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Home My WebLink AboutCC 2013-10-14 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 14, 2013 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) 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 southwest sector of the City B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the west 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 11, 2013 at Q.- a.m. ssi ant 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 14, 2013' Page 1 of 5 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 14, 2013 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 Pro Tern Rodriguez A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from 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. City Council Agenda — October 14, 2013' Page 2 of 5 B.1 Approval of Minutes of September 23, 2013 City Council Meeting B.2 Authorize the Purchase of Badger Water Meter Units from Atlas Utility Supply Company for an Amount Not to Exceed $350,000 B.3 Award RFB 13 -032 Miscellaneous Concrete Improvements to Hard Kountry Concrete in the Amount of $331,700 B.4 Authorize Purchase over $50,000.00 but not exceeding $93,500.00 of consumable medical supplies from Bound Tree Medical, LLC and /or Henry Schein, Inc. The purchase is a regularly budgeted item and coincides with the inter -local agreement with Cedar Hill B.5 Consider acceptance of the 2013 State Homeland Security Program - Law Enforcement Terrorist Prevention Activities (SHSP LETPA) Grant in the amount of $9,500 for equipment that will be used by the Northeast Fire Department Association's bomb team C.0 PUBLIC HEARINGS C.1 TR 2013 -04 Public Hearing and Consideration of amendments to Section 118- 875(c) of the Code of Ordinances of the City of North Richland Hills, Texas, to limit and regulate electric fences - Ordinance No. 3274 C.2 TR 2013 -05 Public Hearing and Consideration of amendments to Section 118 -493 of the North Richland Hills Code of Ordinances and amending the Planned Development regulations - Ordinance No. 3275 C.3 ZC 2013 -14 Public Hearing and Consideration of a request from Gagliardi Group, Inc. on behalf of LaVerne Butterfield LP, Tex Mall LP and the City of North Richland Hills for a Zoning Change from C -1 Commercial to NR -PD Non - Residential Planned Development for "City Point," an approximately 74 -acre mixed -use development located in the 7500 and 7600 block of Boulevard 26 (the former North Hills Mall site and select adjacent parcels); to include amended uses and regulations commensurate with the "C- 1" Commercial District, the new City Hall for North Richland Hills, a maximum of 300 multi - family residential units, and other uses - Ordinance No. 3276 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2013 -09 Consideration of a request from Kimley -Horn and Associates, Inc. for a Replat of City Point Addition on 78.780 acres located in the 7500 and 7600 blocks of Boulevard 26 D.2 Consider Street Name Change from Road to the Mall and Cagle Drive to City Point Drive - Ordinance No. 3277 City Council Agenda — October 14, 2013' Page 3 of 5 J E.0 PUBLIC WORKS E.1 Award of a Professional Services Agreement to Halff Associates for the Smithfield Road (Davis to Mid - Cities) Project (ST1304) E.2 Approve the Renewal of Interlocal Agreements with Tarrant County for the Partial Funding of the Davis Boulevard /Mid - Cities Boulevard Intersection Improvements Project, the Rufe Snow Drive Street and Utility Improvements (Mid- Cities Boulevard to Hightower Drive) Project and the Smithfield Road (Davis Boulevard to Mid - Cities Boulevard) Project E.3 Award RFB 13 -028 for the CIP Project Identified as Traffic Signal Infrastructure Upgrades Project ST1204 in the Amount of $119,964 EA Authorize the City Manager to Execute an Interlocal Agreement Between Tarrant County and the City for Road Construction Work on Eden Road E.5 Revise the FY 2013/2014 Capital Project Budget and Award of Project RFB No. 13 -031 to Interstate Pipeline Utility Construction in the Amount of $300,423.00 for the Construction of the Brookhaven Drive Drainage Improvements Project (DR0902) F.0 GENERAL ITEMS F.1 Approve Rate Review Mechanism Tariff Increase with Atmos Energy Corporation -Mid Tex Division - Ordinance No. 3278 F.2 Amend Balfour Beatty Construction's contract as Construction Risk Manager, establishing a Guaranteed Maximum Price (GMP); and award a Request for Qualifications for the construction of City Point Drive to Balfour Beatty Construction establishing a GMP for the construction of City Point Drive F.3 Amend Brinkley Sargent Architects' July 9, 2012 contract for professional services by $311,350 based on the final Guaranteed Maximum Price for the City Hall project G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilwoman Wright Oujesky H.2 Adjournment All items on the agenda are for discussion and /or action. City Council Agenda — October 14, 2013' Page 4 of 5 Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 11, 2013 at a.m. ':$Asiisnt City Secre ary 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 14, 2013' Page 5 of 5 City of North Richland land H ll Work Session Work Session Meeting Agenda North Richland nd Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland H it I, TX 76180 Monday, October 14, 2013 :oo P.M. . o Discuss Items from Regular r City Council Meetir� A. 1 Discuss the Scheduling of the November and December Council Meetings (5 Minutes B.0 EXECUTIVE SESSION - The City Council may eater into closed Executive Session to discuss the follo ri n-q as authorized by Chapter 551., Texas Government Code B. 1 E .ecut i e Session- Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or glue of real property in the southwest sector of the it B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real Property in the crest sector of the it C.0 Adjournment I 1t4z K9ltJ►[y10A 1 101 :7.1►1b1tJ& From- The Office of the City Manager Cate: 10-14-2013 Subject- Agenda Item No. A.0 [discuss Items from Regular City Council Meeting tin I It4 MMI K0 1 t J►R I I0 A I a J i[0]:TMA 01 A From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item No. A.1 Discuss the Scheduling of the November and December Council Meetings (5 Minutes) Presenter: Patricia Hutson, City Secretary Summary: The second council meetings in November and December are in close proximity to the Thanksgiving and Christmas holidays. Staff is requesting direction from Council can their desire to cancel the November and December 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. Th i year the November 25 and December council meetings fall during the holiday weeks of Thanksgiving and Christmas. Staff is requesting direction from Council on their desire to cancel these two meetings. I ►1�aMM1 K0ltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item No. B.0 EXE UTI E SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code t4ftH K0 1 t J►R I I0 J i I a 1� i[0]: L1► Ibill J i From- The Office of the City Manager Date- 10-14-2013 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 southwest sector of the City Presenter: Craig Hulse, Economic Development Director for t4ftH K0 1 t J►R I I0 J i I a 1� i[0]: L1► Ibill J i From- The Office of the City Manager Date- 10-14-2013 Subject: Agenda Item No. E. Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the crest sector of the City Presenter- Craig Hulse, Economic Development Director 1►1tAMM1 K6ltJ►[yI0JiIaJi[0]:L1►1b1tJJi From- The Office of the City Manager Date- 10-14-2013 Subject- Agenda Item No. C.0 Adjournment City of North Richland H i I Regular Session City Council Regular Meeting Agenda North Richland nd Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 14, 201 :oo P.M. A.0 Call to order - Mayor Pro T em Rodriguez A. 1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on ratters which are not scheduled for - consideration by the City Council or another City Board or Commission ion t a Inter 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 tale action on items brought up during the ciitizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.o 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 nd considered. B.1 Approval of Minutes of September 23, 2013 City Council M eetin� B.2 Authorize the Purchase of Badger Water Meter Units from Atlas Utility Supply Company for an Amount Not to Exceed $350,000 B.,3 Award FFB 1 -032 Miscellaneous Concrete Improvements to Hord Kou ntr Concrete in the Amount of $331,700 E.4 Authorize Purchase over $50,000.00 but not exceeding $93,500.00 of consumable medical supplies from Bound Tree Medical, LL C and/or Henry Schein, Inc. The purchase is a regularly budgeted item and coincides with the inter-local agreement with Cedar Hill E. Consider acceptance of the 2013 State Homeland Security Pro-gram - Law Enforcement Terrorist Prevention Activities (SHSP LETPA) Grant in the amount of $9,500 for equipment that will be used by the Northeast Fire Department Association's bomb team C.0 PUBLIC HEARINGS C.1 TR 2013-04 Public Hearing and Consideration of amendments to Section 118- 875(c) of the Code of Ordinances of the City of North Richland Hills, Texas, to limit and regulate electric fences - Ordinance No. 3274 C. TIC 2013-05 Public Hearing and Consideration of amendments to Section 118- 493 of the North 'Richland Hills Code of Ordinances and amend in the Planned Development regulations - Ordinance No. 3275 C.3 ZC 2013-14 Public Hearina and Consideration of a reauest from Gaaliardi Group, Inc. on behalf of Laverne Butterfield LIP, Tex Mall LP and the City of North Richland Hills for a Zoning Change from C-1 Commercial to NR-PD Non- Residential Planned Development for "City Point IF an approximately 74-acre mixed-use development located in the 7500 and 7600 block of Boulevard 2 b the former North Hills Mall site and select admacent P, rcels)- to include amended uses and regulations commensurate with the "C-1" Commercial District, the new City Hall for North Richland Hills, a maximum of 300 multi-family residential u n its, and other uses - Ordinance No. 3276 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2013-09 Consideration of a reauest from Kimlev-Horn and Associates. Inc. for a Replat of City Point Addition on 78.780 acres located in the 7500 and 7600 blocks of Boulevard 26 C. Consider Street Name Change from Road to the Mall and Ca-gle Drive to it Point Drive - Ordinance No. 3277 E.0 PUBLIC WORKS E. 1 Award of a Professional Services Agreernent to Halff Associates for the Sm ithfield Road (Davis to M id-Cities) Project (ST1 30 E.2 Approve the Renewal of I ntrl c I Agreements with Tarrant County for the Partial Funding of the Davis Bou I rd /M id- Cities Boulevard Intersection Improvements Project, the Rufe Snow Drive Street and Utility Improvements (Mid-ctes Boulevard to Hightower Drive) Pr i ct and the Smithfield Road ( Davis Boulevard to Mid - Cities Boulevard) Project E.3 Award FFB 13-028 for the CIP Project Identified as Traffic Signal Infrastructure Upgrades Pr i ct ST'1204 ire the Amount of $119,964 EA Authorize the City Manager to Execute an I nt rlacal Agreement Between Tarrant County and the City for Road Construction Work on Eden Road E. 5 Revise the FY 2013/2014 Capital Project Budget and Award of Project F FB No. 13-031 t Interstate Pipehne Utility Construction in the Amount of $300,423.00 for the Construction of the Brookhaven Drive Drainage Improvements Project (D R0902) F.0 GENERAL ITEMS F.1 Approve Fate Review iaw M chani m Tariff Increase with Atmos En r� Corporation -Mid Tx D M i n- Ordinance N. 3278 F.2 Amend Balfour Beatty Construction's contract as Construction Disk Mana r, establishing a Guaranteed Maximum Price ( MP), and award a Request for Qualifications for the construction f City Pd nt Drive to Balfour Beath Construction establishing a GMiP for the construction of City Point Drive F. 3 Amend Brinkley Sargent Architects' July 9, 2012 contract for professional services by 11 ,350 based on the final Guaranteed Maximum Price for the it Hill prom ct G.0 EXECUTIVE SESSION ITEMS G. Action on Any Item Discussed in Executive Session Listed on Fork Session Agenda H.0 INFORMATION AND REPORTS T H.1 Announcements - Councilwoman Upright Oumesky H.2 Ad iournmant t4ftH K0111 04 [y10A1a1 101 :L1►1b1lJJi From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item fro. A.0 Call to Order - Mayor Pro'Tem Rod0guez r4fkH K6ltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item No. A. 1 Invocation - u n i I rya n Barth t4ftH K0ltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cato: 10-14-2013 Subject: Agenda Item fro. A.2 Pledge - Councilman Barth I ►1�aMM1 KeltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item Na. A.3 Special Presentation(s) and Recognition(s) No items for this category. I ►1tAMM1 KeltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item N. A.4 Citizens Presentation An opportunity for citizens to address the City Council on ratters 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 tort of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the un i I 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. t4ltH KeltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item No. A.5 Removal f Item(s) from the Consent Agenda N ItH K0ltJ►[yI0JiI:IJi[0]:L1►1 bill Ji From- The Office of the City Manager [date: 10-14-2013 Subject: Agenda Item No. , B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed b l r are considered to be routine items deemed to require little or no d lib rati n by the City Council and will be voted on in one motion. There will be no separate discussion of these items, unless a Council mb r so requests, in which event the item will be removed from the nsent Agenda and considered. N ftH K0ltJ►[yl0JilaA[N:L1►1b1tJJi From- The Office of the City Manager Date- 10-14-2013 Subject: Agenda Item No. B.1 Approval of M i nut of September 23 , 2 013 City u ncii I Fleeting Presenter- Patricia Hutson, City Secretary Recommendation- To approve the minutes of the September 23, 2013 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING F THE CITY COUNCIL 'F THE CITY OF NORTH RICH LAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — SEPTEMBER,23,2013 WORK SESSION The City Council of the City of North Richland H i I I, Takes reset in work session on the 23'dday of September 2013 at 6:00 p.m. in the City Council Workroom prior to the : p.m. regular Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Mayor Pro T m, Council, Place 1 Rita Wright Oujesky Council, Place 2 Toni Lombard Council, Place Tires Barth Council, Place 4 David Whitson Council, Place Scott Turnage Council, Place 6 Tire Welch Council, Place 7 Staff ,Members: Mark Hindman City Manager ,dared Miller Assistant City Manager Karen Bostic Assistant !pity Manager Jimmy Perdue Director of Public Safety Mike u rti Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Kristin James Assistant to City Manager John Pit ti k Director of Planning Development Larry Koonce Finance Director Mark Mills Budget Director Craig Hulse Economic Development Di r for Stan Tinney Fire Chief Kyle McAfee Assistant Fire Chief Dori Wrtbrr Project Manager Mike Hamlin Assistant Police Chief Andy Kncl Assistant Police Chief Gregory VanNieuwenhuize City Engineer Jason Moore Management Assistant — "Public Works Clayton Comstock Senior Planner r.n I I try nrrlpr Mayor Trevino called the work session to order at -00 p.m., A.0 Discuss Items from Rogu l ar pity Council Mee tiro Thorn were no questions from Council on the regular agenda items. A.1 Tarrant Appraisal District Board of Directors - Nominations for Upcoming Election (Agenda Item F. 1 ) Mr. Marls Mills, Director of Budget, advised the City had been notified by Tarrant Appraisal District (TAD) that TAD's Board of Directors terms expire in December 201 and the District trict i accepting nominations. An item is on the regular Council agenda should Council desire to nominate individual for consideration in the election. Curia the regular council emeeting, Council opted not to tale any action on nominating individual for consideration. A. Update on the e it Hall Frei ect Chief Jimmy Perdue, Director of Public Safety, presented a PowerPoint presentation updating Council on the design of the new municipal complex project. There were no questions from Council. E. 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 Cade to deliberate the purchase, exchang, lease or value of real Property in the southwest ccto r of the its Mager Trevino announced at 6:26 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 551.072 to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City. C.0 Adjournment Mayor Trevino announced at 6-58 p.m. that the Council would adjourn to the regular Council meting. REGULAR COU ICI L MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order September 23, 2013 at 7:03 p.m. Present: Oscar Trevino Tito Rodriguez Rita Wright ht u j k Toni Lombard Tim Barth David Whitson n Scott Turnage Turn Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Cu rti Vickie Loftice Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Terms, Council, Place Council, Place Council, Place 4 Council, Place Council, Place Council, Place 7 Council, Place 1 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A. INVOCATION Councilman Turn gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turn led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. A►.4 CITIZENS PRESENTATION Mayor Pro Tern Rodriguez called on Bryan Beck to come forward. Mr. Bryan Beck, 8148 Vinewood Drive, H FAH came forward. Mr. Beck warted to express his appreciation for city staff. Mr. Beck stated that he had interacted with staff on four or five different occasions and each ti�rna staff had been responsive and polite. Mr. Beck wanted to express his appreciation for the interaction and let Council know e how enjoyable it was. 0�- 14.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS AFFFFil B.1 APPROVAL OF MINUTES OF SEPTEMBER 9, 2013 CITY COUNCIL MEETING COUNCILMAN LOIN BARD MOVED To APPROVE THE CONSENT ENT ADEN DA. COUNCILMAN TU I NA E SECONDED THE MOTION. MOTION T APPROVE CARRIED -. C.0 PUBLIC HEADINGS C. ZC 2013-12 PUBLIC HEARING AND CONSIDERATION F A REQUEST UEST FROM BRIG COMMERCIAL MEF CIAL FOIE A ZONING CHANGE FROM LIB LOCAL RETAIL AND - COMMERCIAL TO RD-PD REDEVELOPMENT EVEL PMENT PLANNED DEVELOPMENT WITH - 1 COMMERCIAL USES AND REGULATIONS TO INCLUDE AN EXPRESS CAIN WASH ON 0.923 ACRES LOCATED AT 5901 DAVIS BOULEVARD D ANC 7801 COLLEGE IF LE -ORDINANCE No. 3272 APPROVFn Mayor Trevino opened the public hearing and called on the applicant to cone forward and present the case. Trent Clark, architect with -Plus Design Group, 2651 Sagebrush Drive, Flower Mound came forward requesting a zoning change for a future proposed carwash. Mr. Clark presented a Po werPoint presentation to Council of the proposed development which included a high -tech express oar ra h with 17 free vacuum stalls, waiting/vending waiting/vending area, high quality design and materials and extensive landscaping. Clayton ton + om tock, Senior Planner, summarized the item. BMG Commercial is requesting approval of a zoning change from `SLR" Local Retail and "C-2" Commercial to "RD -PD" Redevelopment Planned Development for an express conveyor tunnel oar wash on 0.923 acres located at the northwest corner of Davis i Boulevard and College Circle o 1 Davis i Boulevard and 7801 College Circle). The proposed development would demolish the existing vacant 7-11 convenience store at the hard corner and the self -serve oar gash ("Scrub-a-Dub") along College Circle. The Planning Zoning Commission recommended approval by (5-0). Staff recommends approval of ZC 2013- 1 with addition that the site plan be amended to provide that vac.uum canopies not extend beyond the building's Davis Boulevard facade. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN TU I NA E MOVED To APPROVE ORDINANCE N o. 3272 WITH THE STIPULATIONS THAT THE SITE FLAN BE AMENDED To PROVIDE THAT THE VACUUM CANOPIES NOT EXTEND BEYOND THE BUILDIING'S FACADE. COUNCILMAN I HIT ON SECONDED THE MOTION. MOTION To APPROVE CARRIED 7-0. Mayor Pro Tem Rodriguez /eft tea e Coup cil Mee find' a t . 3 7 p. tom. D. PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2013-05 CONSIDERATION of A F E U T FROM KATHLEEN MAR THE FOR A FINAL PLAT of LOT -, BLOCK 6, GLENANN ADDITION ON 1.321 ACRES LOCATED AT 8620 AM U N D ON DRIVE I! E AFFRFI Mayor Trevino called on the applicant to come forward and present the item. Kevin hiller with Baird, Hampton & Brown Engineers, 6300 I id lea Place Fort Worth, came forward representing the applicant Kathleen I arthe for a Final Plat for the first four lots for the Glenann Addition. The southern portion of the lot will be split into three lots and platting the lot where the existing house sits. The bask part of the pad will be taken out of the flood plain and will be sold to develop the northern portion. He was available to answer any questions the Council might have. Clairton Comstock, Senior Planner, summarized the item. Kathleen Markhe is requesting approval of a four -lot single - family residential Final Plat on 1.321 acres at 8620 Amundson Drive,, or specifically the west side of Simmons Road approximately 315 feet south of Amundson Drive. The plat proposes to incorporate the new lots into the existing lot and block structure of the Glenann Addition. The Planning & Zon in Commission recommended approval (5-0). COUNCILMAN WELCH MOVED To APPROVE FP 2013-05. COUNCILWOMAN WRIGHT OUJE K SECONDED THE MOTION. MOTION To APPROVE CARRIED 6-0. !Mayor Pro Tem Rodriguez retumed to the Council dais at T-40 p.m. No items for this category. E.0 PUBLIC WORKS F. GENERAL ITEMS F.1 TAR ANT APPRAISAL DISTRICT BOARD of DIRECTORS - NOMINATIONS FOR UPCOMING ELECTION - RESOLUTION N0. 201 3-022 NO ACTION TAKEN (lark Mills, Budget Director, presented the item. The term for the Tarrant Appraisal District (TACK) Board of Directors will expire in December 2013 and the District has begun the election process. This process, which will continue into December, will adhere to the following steps: 1. Nominations inations must be made in an open meeting by the City Council in the form of a resolution no later than October 15, 2013. If Council chooses to nominate one or more individuals for consideration, action will be necessary during either the September 23rd or October 14th City Council meeting. 2. TAD will distribute ballots listing all nominees submitted by Tarrant County taxing units b cto be r 30, 2013. 3. Council would submit votes for the nominee(s) of their choice via resolution by December 15, 2013. The five nominees receiving the largest cumulative vote totals are elected. Board members would then tale office for a tiro -gear term beginning January 1, 2014. Should Council desire to nominate individuals for consideration in the election of the Tarrant Appraisal District Board of [directors, it is recommended that Resolution No. 2013-022 be approved with the nominees ) written in. Mayor Trevino asked for nominations for consideration in the election. There being no nominations no action was taken. F, CONSIDER AMENDMENT of CHAPTER 42 RESTRICTING THE LOCATION WHERE SMO IN Is ALLOWED - ORDINANCE No. 3273 AFFFFI John Pitstick, Planning & Development Director, summarized the item. In a response to requests from the Youth Advisory Committee and the public, smoking regulations are being updated to be more restrictive and to be consistent with surrounding area cities. Under the new regulations, restaurants will no longer be allowed to have indoor smoking sections, but there will be exceptions for outdoor restaurant patios, private offices and adult smoking establishments. Local restaurants and smoking businesses have been notified of proposed changes. If approved by Council, the new regulations will go into effect on January 1, 2014. Staff recommends approval of Ordinance No. 3273. Mayor Trevino advised that under the Council Rules of Procedure, he has received several requests to speak from citizens on this issue. Mayor Trevino inquired if there were any objections from the Council. The Council had no objections to hearing from the citizens. David +dray, 7709 Hewitt Street, l F H , TX came forward. M r. Cray expressed his disapproval for the -changes to the smoking ordinance. Mr. Cray felt that the restaurants should be able to choose if they granted to be smoking or non - smoking. The following care forward in support of the new changes to the smoking ordinance. 1. Tyler Barry, 6749 Worth Farb Drive, NRH, TX 76182 2. Kay Kamm, m, 8900 Carpenter Fri., Gallas, TX 75267, Field Director, tor, Government Elation, American Cancer Society 3. Janet Kibler, 6905 Ruthette Court, NRH, TX 761 4. Cindy Crider, 8332 Thornhaven Court, N H , TX 761 COUNCILMAN L MBA RD MOVED To APPROVE ORDINANCE No. 3273. COUNCILMAN BALI TH SECONDED THE MOTION. MOTION TO APPROVE CARRIED -1, COUNCILMAN WELCH VOTING AGAINST. T. Councilman Whitson /eft the Councilman meeting at p.m. Councilman Whitson return ed to the Coup cil dais at p. m. F, APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE AFFF VFn Kristin tin James, Assistant to the City Manager, presented the item. The Mouth Advisory Committee currently has mine vacancies. This year, staff received eleven new member applications for the 2013/2014 Academic Year. Upon review of the applications by the YAC Executive Committee and Staff Liaison, it was decided to recommend to City Council the following new members for appointment: Tyler Barr — R i h lard H i g h S hool — Grade Tiffany Gang — Bird i Ile High School — Grade 1 Sara Johnson — Richland High School —Grade 1 Peyton Larson — Richland High School — Grade 1 John McG uffin — Birdvil le High School — Grade 1. Meredith rr — Richland hland H i h School — Grade 11 Van a Pah n — Birdville High School — Grade Pete F ii l — Richland High Soh ol — Grade 11 Emma lair Tenney — Birdville High School — Grade 1. These new appointments are in accordance with Section -171 of the Code of General Ordinances. The bylaws state that anyone who would like to participate in YAC who is not appointed to the Committee may become Active Group Representatives. Th i year YAC will hags two representatives-. Samantha Moore — Birdvi Ile High School — Grade 1 Tanner Roan — I i hland High School — Grade 1 COUNCILMAN L MRAI D MOVED To APPROVE THE APPOINTMENTS AS PRESENTED. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITE ISIS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA B.1 DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF DEAL PROPERTY IN THE SOUTHWEST SECTOR F THE CITY Craig Hulse, Economic Development Dir tor, summarized the item. The City has been approached by Griidiiron Capital for the sell of property for the purposes of a Poll Tropical restaurant just east of the u rr rat Taco a ba na on Loop 820. Staff recommends authorization for the City Manager to execute an earnest money contract to sell 0.942 acres in Block 25, Lot 1 -F -1, Snow Heights Addition for the purposes of P IIo Tropical restaurant. COUNCILMAN TU N AGE MOVED To AUTHORIZE THE CITY MANAGER EIS T EXECUTE AN EARNEST MONEY CONTRACT TO SELL 0.942 ACRES IN BLOCK 25, LOT "1 -F -1 � SNOW HEIGHTS ADDITION FOR THE PURPOSES E F A POLLO POLL TROPICAL RESTAURANT. TAURANT. i A R PRO TEM ROD I UE A =10101 2 1 a] =1 911111 : I =1 'j [all I [a] ki I MOTION TO APPROVE CARRIED 7-0. H. INFORMATION A►N D REPORTS H.1 ANNOUNCEMENTS Mayor Fero Tern Rodriguez made the following announcements. Join the North Richland Hi Its Police Department i n celebrating National Night Out on the evening of October 1st. Residents are encouraged to turn on their porch lights and gather with their neighbors to h w unity against criminal activity. The Mayor's next monthly bike ride will be held on Thursday, October 3rd. This will be i the final ride of 20113. Cyclists are invited to meet at t h e N Centre parking lot at 5-45 �p.m. for the informal ride with Oscar. The ride is approximately 10 miles and incorporates the NRH trail system and on-street routes. On Saturday, October 5th North Richland Hills residents. can get rid of unwanted bulky items during the annual Fall Community Cleanup. Items can be dropped off from 9 a.m. to noon at the Tarrant County, College-Northeast Campus, 828 Harwood Road by the Tennis Courts. Paper shredding will also be offered from 9 a.m. to noon, or until the truck is full. Residents can bring up to five average-size file boxes of paper to be securely shredded and recycled. For more information, please, call 817-427-6663. Kudos Korner - Art Anna, Tanner Arime and Pete Martinez of the Parrs & Recreation Department. A resident called to express her appreciation for the city employees who helped her when her car broke down by Liberty Park. They pushed her car to her house, which was nearby. She stated that they were very kind and courteous and went out of their way to assist her. She said she was very grateful for their help. H. ADJOURNMENT Mayor Trevino adjourned the meeting at 8-26 p.m. Oscar Trevino — Mayor F.1111 a 11 *16 Patricia Hutson, City Secretary N ftH K61tJ►[yl0JilaA[N:L1►1b1tJJi From- The Office of the City Manager Date- 10-14-2013 Subject: Agenda Item No. B. Authorize the Purchase of Badger Water Meter Units from Atlas Utility Supply Company for an Amount Not to Exceed $350,000 Presenter- Jimmy Cates, Operations Manager Summary: Staff is requesting City Council authorization to purchase Badger water meter units from Atlas Utility Supply Company, a sole source distributor located in Fort Worth for an amount not to exceed $350,000. A Badger water meter unit is a meter that tracks customer's water usage and an electronic transponder device that transmits data from the water meter to a reading device. General Description-. Since 1992 the city has purchased Badger water meter units. The city has approximately 20,000 Badger units throughout the city. The Badger meter is one of the most accurate and dependable water meters on the market. Annually, Council approves $350,000 in the Utility Capital Projects Budget for replacement of meter units that have failed or are over 10 years in age. The replacement program ensures the accuracy of the measurement of water usage by the customer. 'Meters that are older than 10 years have internal parts that may fail and cause the reading to be inaccurate. The Badger meter units are the only type that is compatible with the city's existing meter reading system. The city uses a Badger reading device that is placed in a motor vehicle that is driven on all city streets. As the vehicle travels -along the street, the reading device receives data from the transponder located on the water meter for customer's usage. Once the meters are read, the data is then transferred to a central computer using Badger software. The manufactures of Badger meters have exclusive designated territories for distribution of their meters. Atlas Utility Supply pis the only authorized distributor for the 'territory covering North Richland Hills. Atlas has always provided good service, met all specifications and made deliveries on time. Their inventory is adequate to serve the City. There is a price increase for the purchase of the water meter units. Recently the Environmental Protection Agency (EPA) adopted new regulations that require water meters to be lead free. Any type of material or components used in the fabrication must be lead free. Thee new regulations have cued the manufacturers of all voter meter to fabricate meters with stainless steel or plastic products. This has increased their cost of production and the increase in cost is being passed on to the distributors. The cost increase i about 0% for a typical 1/4" inch grater meter unit. Even though the cost has increased the new meter types being manufactured hire some advantages compared to the oid meters as noted below: The design Iife of the meter unit has been extended from 10 years to 2.0 years. Instead of two components, a transponder and water meter, the two units have been combined into one water meter unit. The new meter units are designed to work with a fined network system much life the smart meters that are currently being used by some electrical companies. The accuracy of the meters has been improved. These improvements are a benefit to the city. The increase of the design life of the meter from 10 to 20 years will reduce the frequency of replacing the meter. The life of the meter has doubled with only a 20% increase in -cost. Installing one component (combined meter Fund transponder) instead of two separate components will reduce the installation time. The new meters will -also have the capability to be converted to a fixed network for reading the meters wh i ch is the technology of the future. Attached is the sole source purchaing prices for the Eder water meter units from Atlas Utility Supply Company. Recommendation- Authorize the purchase of Badger water meter u n its from Atlas Utility Company for an, amount not to exceed $350,000. Bad,ger Met er, Inc. 1915 TO 2DOS - i CENTURY DF FLOW MEASUREMENT SOLU71ONS Septernber 24, 2013 Mr. Pooch Amy R 0. Box 820609 City of North Richland Hills North Richla-rid Hills, TX 76182 Dear Mr. Amy, 4545 West Brown Deer, Road Nlivvaukee, Wisconsin 53223 P.O. Box 245036 Milwaukee, W1 53224-9536 (414) 355-0400 Badger Meter, Inc., of Milwaukee, Wisconsin has authorized Atlas Utility Sup ply as your local Badger Aster d istribu tor in the North Texas area_ Atlas Utility Supply has been Badger Meter's only authorized distributor for the past 24 years, serving the North Texas utility market. As you know, Atias Utility Supply can be contacted as follows-- Atlas, Utility Supply 2301 Carson Street Fort North, TX 76117 Phone. 817-831-4275 Fax- 817-831-1014 We appreciate your continued support of Badger Meter products through Atlas Utility Supply. Please call me if you have any questions or concerns. Sincerely, Toby Sledge Account Manager Badger Meter, Inc. Phone: 979-571-3183 (cell) E-mail, tsiedge@badgermeter.com www.badciermeter.com IS U-MATY SU ['11"I N I A) %J PA N V FORT � CMTH, TF X,.k q 7&' 17 j2I 19111831AVS FAN614111,253,1.1oE4 uktO.Jzdimabre corn Date; August 23, 2013 City of North Richland Hills Quantity Descript'lon Unit Cost Badger E-Series Meter and Encoder pricing CE each 5/9'' x 3/4" E Series M od el, E-2 5 Badger meter,, 316 5ta in IeSS steel, RT R $219.00 protocol, Orion CE w/data profile and 308 connectors each E Series Model E-35 Badger meter, 316 stailess steel, RTR protor-oll, 3/4" n 5275.00 Orion CE w/data profile and 308 connetars each 1" E Se r ies Model E-55 Badger meter, 3 16 !jta I n less steel R I R protocol, 5295.00 Orion CE w/data profile and 308 connectors 1112" E Series Model E-11/2 Badger meter, 316 stainless steel RTR $-58,5.00 each prator-ol, Orion CE w/data profile and 308 connectors each 2"r E Series Model E-2 badger meter, 316 stainless steel' protocol.. $755.00 Orion CE w/data profile and 300 connectors SE each 5/811 x 3/4" E Series Model E-25 Badger meter.. 316 stainless steel, RTR $243.00 pratocQl, Or-Ion SE w/data profile and 308 connectors each 3/4" E Series Model E-35 Badger meter, 316 stainless steel, RTR protocol, $302.00 Orion SE w/data profile and 308 connetors each 1" E Series Model E-55 Badger meter, 316 stainless steel RTR protocol, $320.00 Orion 5E w/data profile, and 308 connectors each 111211 n E Series Model E-11/2 Badger meter, 316 stailpss steel RTR $605-00 protocol, Orion SE w/data profile and 308 connectors each 211 E Series Model F-2 Badger meter, 316 staintess steel RTR protocol, � 775_00 Orion SE w/data profile and 308 con n ecto rs Badger Low Lead Meter and Encoder Pricing Low Lead Bare Meters Only each M -2 5LL 5/811x 3/4" Badger Low Lead Ba re M ete r on ly $52.58 each M -TOLL I" Badger Low Lead Bare Meter only $153.09 each M-120LL 11/2" Badger Low Lead Bare Meter only $367.41 each M - 1 70LL 2" Badger Low Lead Bare Meter only $516.44 Date: August 23, 2013 City of North Richland Hills Quantity Description Unit Cost Orion Encoder and Transmitters Only CE ea r- h Badger 1 -25 5/8 "x 3/4" RTR protoca I., Orion CE transmitter w/d ata prof i le $131.75 and 3' lead each badger M - 70 1 "" RTR prrotoCoj, Orlon CE tans itte r w/data profile a n d 3' $133.75 lead each Badger M-120 11/2" RTR protocol, Orion CF transmitter data profile $146.70 and 3' lead, each Badger M-170 2" RTR protocol, Orion CE transmitter w/data profile and 3' �146.70 lead SE ATLAS each Bad ser M-2.5 S/8"x 3/4" FIRE LCD protocol., Orion SE transmitter w/data Fc)jkr NK"ORTH, -F—FAA S -61 1 profile 3' lead S171VIArS FAX 2117,'813-1014 each Ba d r M -70 1 " H RE LCD protoc al, Or lo n SE t ran smitte r w/data prof I-le 3' $149.00 Date: August 23, 2013 City of North Richland Hills Quantity Description Unit Cost Orion Encoder and Transmitters Only CE ea r- h Badger 1 -25 5/8 "x 3/4" RTR protoca I., Orion CE transmitter w/d ata prof i le $131.75 and 3' lead each badger M - 70 1 "" RTR prrotoCoj, Orlon CE tans itte r w/data profile a n d 3' $133.75 lead each Badger M-120 11/2" RTR protocol, Orion CF transmitter data profile $146.70 and 3' lead, each Badger M-170 2" RTR protocol, Orion CE transmitter w/data profile and 3' �146.70 lead SE each Bad ser M-2.5 S/8"x 3/4" FIRE LCD protocol., Orion SE transmitter w/data $149-DO profile 3' lead each Ba d r M -70 1 " H RE LCD protoc al, Or lo n SE t ran smitte r w/data prof I-le 3' $149.00 lead each Badger - 12011/ " H RE LCD protocol, Orion SE tra nsw fitter w/dat Ei prof I le $162.00 3' lead each Badger M .170 2 "" H R E LCD p ratoco 1. Ono on SE t ra n s rn itte r w/data profile 3' $162.00 -lead 1►1taMM1 KoltJ►[yl0Jila1�i[0]:L1►1b1tJJi From- The Office of the City Manager Date- 10-14-2013 Subject: Agenda Item No. E. Award RFB 13-032 Miscellaneous Concrete Improvements to Hard Kountry Concrete in the Amount of $331.,700 Presenter- Jimmy Cates, Operations Manager Summa The City Council is being asked to award a bid to Hard Kountry Concrete in the amount of $331,x 00 for miscellaneous concrete improvements. General Description. Miscellaneous concrete improvements consist of repairs made to Portland concrete pavement, sidewalks, curb and gutters. Typically concrete repairs are not made by the Public Works Street Division. Portland -concrete repairs require special equipment, tools and personnel who are trained in the construction methods of concrete placement. Therefore this type of repair work is contracted out to qualified construction companies. On October 3, 2013 a bid opening was conducted. Three (3) bid proposals were received. Hard Kountry Concrete $3313700.00 Westhill Construction Inc. $4193250.00 ICI HB Construction, Inc. $440, 32 5. 0 0 The city's intent to bid was advertised in local newspapers and posted on the city's webit. Hard Kountry Concrete was the low bidder and has worked with the city for 20 years. Their repair work has always met the specifications required by the city. They are dependable and meet all schedules required by staff. Citizens have also reported to staff on how professional and courteous the company is while making repairs. Repairs are made on as needed basis and sufficient funding is available for the FY 2013-2014. Recommendation - Award RFB 1 3-032 to Hard Kountry Concrete in the amount of $331,700. rn or i Q'i nal I 113-032 MISCELLANEOUS CONCRE-Th. IMPROVEMENTS BID FOR N1 BID # 13-0-IZ nc ' genml intent of this contract is to pmvidc concrete repairs and ruplacc=nt as rcqu 1 rcd for r1h e Sect lei i si,o can k , I i he C i ty of Non h R Ichlarid i I i I I s, A w di d rna v bc made foT primes and secondaly ict) r i I - `I IS. If [he C CrM 5 af e rWp [ HgrC C I C Lo plewsc provide explanatio-n in t] IL *=Li� pmvi&d on ffic bid foffn- Contractor, Nblic. Works shall have the responsibility tif 111 ,c supervision of the construction. All lines, Wadcs. sub-grade anti re-Inforcing st Pl:iccmelit mus(be checked by tic Public Works. r ITEM EST. DESCRIPTFON UNIT EXTENDED PPICI: PRICE L 1. Remove and re lac valley gutter, SF complete in ]PI ac C S2 D. 07 0 0. 4 27000 Remove and rc-place reinf /4 SF Corlue.1c sidewalk, complete in plam. 1 3. In-stall liandicap ram]-v,.'Compicle -III S LaVo 40- Sjd -)v. Each P1 ace. ae 4. R cmove and rep I ac c yorkcrete c urb and S-2 L L F gutter., coni�lete in piacc. ii 5. Reriurve anti rqplace driverway flow A.Imp- SF lim, -win P I C I C -1 n place. Rvmovc and replace drivcway, CJ 6, S 6 r SF cornpletc ire place. 7. 100 Rcmove atul re ]acs curb inlet cajr i)r $ LF retum. complete ill Place Reiiuwe anti Rcplacc Concrete S ;z 7 45-c70. SF Pavement, c%jiTiplete in plac - Y" t1lick. 2-F-OW Rernovc and mptace conerele 9' SF pavemerif, uwnpictcin place 6" OiLk 10. x,000 R.C.T130XV. arwJ replace concrete S F Pd � 0111111- LOMPI etC in placc- 7" tai ick S Page 23 of 46 13 -02 MISCHL LAN FOUS CONCR FTE I MPROV "ME NTS BID FORM CONTINUED BID # 13-032 s� I s If 2d 0C.'' $1.300. 'k--' I S 2 6 pip It or I $ goo I �zm -.0- GRAND TOLTAL S f7l-)Jl Z) 40 SECONDARY AWOM; Would you, he willing to acccpt a S=)ndw-y Award to provide maLerialsfservices in the abscnce i)f the primairy contractor at the pficcs subTnItir-d on this bid foun? Sw "fit wd- ary Coritractor" page 0. 12 CS N o Page 24 of 46 ZWO Remove and mplace concrclic SF pavement., complete in placc– 8 thick 090000" — 1 Remove and r ace -standard curb Each inlet oompI in place- 2 Rcrw5ve and replace sitandard curb "1330b jTkict top, compleic in place. 100 Remve aW rep] acc channel head 14, M Face FT w911, C�DmPlctc PIE'cc- M , inimum fee per work ordc.r. Vamp Sum s� I s If 2d 0C.'' $1.300. 'k--' I S 2 6 pip It or I $ goo I �zm -.0- GRAND TOLTAL S f7l-)Jl Z) 40 SECONDARY AWOM; Would you, he willing to acccpt a S=)ndw-y Award to provide maLerialsfservices in the abscnce i)f the primairy contractor at the pficcs subTnItir-d on this bid foun? Sw "fit wd- ary Coritractor" page 0. 12 CS N o Page 24 of 46 1&0 S Every day the City of e emails andphorte emp are doing., we reMved about David Hays lip, Mike Pastre and Steve Yoder, Planning and [)6velopment Department - A reskient called thanking David Mike and Steve for the great work they did vvfth all their inspecbons. The resi de nt wa a grateful for Ow i r i nfcm a t ion and the fact that the inspectors were willing to work wO him until all the inspections were coompftte, He said it was a real pleasure to work wfth everyone in our cif _ Michael Spagnuolo, Stzff and Voluntetirs, Library - An emal was recahmd fi-om a patrcm expressing weer 081 NJ hi a M t OUM en oyme n t at me recam st a r 'dam ewnt held at the Library, All the energy was so Po s ftl ve a n the staff a n d vol Ltn teers were very nice- Michael, wM n4n the light saber trainIng. was very p� with t he kids a nd funn y too � Th e patron wanted to let everyone involved know that all their hard work was greatly appreciated, G I ynn M iller, Robert Burlgasa, J ass* By rd , E Iija h Dormliny, Pets Martinez, Ryan Grippe, Ludo Valdez, Public Works - After trying to resolve his sewer problarns the resident called the crty for assistance. Robert, Jesse,, Elijah, Pete, Ryan. and Luc*'o responded to the c2ll. The location of the -Problem was crucial to the repairr and Uie TV eva I u atio n P n pc i nted #* a re a where the work needed to be done, The resicWt stated that the crew did an outstanding job of repaking the semm I i ne and re0ac ing the d i rt frown the e x mvabon, They In Honor of J ulas_ National Parks and Recreation Month the NRH Centre will host a free family fun n i ht on Friday Jules North Richland Hills recelves letters, calls about the great things our Follawing are some of the comments employees dur-Irtg the past month. were careful not to harm his tree and to lim dannage to -the sidewalk. Mr. Ker, Marshall did an excellent job repairing the broken sidewalk of daNerous cracks. He -was very appreciatrve to everyone nor Ida job very well done*. Jeff Blalock, Michael Aufty, Tyler Matble. Richard Abellino, Kevin Queppet and Eddy Wood Fire Department - A Wier of appre ciation was recerved from the mayor of a neighboring cAy axpressing sinn thanks W the fire crew "o responded to a 5enlar living fauAily fire. He stated that this was a great example of inter -city cooperabon in, the rende fin g of rniatual aid and partnership wdh area cities- He luok5 f orwa and to future collaborations together. Chun Mez!ger, Animal Adoption and Rescue Center - After the death of his beloved dog Rte. a Richlaod Hills res7dent wanted to express his deep appredalion for all Chun's help With his auon. Not k 1 n dness Arid com pa ion th at day wom � ond words. YV FON* run MOM at the NRH CH11761 FrIday 5:300 • A as mn men swim 6 A bV r000 $IWO$ minks GWR IL. � 7 1 G 4 RZC4 D R F AV 41 'N ol k4F; TX 5641 r F A ti kF"e s.7ow DR 65 I I LF 0- -qlq wimpall ffloft6q, A I . 1 l sk , _I r �r k. -'i- dr op ,I i 'Y -IF7 —,q i 5 4 e r s L I r Ake At r JT i i jr WINDOW" MV �I p 9 Texas Accessibility Standards ap Techirical. ,tei?jo.i-c-7rrc.lit)ii Issue Dale: June, 20 0-,S Te as D epa rl awn I ci f Licensing and Regulation Archl'tectural Barriers 'I'm 08-01 Cu rh Ra inpi, — Surface Texture reXon I FLIN 1 Ad 68. 1 -1 r.n1inistralive R kile 02 (b) (2) raid 'V k %*, 4 -, I P. 4 The ONI Y SUft"aCC imure TDL R is currentiv aware of 117-%--0 tm--Os- the intcrit of both die Texas Acvl---.:. ' - jbly Standards and the currendy enforceable federal Am-,-ncaTi--. with Dl�abhllties Act Accessibility Guidclincs arc docctabIc warninp (aka trwicated donicNO illerting flit technical er- i fi cati ons. a F T AS 4.2 R. 2 Wi th the in tem ion o fh annovi'Mig bi-i i h saa i c and federal nRulremcnts , the Dc p artment is. u s I h-C f�b I [owing tc-c hnica I c Iari fie at i on s r cga rd i r, p. ,-% Li. r-Fa ce texture re q u j mnen its at curb ramps. Curb Ramps in the Pubi-ic Rigpht-al-Wa-v I or altered vv 1i 1i ifs flic pub A I I curb rare p6� c u i i stni c tee ., fr, n ov*cd, mod Bed, I is aright -o1= ay, im"t comply with Arc h i W ct ura I Beni en Ad winistrativc Rule. 68. P --1 i'b) (2.). In accordance with AdmilniqlTalive Rules 68.102 and Try S 21, thc, Department ys allowing the etc etabic warning swface to bca ill IT111lium, of 24" in depth (in the dircclion of pcdcstrian tmvel.) in 11'eu of the fu I I depth of the curb ra ii i p, 'rh c d cv la Ll o n from wig particular technical 7-cq u i remcn I does not rcqLiirc a vaniance. The trwicated domes, mu-ta still exiend the full w-di i of thcL curb rarnp (o or landing as appilcab I c at Pa ral 1c] curb reps) and comply w 1 th TA S 4_ x 9.2. T I i � : i eforc flit mquLreTrxmtssci forth iii TAS4.7,441�&(2) will not zipply. Referviccilluraratiany SID 1WA&K ,Olt 4. P., P 4qOL IRIN PAKE Texas Accessibility Standards Technical Memorajidum Issue Date: June., 2008 g Texas Depar m m ire icat of Lice and Regulafibn Architectural Barriers TM 08 -0 1 Curb R a in pi — Su r Face Text u re/Contrast Administrative RuIc 68.102(b)(2) a-nd TA S 4,7.4 RIL11111� NOT 'U1 the Public Riaaht-of- AAI cuib dVW4 MM WA=LrUCLM, rCn0VEkjCd.. 1110(fified, or aftcred, but are NOT within tlLc public ng I i t- t 111"Ist CoInp ty with TAS 4,7. Thic &tcc tab le warning s u mug extend th c fu I I and or I h e curb rimp (or Ian as applicable at parallel rurb ran"). Tle MpiRM11011 stmngly enCoUfage%' thrr USC of t dumu�i co Tilplying w 11h TAS 4.29. 2 as a 11W =S to satjsfy lh [tic siatu and federal rNuircmcnt in Hem pt' thc surfacc cc-Ktures limed undcf TAS The rcNuircmcnts so forth In TAS 4, 7,4(2'1 vt� I I I �i I No apply io i lie M I width and d-epi h Of tbC CL rb Tamp Or Widing) as applicabir, Thii 11richnical mennorandum superSCEIENS 'T)j 99-15 '�%IUVEJ ill JU[V 1999 and whieb is .3.0 loncrer ef rective P4 Any ffcviously issucd TM r0 ailed to TAS 4-74 3 e I is still appficable for tkse curb rampsw however, it is linportant Iii now Mat !simply sat is-fyflig the mquircmetits of TA S dms not ft[lmrialc compliance with fcderal lLiw. ■ " LIMI-F& W r r1YGREMMCLL.01 CURB AMP lbpm-?� �r wftw -4r, woomm qWFmpW IF dbmq=F4 T YK *amp L, 4h 4 A Ir IKYPW- PARALLEL CU" RAW jj)j■ %r i m —mr -a . i i nct zcrl-z ; - I-,1-c lrjrlltl 'Fj. 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Lk Mwl an aboir-i-c-4 la- rf a r*IVW $%*IV ■ rw3m t t-m 0 r mo wro gjr feco mmj pid .. qw! v Cjrc4rMv - mwi q F m'* I MA -16 ;n M TM Pa avrfo% c;rcuo,3--lum arm "-wo-wo o"1111 4"I o0v or launamicr or 4 ZVIF*Cw 0-5 Drilmitl$lp p "Mi" 11- mb&mckLw7vL IL 6 �6 ri . W&qtn-,%;Fj Mbi w 43f 0 Mt I of In C" wrowr-nmim rwm tr-r ija r-W4 rWW-Tir DETECTION UARRIES FOR VERTICAL CLEW614CE < 1W PEDESTRIAN FACILITIES s I DMALKS PFD -05 Iml 5 or A 64 oil u 141 3EKAK W:lkl -�u 1�90%41194 L r 3EMUS X 40ppp rLAowwl ir jw I 41'4 d' 6161,100'"o Ito; Whell- 5KEWCO INTERSEMON NIT" `_.I f-- RADIUS SUP am a L 11.111b r -raj P. 51171 L 0 1 um &MAff"f*:w SP:CKD INTERSECTION WITH 'ALL' RADWS 's -k rw MR 1), 1 Vl ki 61 *1 kjmrwA lk, EIIIIII ti L 5 1 O"OL P. IL 51000■L9 IFLNuill 4 I u I AL IL A PuAj;E HT r " Cjql IV ML 1 Min tw L W TH "SMALLO RADIUS 1 L PMN'" lbr;4w r J NOA"L IMTEPSUC� UK N[TLm -LOWAO RACIUS ■ r r 16 Sl Or MA A7 MTERSkeTION W RIEMI TURN L 1%(AN0 TYPICAL CFOSS rNC LAYOUTS 0 SEE WtV I OF 4 ron DErjk[Lc, KMD )IMEN$104 4~10L qbg" *,TV■+ mrsmam � Erman a amm■ IL trWE � POW* i*J r+ft -w M PdWw-'A 1-1 , • • %r■ a LOW Allik OffiftombAlp wwrl" *-v �'-§A 1 491c* L" W%mp- M-0 PAM ME 11 ■ whk 4 0zle 4 arke mr iv -mi mmw bm VS IM IL d I qrrw- bw mm& lk �q I -I� I b%5* hm. bw MVEW% WPL � mWq rwv r... b. d 11' t -V I sound mu mir "M iiqp MJP sue, P� a• -M a, miml LAM I"d I Amm" 9 110 lid IN fA + 4 ■ v �A M� IL &tj4Lct"r S I KUL R 6 u -%&p tow c rf z MIC-BLOCK MLACELiCNT 1pcIIfTm&ltuLmm Mma--L rmw Dvwtmv or amp I DVKMW PEDESTRIAN FACILITIES ZIYTERSCCT ION LVM77 PED-05 t4ftH K0111 04 [y10A I a1t1CQ:L1►1b1tJJi From- The office of the City Manager Cate: 10-14-2013 Subject: Agenda Item No. H. Authorize Purchase over $50,000.00 but not exceeding $93,500.00 of consumable medical supplies from Bound Tree Medical, LLC and/or Henry Schein, Inc. The purchase is a regularly budgeted item and coincides with the inter -local agreement with Cedar Hill Presenter: Stein Tinne, Fire Chief umrnarr: This item is to authorize payment to Bound Tree Medical, LLC and /or Henry Schein, Inc. for consumable medical supplies for an amount not to exceed $93,500.00. General Description. The North Richland Hills Fire Department utilizes the interlocal agreement with Cedar Hill to purchase conu ruble medical supplies from Bound Tree Medical, LLC and /or Henry Schein, Inc. These supplies are used by the department during responses to Fire and EMS calls and are replenished as needed. The line item 001-9003-532.66-35 Specialty Supplies / Medical and First Aid was approved in the FY 2013-2014 budget in the amount of $93,500.00. Recommendation- Authorize purchase from Bound Tree Medical, LLC and /or Henry Schein, Inc. in the amount not to exceed $93,500.00 for consumable medical supplies. � \NTERLOCALAGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND CITY OF CEDAR HILL This made and nbaned��by and between �eC�yofNo�hR�hendH�� hereinafter '=--'--a^NRH~, and the City oy Cedar Hill, hereinafter referred toaa "City of Cedar Hill pursuant to the authority granted by the Texas Lmkerlono Cooperation Act {Article 4413 �c� C32c Vernon�Annoe�adTexasOUa�mea r�~ n\a|bod|eo.theperdeshmro�.'noone�- nof the promises and mutual promises contained herein., agree as follows: NRH and City of Cedar Hil I desire to enter into an Agreement for the purchase of goods and services from ven(ions selected through the competUrtive bidding proCess. Specificabons for said items should be determined in cooperation with the final approval of the entity processing the bid, The responsibility of each entity shall beoofollows' NORTH R]CHLANOHILLS 1 NRH shall be allowed to purchase goods and services from vendors who have been ' selected by City of Cedar Hill through the competitive bidding process. NRH will place ordersdirectly with and pay direofly to the selected vendor for goods and services purchased through ocontract. 2 ' All purchases will be within the specifications that have been agreed to. NRHahmUbe responsible for the Vendors compliance with a|\ conditions cf delivery, price and quality of the purchased goods orservices. 3. NRHabaU give a3U~dey written noUf1radion to all participating agencies of any change or cancellation of participation. 4. The Purchasing Agent, shall be designated as the official representative to act for NRH all matters relating to this cooperative purchasing agreement. City of Cedar Hill andao��mmfnz�vondo�who 1. Ctyon�euorHmsna/uuauu��"=pu`^�~~ have been selected -'''' through NRH. ChYof Cedar H0|wU place orders dnmuoy w�hand pay dire��to the eo|edadvendor for goods and services purchased through a contract. �� m� %W 2. All purchases will be within the specifications that have been agreed to. City cf Cedar Hill shall boresponsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods nrsarvices 3. City of Cedar Hill shall give a 30-day written notification to a participating agency of any change or cancellation ofparUcipation. 3. Gregory Pon/ia , Purchasing Manager, shall be designated as. the official representative to act for City of Cedar Hill in all matters relating 1othis cooperative purchasing agreement. This Agreement shall take effect upon execution by the sign2torieSr and shall be in effect Yrnmd ate ofexeuu\ionundlterminatedbyoltherpa rty`mithihirty(30)vvrlt1onmotioe. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RNCHLANOHILLS City Man Tn af ZI r Ar APP VED AS TO FORM: Attorney f6r th6 City �L N R HOmundACUOncn/� DateAppn�cd��~��_. 21L 2L Agenda No ond-4Re��o._______~_�� CITY OF CEDAR HILL TITLE �4 1k I*Vf SCCIC 71-4 A7-� APPROVED AS TO FORM: I I CJ KoltJ►[yI0JiIaJi[0]:L1►1 bill Ji From: The Office of the City Manager r Cate: 10-14-2013 Subject- Agenda Item No. E. Consider acceptance of the 2013 State Homeland Security Program - Law Enforcement T rr+ ri t Prevention Activities (SHSP LETP Grant in the amount of $x!,500 for equipment that will be used by the Northeast Fir Department Association's bomb tear Presenter- Billy Owens, Emergency Management Coordinator Summary: The City of North Richland Hills has been awarded $9,500 from the Department of Homeland Security FEMA Grant Programs Directorate to fund the acquisition of specialized Self Contained Breathing Apparatus (SCBA) to be utilized by the members of the Northeast Fire Department Association's (NEFDA) regional Explosive Ordinance Device (EOD) team. General Description: This grant was given to the regional Explosive ordinance Device (EOD) teams to purchase Self Contained Breathing Apparatus (SCB,A) for the bomb disposal suits. These SCBAs are specially designed to fit under the bomb suits to provide air to the technician. These units will be purchased and used by the NEFDA END team. Acceptance f this groat does not require matching funds. The -city is expected to be reimbursed 100%. Recommendation To accept the Department f Homeland Security FEMA Groat Programs Directorate, 2013 SHSP LETPA grant in the amount of $9,500. / 01F E..e X S$ Cl �. A 9 I I. General Award Informadtion Texas Department of Public Safety 2013 Sub-Recipient Award for City of North Richland Hills Reference, E ncu mbra nce Flo: Date of Award: September 20, 2013 Prepared Bar: Hatfield, Bryan 3. SAA Award Number: 13-SR 52356 -01 4. Sum Rrpi ent Na nie and Address 1 5. Federal Grant Information Maur Oscar Trevino City of North Richland Hills 7311 NE Loop 920 N. Richland Hills, TX 761BO 16. Award Amou nt and G rant Brea kdowns $9, 500. 00 Federal Grant Title: Homeland Security Grant Program (H P) State Homeland Security Program ( H P) Federal Grant :Award Number: EMW- 01 - -00045 Federal Granting Agency: Department of Homeland Security FEM Grant Programs Directorate Date Federal Grant Awarded to TxDP : September 1, 2013 FDA: 97.067 Grant Period: Freres: Sep 1 f 20 13 To: ]an 31.F 2015 (The SAA must receive a I I i nvoices by the a nd of gra nt peri od ) 7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2013, Public Law 113 -6), and the Homeland Security Act of 2002 (Public Law 107-296),, a amended by section 101 of the Implementing Recommendations of the 9/11 Commission, Act of 2007 (Public Law 110-53). S. Method of Payment: Primary method is reimbursement. I g. Debarment /Suspension Certification: The Sub-Recipient certifies that the sub - recipient and' its contractors /vendors are not debarred� suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/ 10. Agency Approvals Approving TxDPS Official: Signature of TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety 111. S u b- Reci pi ent Acceptan ce I have read, understood and agree to this Sub-Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authorized Bub - Recipient Official: Signature of Sub-Recipient Official: Enter Employer Identification Number (EI N) or DUMB Number: Date Signed Federal Tax Identification Number: DUE DATE: November 4, 2013 Signed Award with Terms and Conditions n -ILISt be returned to SAA_ RA dps.te as.gov on or before the due date. 411 &IN S :110�� s'1 ilk 11 61 :IIIIN101k,6i Instructions: The Sub - recipient shall: -1. Fill in the in forma Yon and sign th e Grant Sub-Recipient ent ward; 2. Certify they have read and understand these Terms and Conditions, 3. Certify to the statements provided in Exhibits A, B, C and D located at the back of this document by filling in contact information and signing all exhibits, and 4. Return all documents via email to SAA—SRA@dps.texas.gov on or before the date provided in the transmittal letter an or in this grant. This Grunt Sub- recipient Agreement (consisting of this 2013 Grant Sub- recipient Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety I Texas Homeland Security State Administrative Agency, an agency of the Mate of Texas, hereinafter referred to as '!D P /THAA, " and the funds recipient: hereinafter referred to as the "Sub- recipient" or "S u b-gran tee.' Furthermore, DP.ITH S SAA a nd the Subs- reciipient are col lectiely hereinafter referred to as the "Parties." This Grant Sub- recipiient Agreement ( RA), or otherwise referred to herein as "this range or "this Agreement", is only an offer until Sub- recipient . returns the signed copy of this Grant on or before the date provided in the transmittal letter and /or in this Grant Sub- recipient Award. The FY 2013 Homeland Security Grant Program (H C P) funding plays an important role in the implementation of the National Preparedness System P by supporting the building, su tainmenta and de live of core capabilities essential to achieving the National Preparedness Goal (NP of a secure and resilient Nation. H CP funding shall be used for statutorily eligible costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support the Nation's Preparedness against terrorist attacks, major disasters, and other emergencies. The Fly 2013 Nonprofit Security Grant Program ( N C P) funding plays an important role in the implementation of the National Preparedness System (NIPS) by supporting the development and sustain ment of core capabilities. Core capabilities are essential for the execution of each of the fire mission areas outlined in the N P. NSGP provides funding u haort statutorily eligible costs to include target hardening and other physical security enhancements and activities to non p rofit organizations t are at high ris of terrorist attach and located within one of the specific Urban Areas Security Initiative ( UA I )- eligible Urban Areas. While this funding is provided specifically to high -risk nonprofit organizations, the program seeps to integrate nonprofit preparedness activities with 'broader Mate and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency pre aredness activities among public and private community representatives, as well as Mate and local government agencies. Sub- recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DP FFH AA. If Sub-recipient issues subawards as art of this Grant project, Sub-recipient ient shal I include and require its su bawa rdees to comply with the p p p J Ip g p y terms and conditions of this Grant. The term "Sub- recipient agreement funds" as used in this Grant means funds provided by DP /THAA under the United Mates Department of Homeland Security (DH � Federal Emergency Management Agency (FEIVIA) grant ro rams (also referred to herein as DHIFEMA). The term "Sub-recipient's funds' or match funds as used in this Grant means funds provided by the Sub-recipient. All allocations and use of funds under this Grant shall be in accordance nZth the FY 2013 Funding Opp oilunity- Announcement (F OA) for the Federal Grant Title specified on this Grant. and such FY 2013 F A is incorporated by reference herein. Sub-recipient shall read, understand and accept the FY 2013 Funding Opportunity.Announcement as binding. Standard of Performa nce. S ub -reci pient shall perform all activities and projects entered i nto the DP FFH AA web -based g rants management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state -level grant administrator(s). Sub- recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhiblts: Assurances — Non - Construction Programs, hereinafter referred to as "Exhibit A" Assurances — Construction Programs, hereinafter referred to as "Exhibit B' Certifications, hereinafter referred to as i' Exhibit " Mate of Texas Assurances, hereinafter referred to as "Exhibit V Failure to Perform. In the went Sub- recipient fails to implement the project(s) entered and approved in the DP/THAA web -based grants management system, or comply with any provision of this Grant, Sub- recipient shall be liable to DP /THAA for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DH /FEMA grant program funds or any other grant program funds administered by DPS until repayment to D PITHAA is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DH /FEMA andJor other grant programs administered by DP. Environmental Review Sub- recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub- recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPSITHSSAA. Timel i nes for the Environmental Plan ni ng and H istoric Preservation EHP) review process wi I I vary based upon the complexity i of the project and the potential for environmental or historical impact. ub -reci ient shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of an activity prior to completion of FEM 's Page 2 OF 18 iEH P review will result in a non -comijl iance findina and DPSITHSSAA will not authorize or release arant funds for non- cOmoliant Sub - recipient, as soon as possible upon receiving its grant award, shall provide information to DPS/THSSAA to assist with the legal ly- required E H P review and to ensure compliance with applicable E HP laws and Executive Orders (E O) currently using the FE EH P Screen n Form OMB u tuber 1 660- 0116/FE MA Farm 024-0-01 and subm itting it, with all supporting documentation, to D P ITH AA for review. These tu ese IEHIP requirements i rements i ncl ude but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11900 — Protection of Wetlands, and EO 12898 — Environmental Justice. Sub- recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 320. Sub - recipient shall not undertake any activity ,from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground d i sturbance, new construction, and mod ifications to bu i Idi ngs. Sub- recipient sh all comply with all mitigation or treatment measu res requ i red for the project as the result of FEMA's E HP review. Any ch anges to an approved project description will require re- evaluation for compliance with EH P requirements 'before the project can proceed. If ground disturbing activities occur during project implementation, Sub- recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub- recipient shall immediately cease construction in that area and notify FE MA and the appropriate State Historical Preservation ffii ce. Funding Obligations A. DPSITHSSAA shall not be liable to Sub - recipient for any casts incurred by Sub- recipient that are not allowable casts. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by aP51TH55AA under this Grant shall not exceed the Total Award Amount listed an the Grant Sub- recipient Award. C. Sub - recipient shall contribute the match funds listed on the Grant Sub- recipient Award. iD. Sub-recipient shall refund to D P/THAA any sum of these grant funds that has been determined by CAPS /THAA to bean overpayment to Sub - recipient or that DPS/THSSAA determines has not been spent by Sub - recipient in accordance with this Grant. No refund (payments shall be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or re uIation. u b -re cip ie nt lent shall male such refund to DP 7H AA with in t in 30 d ays after DP /TH AA re uests such refund g p � � q E. Notwithstanding any other provisions, the Parties hereto understand and agree that D P/TH AA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DP fTH AA "s liabilities hereunder, except as required by the Homeland Security Grant Program HIP). DP /THAA shall not be liable to Sub-recipient for costs which exceed the amount specified in this Grant. Pefformance Period The performance i)erlod for this Grant is listed on the Grant Sub-1 eciyient Award. All cioods and services shall be received within e performance period AND all reimbursement re shall be submitted to DPS/THSSAA within the performance per . Sub - recipient shall have expended all grant funds and submitted reimbursement requests, and any invoiices, in the DPS/THSSAA grant management system by the end of the performance period. DP /TH S SAA shall not be obligated to reim bu rse expenses incurred or submitted after the performance period. Uniform Administrative Reguirements, Cost PrinciDals and Audit Reguirements Except as specifically modified by law or this Grant, Sub- recipient shall administer this Grant through) compliance with the most recent version of all applicable laws and regulations, including but not limited to DH B program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non - exclusive list is provided below. A. Administrative (requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the A-102 Common Rule); 2. 2 C. F. R. Part 2151 U niform Ad mi nistrative Re u i rerments for Grants and Ag reements with I nstitutions of H ig her Ed ucation, Hospitals and Other (Non- Profit Organizations M B ircu lar A -1� 0 3. 44 C.F.R. Part 10, Environmental Considerations B. Cost Principles 1 . 2 C. F. R. Part 225, Cost Pri nciples for State, Local and I ndian Tribal Governments (M B Circular A -87) 2. 2, C. F. R. Part 220, Cost Principles for Education al I nstitutions (0 MB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non - Profit Organizations (OMB Circular A -1 4. 48 C. F. R. S ubpart 3 1 ., Federal Acq uisition Reg ulations (FAR), Contracts with Commercial Organ izations C. Audit Requirements MB Circular A -133, Audits of States, Local Governments and Non - Profit Organizations. D. Grant Guidance (Funding Opportunity Announcement) Sub- recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2013 Funding Opportunity Announcement and supplemental resources for the HSGP currently available at htt s: / /s3 -us- ov- west- l.amazonaws.com /dam- rocluction/u loads /20130723 - 1016- 25045 - 3176/ 2013 hs foa. df and the Nonprofit Security Grant Program NP, Page 3OF18 httr>s:lls3-us-aov-west-l.annazonaws.com/dam-production/uploads/2Ol3O726-1916-25045-08441fv 13 nscip foa final.r)df. DHS SDecific Acknowledgements and Assurances Sub-recipient shall compily with the DH S Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 — Financial Assistance Award Standard Terms and and itions (J a nuary 10, 2011), which is incorporated by reference herein. DI11 S req wires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards J-IttD: //www. d h s. aov/x I i b ra rv/a ssets/cfo -fi n a n ci a I -m a n a a e m ent-DOlicv-manual.Ddf. Sub-recipient acknowledges and agrees, and shall require any sub-recipients, subawardees, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing D S access to records, ,accounts, documents, information, facilities, and staff. 1. Sub-recipient shall cooperate with any compliance review or complaint investigation conducted by DIlS. 2. Sub-recipient shall give D S access to and the right to examine and copy records, accounts, and other documents and sources of information related to this grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DH S regulations and other applicable laves or program guidance. 3. Sub-recipient shal I submit timely, com plete, and accurate reports to the appropriate D HS officials and maintain appropri ate backup documentation to support the reports. 4. Sub-recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. if, during the past three (3) years, Sub-recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, Sub-recipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DH S awarding office and the DH S Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including I invited English proficiency), sex, age, disability, religion, or fami I i al status against Sub-recipient, or Sub-recipient settles a case or matter alleging such discrimination, Sub-recipient shall forward a copy of the complaint and findings to the DH S Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. If Sub-recipient is receiving Operation Stonegarden (OP SG) funds, Sub-recipient is prohibited from obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border ProtectionlBorder Patrol CBPI'BP). Each Operations Order will be transferred via the secure portal (CEP /BP ) BPETS system from each respective A Sector �Q to CSIP/BP HQ in Wash in ton, �D. C., for review and pre-approva for Operational conti nu it y, then forwarded to FERIA GP DiPGD OPSG Program Office for final review/approval. Official notification of approval will be sent by FrEMA via email to DPS/THSSAA and CBP /BP HQ in Washington, D.C. 1 . Sub-recipient shall develop and submit required operational documents through the border area's Integrated Planning Team. 2. Sub-recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of how OPSG funds will be used throughout Sub-recipient's grant performance period. 3. If Sub-recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated PlanningTealm. 4. Sub-recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub-recipient shal I only in itiate tactica I operations after the specific Operations Order(s) are approved throug h the Border Patrol Head q ua r-ters and by F E MA, and t h e D P S/TH S SAA h as i ssu ed a G rant S u b- reci p i en t Award o r GAS, to the e j u ri sd i ct ion. State Rea wire ments for Grants Sub-recipient shall also comply with all other federal, state, and local laws and regulations applicable to thisGrant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter '783, Uniform Grant and Contract Management, State Administrative Agency Information Bulletins, available at http://www.txdr)s.state.tx.us/director staff /saa/information bu I leti ns. htm, Texas Uniform Grants Management Standards (UGMS) at aovernor.state.tx.us/files/state-grants/UGMS062004.docI and the State Administrative Agency Sub-recipient Manual, available at httr>://www.txdr>s.state.tx.us/director staff /saa/documents/subrecir>ientManua Sub-recipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply wiith all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application. i Sub-recipiient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follov�s: 1 1. G rant funds may not be expended for a g ra nt to a law enforcement agency regu lated by Texas Occu pati on s Code, Chapter 1701, u nless the law enforcement agency req uesting� the grant is in compliance with all rules developed by the Comm i ssion on Law Enforcement Officer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be granted to or expended by any entity which performs political poll in' This prohibition does not apply to a poll conducted byan academic institution as part of the institution's academic mission that is not conducted for the benefit of a arts cu I ar candidate or party. Page 4 OF 18 3. Grant funds may not be expended toaun it of local government u nless the fol lowing limitations and reporting req uirernents are satisfied: a. Texas General Appropriations Act, Art. IX, Parts 2 and 3,except there ianorequirement for increased salaries for local government employees; b Texas Government Code Sections 5SGDO4 558005 and55G0OG 2 including not using any money or vehicle to support the candid acy of any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose; and not using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; o. Texas Govern ment Code Sections 2113.O12snd2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Sub-recipient may not use grant funds to purchase sn alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art. IIX, Section 6.13 requiring Sub-recipients to make every effort to attain key performance target levels associated with this grant award, including performance milestones, milestone time f rames, and related performance reporting requirements; and e. General Sections 7.01 and 7.02, and Texas Government Code §21O2.O0@1, including grant funds may only be expended if Sub-recipient timely completes and files its reports. Restrictions and General Conditions A Use HG grant funds may only used for the purposes set forth i this Grant, and shall be consistent with the statutory authority for this Qrant. Grant funds may not be used for match ing f unds for other Federal grants/cooperative agreements, lobbyi ng , or intervention in Federal regulatory oracUudimatoryproceedings. |n addition, Federal funds may not be used to sue the Federal government or any other government entity. B or attempt to influence an officer or employee of any agency, Member of Congress, ffi cer or employee of Congress, employee fm Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, coo ti reement These lobbying pmhibitionm may be found at81U.B.C.§1352. Further, Sub-Recipient u nderstands and agrees that it shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of g ove rn me nt, withou t theexp ressphorw ritteneppmva|ofFEMA. C. Transferrina Funds. Sub-recipient iaprohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG) without apropedyexecotodGAN. D. Federa|emp|oyeesameprohibitedfromnmeminginanycapauity(peidorunpaid)onmnypropoaa| submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Cate There may be limitations on the use of HSGP funds for the categories of costs listed below. For additional details on restrictions on the use of funds, refer to the FY2O13HGGPFC�., Appendix C' Funding Guide1ines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 0. Exercises 7. Maintenance and Gustainmen 8. Critical Emergency Supplies G. Construction and Renovation F. In cases where local funding is established by a COG or an Urban Area Security Initiative (UASI) governing board, the release of funds by DPSITHSSAA is contingent upon funding allocation approval by the governing board. G Notices, notices or communications required orpermitted tobe given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent byovernight courier, such me Federal Express or Long Star, to the other party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub-recipient, see the address listed on the Grant Sub-Reci pient Award page or Point of Contact add ress I isted for the Su,b-reci pient in the DPS/THSSAA Grants Management System (SPARS). DPS/THSSAA Contact Information Deputy Assistant Director Texas Homeland Security State Admin. Agency Texas Department of Public Safety 113.0. Box 4087 Austin, TX 78773-0220 H Within 30 days of any change, change or correction to the chief elected official, program, and/or financial points of contact in the DPG/THG8AA grant management system. ~°"=.18 I. D UN N umber Sub-recipient confirms its Data Universal Numbering Systems (DUNS) dumber is the number listed on this Grant. The DU NS Number is the n ine dig it number established and assig ned by D un and Bradstreet, 1 nc. , at 836/705 -5711 or httyi /fedo�ov.dn b. co miwe bfo rm. J. Central Contractor F eg i stration and U noversal Identifier Requirements. Sub-recipient maintains that it has registered on w .ccr.gov, w ry. sarr.gov /, or other federally established site for contractor registration, and entered DP /TH AA -requ i red information. Sub- recipient shall Deep current, and then review and update the F information at least annually. Sub- recipient shall Deep information current in the R/ AM database until the later of when it submits this Grant's final financial report or receives fina'I grant ward payment. Sub - recipient agrees that it shall not male any subaward agreement or contract related to this Grant without first obtaining the vendor /subawardee "s mandatory DUNS number. See section .210 of OMB Circular A -133, Audits of States, Leal Governments, and Non - profit Organizations. K. Indirect Cost Allocation Plan. Sub- recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant Agency to D PS/THSSAA within 3O calendar days of the a pproval. " ogn izant agency" means the Federal agency ireslponsi ble for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies athttr)://harvester.census.gov/sac/`dissem/asr>/rer)orts.asr>. Unless the basis of the cost plan changes, Su b -reci pient only needs to forward the annua I I ndirect Cost Rate alpproval letter to D P/THAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect ost Plans and approval letters shall be em a i led to V ,, Ad s.te as. goy- . The Sub- recipient name shall be included in the file name and subject line of the email transmittal. L. F er>ortina Taal Comensation of Sub- recir)ien# Executives. 2 C.F.R. 1 70.320; see FEMA Information Bulletin 350. 1. Applicability and what to report: Sub- recipient shall report whether Bub -reci ien# received million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per C.F.F . �I70.320. Sub-recipient shall report t whether 80% or more of 1 p ]� p I? p Sub-recipient's ann ual g ross revenues were from Federal procu rement contracts or Federal f nan cial assistance. If S ub -reci pient answers `'yes" to both questions, Bub - recipient shall report, along with Sub-recipient's DUNS number, the names and total compensation (see 17 C. F. R. §229.402(c)(2)) for each of Su b- recipient's five most h igh Iy compensated executives for the preced ing com ple#ed fiscal year. 2. Where and when to report: Sub- recipient shall report executive total compensation at www.ccr.aov, w ww.sarn.aov/, or other federally established replacement site. By sig ning this Grant, Su b- orecilpient certifies that, if required, Su b- recipient's jurisdiction has already registered, entered the required information, and shall keep information in the CCl/SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub-recipient agrees that it shall not male any subaward ag reement or contract without first obtain i ng the subawardee 's mandatory DUN S nu tuber. IM. Direct, DeDosit. If Sub-recipient has not received HSGP reimbursements from DPB/T'H BAA. within the past eleven (1 1) months (prior to date of award ), i# shall forward a newupda#ed direct deposit form to D PBiTHSSAA. Completed d i rect deposit forms from S ulb- recipient shall be emailed to BAA R F e_dPs.texas. aov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. 'Sample County DD form "). The d irec# deposit form is currently avai I able at Bub - recipient may simultaneously sign up for the Advance Payment Notification ( N)email feature which provides State of Texas payees with a one - business -day advance notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online. N. Procu re ments. Bub - recipient shall comply with all applicable federal, state, and local laws and re uiremen #s, includ ing but not I i mited to proper competitive solicitation processes where required, ired, for an procurement which utilizes federal funds awarded under this Grant in p p p p g ]� p accordance with 44 C. F. R. § 1 3.36. 0. Contract Provisions. Al I contracts executed using funds granted under th is Gra nt sha I I contain the contract provisions I isted under 44 C. F. R. § 13.37(b), U niform Adm i nistra#ive F eq uirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Busyended Parties. Prior to contracting with any vendor or subawardee using funds granted under this ra nt, S ulb- recipient shall determi ne whether the v e nd o r/s u bawa rd ee i s debarred, suspended, proposed for d e b a anent, declared i n e I i g i ble or vole ntarily excluded by any federal department a nd agency and shall confirm the vendor /su bauwairdee does not have any active 'lExclusions' by reviewing the vendor /subawardee entity information at httr)s://www.sam.gov/portal/public/SAM/. Management and Administration. If this Grant includes a specific award of funds to Sub-recipient for management and administration ( A ), Sur-recipient shall comply with all applicable requirements and limitations with respect to M A. For additional information on M A, refer to Information Bulletin 335 located at httl2E11 ww.fema.ccy /a ra n ts/g ra n t- p rog ra m s-d i rectorate- information -bu I let ns. . R. Personnel a Up to fifty percent ,(50 %) of all HBGP awards received by Sub- recipient may be used for personnel and person ne.1- related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act ( Public Law 110-412). 1 n general, use of HP funding to pay for staff and/or contractor regu I ar time or overt, ime /backfill, among other items, are considered personnel - related costs. Sub- recipient may request a waiver to the 50% personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at AAa_dr)s.texas.aov. Requests for waivers shall be submitted on official Bub- recipient letterhead and be signed by an authorized official of Sub- recipient. Waivers shall contain the information required on page g of the FE MA Information Bulletin 379. S. Property Management and Inv entory. At least every two ,( ) years, Bub- recipient shall take a physical inventory and shall reconcile the results with property records. Sub-recipient shall maintain Property /inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal pparticipation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal I and sale rice of the roe See sample inventory record format at p p property. p httr)://www.txdr)s.state.tx.us/director staff /saa /audit and compl iance. htm ) Sub- recipient shall develop and implement a control system to prevent loss, damage or theft of property and Sub-recipient shall investigate and document any loss, damage or theft of property funded under this Grant. T. Publ ications. All publications produced as a result of funding under this Grant, which are subm itted for pub] ication in a ny magazi ne, journal, or trade paper, shall include the following: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the I.S. Department of Homeland Security." U. Acknowledgement of Federal Funding from D H . Sub-recipient shall comply with requirements to acknowledge Federal funding when issuing, statements, press releases, requests for proposals, bid invitations and other documents describing projects or programs funded in whole or in part with Federal funds. Page 6 OF 18 V. Use of DH S. DIPS, and DPS/THSSAA Seals and Non- Endorsement. Sub- recipient shall obtain DH S, CAPS, or DP FTH AA's prior written approval before using any of these agencies' seal (s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. u b- recipient shall comply with re q u i rernents regardirg publications or other exercise of copyright for any work first P roduce under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientifi c, #echn ical, or other copyright work based on or contain i ng data fi rs# produced under this Grant, including those works published in academic, technical or professional journa Is, symposia proceed i ngs, or s m i I a works, Sub- recipient grants the Govern ment a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to P p P p p authorize others to do so, for Government purposes in all such copyrighted works. Sub- recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under this Grant. Further, Sub - recipient acknowledges that FE MA National Preparedness Directorate reserves a royalty -free, non- exclusive, and irrevocable iicense to reproduce, ,publish, or otherwise use, and authorize others to use, for govern ment purposes: (1 the copyrig ht i n any wort developed under an award or sub - award; and () any righ #s of copyrig ht to which a reci pient or Sub- recipient ppurchr aces ownersh i p with Federal support. Sub-recipient agrees to consult with D S TH AA regarding the allocation of an patent rig hts that arise from or are pP P � � � ' p � purchased with this funding. X. Quarterly Performance Reports, Sub- recipient shall submit performance reports and progress reviews per DP /TH AA and /or FEIMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) day after the end of each calendar quarter: January 0, April 20, gully 20 and October 0; or as otherwise specified or required by DPS/THSSAA. DPSqHSSAA may requiire other reports or different timelines to meet federal .reporting dates or to respond to information requests. Failure to timely complete a erformance report will I result in Bub - recipient (being unable to request additional reimbu rsementsladvances and may affect future funding. y � Y. Site Visits. DHS and /or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project accom l ish meats and management control systems and to provide such technical assistance as may be rewired. If a n site visit is made b D H I% the remises of Sub -reci Sub-recipient or a contractor under this Grant, Sub-recipient shall provide and shall require its y P P p P contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. Limited Encilish Proficiency (Civil l ights .Ac# of 1004. Title X I ). Sub-recipient shall comply with the requirements of EO 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guiiidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Sub- recipient shall take reasonable steps to ensure that LEP persons have meaningful access to Sub- recipient's programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Sub- recipient is encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting (programs and activities. For assistance and information regarding LEP obligations, go tohttl2m / /ww .lep.gov. A. Protection of Human Su biects. Sub- recipient sha I I comply with the req uirements of the Federal regu Iations at 45 C. F. F. Part 40, w"hic"h requires that Sub- recipients comply with applicable provisions /law for the protection of human subjects for purposes of research. Sub- recipient shall comply with the requ i rernents in D HS 'Management D irective 020 -04, Protection of Huma n S ubjec #s, prior to i mplementing any work with human subjects. For purposes of 45 C. F. R. Part 40, research means a systematic i nvestiga #ion, in cluding research, development, testing, and evaluation, designed to develop or contribute to general Knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart D); prisoners (Subpart ); and children (Subpart D ). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C. F. F. Part 40. BB. National Flood Insurance Act of 1008. Sub-recipient shall comply wi th the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or Curren #s of water exceeding anrticipa#ed cyclical levels. These regulations are codified at 44 C.F.F. Part 0. CC. USA Patriot Act of 2001. Sub-recipient shall comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §175 -175c. Among other th ings, it prescribes crirni nal pens I#ies for possession of a ny biolog ical agent, toxin, or delivery systems of a type or in a q uantity that is not reasonably justified by a prophylactic, pro phylactic , protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. F estricted persons, as defined b the Act, may not possess, ship, transport, or receive an biological agent o r toxin hat i s listed as a se lect agent. DD. Flv America Act of 1974. Sub - recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. 41 102) for international air transportation of people and property to the extent that such service is available, in accordance with the lunteima# ion al Air Transportation Fai r Competitive Practices Act of 1 974 (49 U. S.C. 40118) and Comptroller General's guidelines. EE. Activities Conducted Abroad. Sub- recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. FF. Traffic) inn Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of the government -wide award term which implements Section 100(g) of the Trafficking Victims Protection Act (T PA) of 2000, as amended U.S.C. § 7104) , located at 2 C. F. R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 1 , November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 100(g) of the TVPA, as amended, requires the agency to include a condition that authorizes t? he agency to terminate the award, without penalty, if the recipient or a sub- recipient: (a) engages in severe forms of trafficking in persons during the F eriod of #i me that the award is in effect; (b) procures a cornmercia'I sex act duri ng the period of ti me that he ward is i n effect; or (c) uses orced labor in the p erformance of the award or subawards under the award. Page 7 OF 1B DPS/THSSAA is authorized to terminate this award, without penalty, if the above condition is violated. Sub-recipient shall include this condition i n any subawards or contracts it ma"kes as a result of #his Grant. Fu I I text of the award/ terra its provid ed at 2 C. F. R. § 175.15. GG. Americans with Di sabil ities Act of 1990. Sub- recipient shall comply with the requirements of Titles 1, 11, and I I I of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, Ipuru blic and private transportation systems, places of public accommodation, and certain testing entities. 42 D.S.C. §§ 12101-12213. IH H. Public Dissemination of Sensitive Information. Bub - recipient shall notify D P/THBAA of any workshops, conferences, seminars or other- public venues at least one hundred ( 100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by ub- recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and prior written approval. 11. Securmly ConcernsNoolatmons. Sub-recipient shall inform the TH AA's Deputy Assistant Director in writing within two calendar days of Sub- recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information. In the event that sensitive information is divulged in violation of Sub-recipient's security procedures, Sub - recipient shall immediately notify the DP/THBAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ. Classified Security Condition 1. No funding under this ward shal I be used to support a contract, sub - award, or other agreement for goods or services that aril I include access to classified national security information if the award recipient has not been approved for that access to such information. 2. `` lassif[ed national security information" as defined in Executive Order E 12958, as amended, means information that has been determined pursuant to EO 12968 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 3. Where an award recipient has been approved for and has access to classified national security information, no funding under this ward shall be u sed to support a contract, sub-awa rd, or other agreement for goods or services that wil I include access to cl assifed national security information by the contractor, sub- awardee, or other entity without prior written approval from the DH S Office of Security, Industrial Security Branch Program (I B P), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. 4. Such contracts, sub - awards, or other agreements shall be processed and administered in accordance with the DH "Standard Operation Procedures, Classified Contracting by States and Local Entities," dated duly 7, 2008: E 's 12820, 12959, 12968, as amended; the National Industrial Security Program Operating Ma nu (H i BP I ); and /or other applicable implementing directives or instruction. All security requirement documents are currently located at: httr2: / /www.dh s /.cv /xopnbiz/grants /index. shtm . 5. Immediately upon determination by the ward recipient that funding under this award will be used to support such a contract, sub - aware, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub -ward, or other agreement, the award recipient shall contact IPB, or the appropriate Federal department or agency, for approval and processing instructions. DHS Office of Security I PB contact information: Telephone: 202 -447 -5346, Email: DD Administra #ive ecujji'dhs.cgov, flail: Department of Homeland Security, Office of the Chief Security Officer, ATT J: A► D /Indurustrial Security Program Branch, Washington, DC. 20525 KK Best Practices for Collection and Use of Personally Identifiable Information (PI I �. Sub -reci pients who collect (Personally Identifiable Information (P 11) shall have a ppub.] ical ly- available privacy p l icy that describes what PI I it collects, how' it uses the PI 1, whether it shares P with third parties, and how individuals may have their IPI.I corrected where appropriate. Sub -reci Sub-recipients may also find as a useful resource the p y P y DHB Privacy I mpact Assessments: ht#r>: / /www.dhs. gov /xlibra ry /assets /privacy /privacy pia �u ida nce iu ne 010. odf and httr2:i /www.dh s.cov /xli brary /assets /12rivacv /crivacv 12ia template. pdf . LL. Hotel and Hotel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 1 U.S.C. §2225(a), Sub-recipient shall ensure that all conference, meeting; convention, or training space funded in whole or in part with Federal funds complies with the fire', revention and control g uidel i nes of the Federal Fi re Prevention and Control Act of 1 074, 15 D.S. C. §2225. MM. False Claims Act and Proa ram Fraud Civil Remedies. ies. u b- recipient shall comply with the requirements of 31 U.S.C. §3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. §3801-3812 which details the administrative remedies for false claims and statements made. N. Du r) lication of IlEenef#s. State, Local and Tribal Bub- recipien #s shall com ply wi th 2 C F Part §225, Appendix A pairagraph ( )( )(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Other Reguirements A. During the performance period of this Grant, Snub- recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Management Plan at the Intermediate Level of pllanning .preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDE I). This may be accomplished by a aurisd action maintain i ng its own emergency management plan or partici pa#i ng in an inter - jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in Bub - recipient's plan, Bub- recipient shall correct deficiencies within 60 days of receiving notice of such deficiencies from TDIEI. B. Projects identified and approved in the D P /THBAA. web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub-recipient shall submit project plans, milestones, outputsJoutcomes, narratives and budget to DPS/THSSAA and FEI IA (if required) for approval prior to upending or requesting advances of any funds for th is Ora nt. Su b -reci pient shal I enter appropriate project mi Ies #ones i nto the DP/THAA web -based grants management system within 00 days after award or by the deadline established by DPS/THSSAA, whichever is sooner. Bub - recipient shall report on project status and accomplishments (milestones and outputs/outcomes) in the format(s) and timeframes as required by DPB/THAA. C. During the performance period of this Grant, Sub- recipient shall: 1. Participate in a legally-adopted county and/or regional mutual aid agreement. 2. 1 mplement the National I ncident Management System (NI MS) i n a man ner consistent with the H I MS I mplementa #ion Objectives Page 8DF18 outlined by FEIVIA at httr>://www.fer-na.aov/imr>lennentation-and-compliance-cluidance-stakeholders#item4. 3. Be specified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized teams/response units equipped and/or trained using grant funds (i.e., hazardous material, decontam i nation, search and rescue, etc.). Th is reg i stration is to ensu re j urisd ictions or org an izatio ns are � repared to make grant funded resources available to other jurisdictions through mutual aid. D. Regional Planning Commissions/Council of Governments (CDGa) shall follow guidelines listed in the DPG/TlHGGAA FY2013 COG Statement of Work. Monitorin Sub-recipient will be monitored periodically by federal, state orlocal entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and otherpmgnam're|ated criteria are met. DPG/THSGAA, or its authohzed rep rementa1ive, reserves the rig htto perfbrm periodic deok/offioe'baaed and/or on'site monitoring of Sub-recipient's oom |iance with this Grant and of the adequmo d timeliness f Sub-recipient's performance pursuant to this Grant. After mon each i�� visit, DPG/TH8G/A shall provide monitoring report motea deficiencies in Sub-recipient's performance under this Grant, the monitoring report shal | include requi ta for the timely correction of such deficiencies by Sub-recipient. Failure by Sub-recipient to take action specified im the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. Audit Aud it of Federa I and State Funds. Su -recipient shall arrange for the performance of an nmnum| finanoim| and! compliance audit offumda received and performances rendered under this Grant as required by the Single Audit Act (OMB Circu|arA — 133; 44 C.F.R. 13-28). 8ub'recipientmhaU comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (0GIWG), the, State Uniform Administrative Requirements for Grants and Cooperative Agreements. Kiaht to Audit. Sub-reci t shall give the United States Department of Homeland Security (DHG)' the Comptroller General of the United States, the Texas State Auditor, D S/TH SSAA, or any cf their duly authorized representatives, access to and the right to cond uct a f i nancial or compliance audit ofgrant funds received and performances rendered under this Grant. Sub-recipient shall oermit DP8/THGGAA or its authorized representative to auditGub'reoipient`s records. Sub'reoipientohmU provide any documents, materials or information necessary to facilitate such audit. Sub-recir>ient 11 s Liability for Disallolved Costs. mL understands and agrees that it shall be liable to DPG/THGGAA for anycosts dima|lowed pursuant to a ny fi nancial or compliance aud it(o) of these funds. Su b-recipient further understands and agrees that reimbursement to DPG/TH8GAA of such diaa||o%wved costs shall be paid by Sub-recipient from funds that were not provided or otherwise made available to Sub-recipient pursuant to this Grant or any other federal contract. Sub-recmp'ent's Facilitation of Audit. Sub-recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section aaDPG/TH8GAA may require ofSub-recipient. Sub-recipient aha|| ensure that this clause concerning the authority toaudit funds received indirectly by subcontractors through Sub-recipient and the requirement to cooperate i's included in any subcontract it mvvmrdm. State Auditor's Clause, Sub-recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit orinvestigation in connection with those funds. Sub-recipient further agrees o cooperate fully with the State Auditor's Dffioe in the conduct of the audit orinvestigation, including providing all records requested. Sub-recipient shall ensure that this clause concerning the State Auditor Off ice's authority to audit funds and the requirement to cooperate fuU *1th the State Auditor's Office ia included in any aubgrantaor subcontracts kt awards. Additionally, the State Auditor's Office shall et any time have access to and the rights toexamine, audit, excerpt, and transcribe any pertinent books, documents, working pmpers, and records ofSub-recipient relating to this Grant. Retention and AccessibilitIt of Records Retention of Records. Sub-recipient shall maintain fiscal records and supporting documentation for all expi�nditures of this Grant's funds pursuant to the applicable OMB Circular, 44 CIFR Section 13.42, UGIVIS §_.42, and this Grant. Sub-recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public obJective, sub mission of the f inal expend iture report, any litigation, dispute, or audit. Records shall be reta ined for th ree (3) yea rs after a , y, i ecall estate or equipment final d'soosition. The DHS or DPS/THSSAA may direct Sub-recipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. Access to Records. Sub-recipient shall give the Uni�ted States Department of �Homeland Security, the ComptrollerGeneral of the United States, the Texas State Auditor, DPSITHSSAA, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Sub-recipient pertaining to this Grant including records concerning the past use of DHS/1FEIVIA furids. Such rights to access shall continue as long as the records are retained by Sub-recipient. Sub-recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Inclusion ir� Subcontracts. Sub-recipient shall include the substance of the Retention of Records and Access to Records section herein [nall 8ub-neciplentahiaUcom plste de|iverto the mpp rop h ate sou nm'mn d reta i n co pi es of a I I after-a cti o n re po rtssnd L%Lal Auth iont assures mnd guarantees that Sub-reoipient the legal authoritytoenterintothiaGnant,neoeke grant funds and topedonn the project Sub-recipient has obligated itself to perform pursuant to this Grant. Authorized Representative. The person or persons signing and executing this Grant on Sub-recipient's behalf do warrant and guarantee ~°9"~1B that he/she has been duly authorized by Sub-recipient onSub-reoipient'a behalf and ho validly and legally bind Sub-recipient to all terms and conditions and performance obligations. Conflicts in Recuirements. If conflict exists between federal, state or local requirements, Sub-recipient shall comply with the strictest Sub-recipi'ent shall give DPSFFHSSAA immediate notice in writing of any action orclaim including any � roceeding before an administrative agency, filed against Sub-recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub-recipient shall furnish immed iately to D PS/`THSSAA copies of all documentation or plead i ngs received 'by Sub-recipient with respect to suchaction or No Liabilitv for EmWovees and Officers �DP8FlHSGAA shall have no liability whatsoever for the actions or omissions ofan individual employed or contracted byGub-recipient, regardless ofwhere the individual's actions or omissions occurred. Non-Waiver of Defaults Any failure ofD enforce or req uire the strict keeping and performance of any provision of this G rant sh all not constitute a waiver of such provision, and shall not affect or impair same or the right of DRS/THSSAA at any time to avail itself of same. A waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writinq Any payment by DPSfTHSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy aval �ble to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. Once nodficat ionhaabeenmndehnwhd any aub t request for f unds ind icates S ub-,recilpient's acceptance of the changes to the award. Any alteration, add ition,or deletion to this Grant �bySub-recipient is not valid. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through en executed Grant Adjustment Notice (QAN). period of performance for this Grant, DPG/THGGAA and/or FEMA may issue o icy directives that serve to establish ,interpretorclarify this Grant's performance requirementm. Such policy directives shall be prom u|gatodbyDPG/THSGAAorFEMA in the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub-recipient as if written in this Grant. Effect of Changes in Federal and State Laws. Any alterations, add[tions, or deletions to this Grant that are required by changes in federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective Upon the date designated by such law or regulation. In the event FEMA or DPSfTHSSAA determines that changes are necessary to th i s Grant after an award has been made, incl udi ng changes to the period of performance or terms and cond itions, Su brebi pient shal I be notif ed of the ch anges in writing. Once notification h as been made, a ny subsequent req uest for f unds will indicate Sub-redi pient's acceptance of the changes to this Grant. HeadinjZs Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect ormodify the terms and conditions or be used to interpret or assist in the construction of this Grant. Menue Venue shall lie in Travis County,'Texas, and this Grant is governed by the laws of the State of Texas. Suspension In the event Sub-recipient fails bo comply with any term of this Grant, DPG/THGGAAmmy, upon written notification to Sub-recipient, suspend this Grant, in whole or in part, withhold payments to Sub-recipient and prohibit Sub-recipient from incurring additional obligations ofthis Gnsmt'sfunds. lermination 1DPSFFHSSAA shall have the riqht to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if 1DP8/THSGAA determines that Sub-recipient has failed to comply with any term of this Grant. DPG/T0GGAA ahmU provide written notice of the termination and include: 1. The nsaaon(e) for such termination; 2. The effective date of such termination; and 8. In the case of partial termination, the portion of this Grant to be terminated. Appeal may be made to the Deputy Director of Homelaind Security, Texas Department of Public Safety. Page 10'~18 Enforcement If Sub-recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or applilcation, a notice of award, or elsewhere, DPS/T.HSSAA or D S may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by Sub-recipient or more severe enforcement action by DPSFFHSSAA or DH; 2. Disallow, that is, deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate this Grant for Sub- recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. In taking an enforcement action, DPS/THSSAA will provide Sub-recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub-recipient is entitled under any statute or regulation applicable to the action involved. The costs of Sub-recipient resu Iting from obligations incurred by Su b-recipient durilng a suspension or after termi nation of th i s Grant are not al lowable unless DPS/TH SSAA or DH S expressly authorizes them i n the notice of suspension or termination or su bsequently. Other Sub-recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs resu It from obligations wh ich were properly incurred by Sub-reci pient before the effective date of suspension or termination a are not in anticipation of it, and in the case of a termination, are inon-cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section , includ inA sus3ension and termination , do not preclude Sub-recipient from being su bject to "Debarment and Suspension" under E.O. 12649. 44 C . F. §1 . 35. Conflict of Interest No employee, officer or agent of Sub- recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a co n fi ii ct of interest: real or apparent, is involved or otherwise creates the appearance of impropriety. Closina of the Grant A. DPS/THSSAA will close a sub-awa rd after receiving Sub-recipient's final q ua rterly performance report indicating that al I approved work has been completed and al I fu nds have been disbu rsed, completing a review to conf i rm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub-recipient is owed add itional funds, D PS/TH SSAA wi I I send the final payment automatically to Sub-recipient. If Sub-recipient d id not use al I the fu nds received, DPSFFHSSAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. Sub-recipient will return the funds to the D PS/T H S SAA with i in 30 d as of receiving the GAN. B. At the completion of Sub-recipient's performance period, DPS/THSSAA will de-obligate all uncommitted / unexpended funds. C. The closeout of this Grant does not affect: 1. D S or DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub-recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub-recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read., understood, and agree to the terms of this Grant. Print Name of Authorized Official Title Sub-recipient Organization Signature of Authorized Official Date Page 11 OF 18 EXHIBIT A ASSURANCES - NON-CONSTRUCTION PROGFZAMS See Standard Form 424E As the duly authorized representative of Sub-recipient, I certify that Sub-recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost ) to ensure proper planning, management and completion of the project decribedl in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine a I I records, boobs, papers, or documents related to the award; and will establish) a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of PM's Standards for a Merit System of Personnel Administration (5 C.F.R. gg, Subpart F). 6. Will comply with all Federal statute relating to nondiscrimination. These include but are not limited to: (a) Title VrI of the Civil Fights Act of 1964 (P. L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) 'Title IX of the Education Amendments of 1972, as amended J20 U.S.C. §1681 -1683, and 1685 -1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of :sex; c) Section 504 of the Rehabilitation Act of 1973, as amended ( g D.S.C. 794), which prohibits discrimination on the basis of handicaps; (d ) the Age Discrimination Act of 1 975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 9-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f the Comprehensive Alcohol Abuse and Alcohol ism Prevention, Treatment and Rehab it itation Act of 1 970 (P. L. 01-616), as amende , relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 90dd -3 and 90ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VI I I of the Civil Fights Act of 1068 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; ( i ) any other nondiscrimination pprovisions in the specific statutes under which agreement for Federal assistance is being made; and,( the requirements of are other nondiscrimination statutes which may apply to the application. q statute( s) y pp pp 7. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Feat Property Acquisition (Policies Act of 1970 (P.L. g 1 -646) which provide for fair and equitable treatment of persons displaced or whose property is acq uired as a resu It of Federal or federal ly- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. S. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. g. Will comply, as applicable, with the provisions of the Davis- Eason Act (40 U.S.C. §§276a to 76a -7), the Copeland Act 40 U.S.C. 5276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §327 -333), regarding labor standards for ederally- assisted construction sub-agreements. 10. Will comply, if applicable, with flood insurance purchase requ i rernents of Section 102 (a) of the Flood Disaster Protection Act of 1973 P.L. 93-234) wh ich requires recipients in a special food hazard area to participate in the prog ram and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. will comply with environmental standards which may be prescribed pursuant to the following: (a ) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 01 -190 as amended by 42 D.S.C. 4311 et seq. and Executive Order E 11 5 14 wh i ch establishes national of is goals a nd roced ores to protect and enhance the environment, i ncludin protection � � � p icy p p gp against natural disasters. To comply with NEPA for DHS grant- supported activities, DH -FEMA requires the environmental aspects to be reviewed and eval uated before final action on the appi ication (b) notification of violati ng facilities (pursuant to EO 11738; (c) (,protection of wetlands pursuant to EO 11990; (d) eval cation of flood hazards in floodpl ai ns in accordance with EO 11 988; (e) assu rance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U. S. D. §§ 7491 et seq. and Executive Order 1173 8) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, (physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking eater Act of 1074, as amended P.L. 03 -523 ; and, (h protection of endangered species under the Endangered Species Act of g � � �� p g p g p 1973, as amended (P.L. 93- 205). 12. Will comply ith the Wild and Scenic Fivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. p y 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1 966, as amended 16 U.S.C. §470), E 11 503 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 974 (16 U. S. D. §§4 69a -1 et seq.). 14. Will comply with P.L. 03 -348, 45 C.F.R. 46, and DHS Management Directive 926 -044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this award. `'R esearch" `imeans a s Kee stematic investi gation, gation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. Directive for add itional provisions for i ncl ud i ng hu mans i n the womb, pregnant women, and neonates (Subpart E); prisoners (u bpart D); and chi Idren (Subpart D). See also state and local law for research using autopsy materials. 15. Will comply with the Laboratory Animal Welfare Act of 1 966 (P.L. 89-544, as amended, 7 D.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Dare and Use of Laboratory Animals and Public Health Service Policy and Government Page 12 OF 18 Principals Regarding the Care and Use of Animals 16. Will comply with the Lead -Based Paint Poisoning Prevention .pct (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and coumplian a audits in accordance with the Single Audit Act . mendrments of 1 996 and OMB Circular No. -133, "Audits of States, Local Governments, and Non- Profit Organizations." 18. Will comply with all applicable re,qu i re unents of all other Federal lags, executive orders, regulations, grant guidance,and policies governing this program. Please fill in a appropriate information and sign to rtif this Exhibit A. Print Name of Authorized Official Title Sub - recipient Organization Signature of Authorized Official Date Page 13 OF 18 EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424[ As the duly authorized representative of Sub-recipient, I certify that Sub-recipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to a the non - Federal share of project costs to ensu re proper lann i n , management and com le#ion of project described in this pay p J � p p p � � � p a agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United Sates and, if appropriate: the State, the right to examine all records: boobs, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency . Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and wil I furnish progressive reports and such other information as may be required by the assistance awardin g agency State. � y or 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1 970 (42 U.S.C. §4728 -4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of PM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Eased Paint Poisoning Prevention Act (42 U.S.C. §§4801 e# seq.) which prohibits the use of lead -based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to (a Title ' I of the Civil Rights hts Act of 1 934 (P. L. 88-352) which rohi bits discrimination on the basis of race, color or national origin; b Title IX of the Education Amendments of 1 972, as amended 0 U.S.C. §§1681 1 603, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended ( 0) U.S.C. §704), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1 975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; e) the Drug Abuse Office and Treatment Act of 1972 (P. L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; � the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P. L. 91-616), as amended, re ating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 191 (42 U.S. C. 90dd -3 and 290ee ), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VI I I of the Civil Fights Act of 1968 (42 U.S. .. §369 �1 et seq. ) a as amended, relatin to nondiscrimination in the sale, rental or financing of housin ; ( i ) any other nondiscrimination provisions in the specific statues under w ich agreement for Federal assistance is 'bei n made; and t o requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply, or has al ready com plied, with the requirements of Titles I I and I I I of the Un iform Relocation Assi stance and Deal Property Acquisition (Policies Act of 197 P.L. 01 -346 which rovide for fair and equitable treatment of persons displaced or whose roe is q', � p � p � ply acquired as a result of Federal and federal ly- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch .Act U.S.C. §§1501-1508 and 7324 -7323) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply as applicable, with the provisions of the Davis -Bacon Act 40 U.S.C. 73a to 276a-7), the Copeland Act (4!0 U.S.C. §276c and 13 U.S.C. 874 ), and the Contract Work Hours and Safety Standards Act 40 U.S.C. 327- 33 regarding labor standards for federally- assisted construction sub-agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1 973 (P. L. 93 -234) which requires recipients in a special flood hazard area to participate i n the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. p p p g p q 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a ) institution of environmental quality control measures under the National Environmental Policy ct of 1 969 L. 91- 190 as amended b 4 U. S. C. 431 �1 et se and Executive y � � y q. Order (E O) 115 14 wh ich es#abl ishes national 1pol icy goals and procedures to protect and enhance the environment, including protection agai ns# natu ral disasters; (b) notifica tion of viol sting facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11 990; (d) evaluation of flood hazards in floodplains in accordance with EO 1 1983; e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management c# of 1972 1 U.S.C. 1451 e# seq.); f comply with the Clean � p 9 p 9 �� py Air Act of 1977: (42 U.S.C. §§7401 e# seq. and Executive Order 1 1733) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical!, physical, and biological integrity of the nation's waters; ( ) protection of underground sources of d rinking water under the Safe Dri nki ng Water .Act of 1 974, as amended P. L. 93-523); and, h protection of ends n erect species under the Endangered Species Act of 1973, as amended P. L. 93-205). 16. Wi ll comply with the Wild and Scen i c Fivers Act of 1 968 (16 U. S.C. §§1271 et seq.) rel ated to protecting components or potential comlponents of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1 966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of Page 14 OF 18 1 974 (16 U.S.C. a -1 et seq ). 18. will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1 996 and OMB Circular No. A -1 33, "Audits of States, Local Governments, and Non - Profit Orqa nizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this program. Please fill in the appropriate information and sign to certify this Exhibit BY if li l r Print Name of Authorized Official Title Sub- recipient Organization Signature of Authorized Official Date Page 15 OF 18 Exhibit Certifications The undersigned, as the authorized official, certifies the following to the best of his /her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any ron for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, ran employee , g or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal lawn, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.. E. If any fu nds other than Federal appropriated fu nds have been paid or will be pa id to a ny person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, Qrant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL Disclosure of Lobbying l Activities, in accordance with its instructions. C., The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub - awards at all tiers (including subcontract, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was laced � p p p when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1 352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such fai lure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Fart 67, for prospective participants in primary covered transactions, as defined at 28 C. F.R. Fart 07, Section 67.510. (Federal Certification). The Sub- recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a Mate or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub- recipients can access debarment information by going to w r,rw.epls. ggy or www.sam.gov and the State Debarred 'vendor List www.window.state.tx.us/r)rocurennent/r>roa/vendor r)erforma nce /debarred. 2. Have not with in a three -year period precedi ng this ag reement been convicted of or had a civil j udgment rendered against them for commission of fraud or a crimin al offense in connection with obtaining, attempting to obtain, or performing a public (Federal, Mate, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not ,presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal, Mate, or local) with commission of any of the offenses -enumerated in paragraph (D)(2) of this certification; and 4. Have not within a three -year period preceding this agreement had one or more public transactions ( Federal, State, or local ) terminated for cause or default; or 5. Where the sub - recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. (Federal ert if i cati o n ) E. The Sub- recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Bulb- recipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub-recipient must comply with 2 C.F.R. Fart 180, Subpart C as a condition of receiving grant funds, and sub - recipient must require such compliance in any sub - grants or contract at the next tier. G. Drug -free Workplace Act, as amended, 41 U.S.C. §701 et seq. — Requires the recipient to publish a statement about its dru -free workplace program and give a co py of the statement to each employee (Including consultants and temporary p ersonnel ) who w be involved in award - supported activities at any site where these activities will be carried cut. Also, place(s) where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occu rs i n the work pl ace. For additional i nformation, see 44 C. F. F . Fart 17. Sub-recipient shal I comply with the re uirements of the Drug-Free - Free Fork lace Act of 1 008, which requires i res that all organizations p y q g p q receiving grants from any Federal agency agree to maintain a drug -free workplace. H. Sub- recipient agrees that It is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance. I. Sub - recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. J. Su b -reci pient understa nds that failure to comply with any of the above assurances may result in suspension, termination or redo ction of grant. funds.. Please fill in a appropriate information sign to certify this Exhibit . Print Name of Authorized Official Title Sub - recipient Organization Signature of Authorized Official Date Page 16 OF 18 =VAF 0 11 _ State of Texas Assurances As the duly authorized representative of Sub-recipient, I certify that Sub-recipient: 1 Sh all comply with Texas Government Code, Ch apter 673, by ensuri ng that no officer, em ployee, or member of the Sub-recipient's af�n overning body or of the Sub-recipient's contractor shall vote or confirm the employment of any officer rson related within the second degree of ity or the thi rd deg ree of consanguinity to any member of the govern i ng body or to any other or employee authorized to employ or supervise such person. This prohibition shall not prohibit the em ployment of a person who shat I have been conti nuously em ployed for a period of two years, or such other period stipu I ated by local law, prior to the election or appointment of the offi cer, em ployee, or governing ody member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub-recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of govern mental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Sh all not contract with or issue a license, certif icate , or permit to the owner, operator, or admin istrator of a facil ity if the Su b-reci pient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall cornyly with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub-recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and sub-recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See U S Section —.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.10 1, which requ ires reporting of al I suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub-recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nond i scrim i nation. These include but are not limited to: (a) Title Vrl of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex- (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabil ities Act of 1990 i nclud i ng Titles 1, 11, and I I I of the Americans with D isability Act which prohibits reci pients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. &§ 12101-12213; Ld) the Age Discrimination Act of 1 974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P. L. 91-616), as amended, relating to the nond iscri m i nation on the basis of alcohol abuse or alcohol i sT;(g) �§523 and 527 of the Public Health Service Act of 1912 (4 U.S. U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality i o' ty alcohol and drug abuse patient records; (h) Title 1111 of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.B.C. §§276a to 276a-7), the Copeland Act (40 U.S. C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and I Real Property Acquisitions Act of 1,970 P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardlless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act ,(5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours Iprovisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that facility to Ibe used in the project is under consideration for I istin g by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified Iby the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality Page 17 OF 18 control measures under the National Environmental Policy Act of 1969 (P. L. 01 -1 g0) and Executive Order (E O) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of pro' ct consistency with the approved state management developed under the Coastal Zone Management Act of 1972 (16 U.S.� §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water u nder the Safe Drin king Water Act of 1974, as amended (P. L. 93-523); and (h) protection of endangered species u nder the Endangered Species Act of 1973, as amended (P. L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), E0 11593 (id entificat ion and protection of historic p rope ties): and th e Archaeological and H i sto ri c Preservation Act of 1074 (16 U.S.C. §§4 69a -1 et seq. . 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially: or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 1 22. Shall comply with all federal tax laws and are solely responsible for fi'ling all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Please fill in the appropriate information and sign to certify, this Exhibit D. Print Name of Authorized Official Title Sub-recipient Organization Signature of Authorized Official Date Page 18 OF 18 N ltH KeltJ►[yI0JiIaJi[0]:L1►1b1tJJi From- The Office of the City Manager Date- 10-14-2013 A Subject: Agenda Item No. C.0 PUBLIC HEARINGS t4ftH K0ltJ►[yl0JilaA[N:L1►1 bill Ji From- The office of the City Manager [date: 10 -14 -201 Subject: Agenda Item No. C.1 TIC 2013-04 Public Hearing and Consideration of amendments to Section 118-875(c) f the code of Ordinances of the city of North Richland Hills, Texas, to limit and regulate electric fences - Ordinance No. 3274 Presenter: John Pit stick, , Di rector of Planning & Development TIC -201 - : Public Hearing and consideration of amending Section 118-875(c) to limit and regulate electric fences — ordinance No. 3274 Staff SummarT. Staff is bringing this revision forward as a result of a recent Zoning Board of Adjustment hearing in which an electric fence was installed several years ago without a permit around the Service King vehicle storage area on Fufe Snow. The electric fence is 10 feet tall with numerous strands of electric wire. The applicant did receive approval from the Zoning Herd of Adjustment primarily because of thel way the ordinance was written. The current ordinance states that "electric fences that are capable of causing harm or death shall be prohibited in the City." The applicant was able to convince the ZBA Board that a direct current fence charged! by a battery would not cause harm or death. It is a consensus of staff that it was the intent f City Council at the time the existing regulations were adopted in 1993 as part of a major update to the original zoning ordinance 1874, to specifically prohibit electric fences for commercial or industrial uses. North Richland Hills does not have a lot of heavy industry or outside storage that would be an attractive nuisance that could not be protected through modern electronic means such as udeo cameras or alarm systems. other than life a safety Tissue, staff also has some concerns over the aesthetic look of any future commercial or industrial electric fencing. Current regulations do allow for security fences of not less than six feat in height to be topped with barbed wire in the C2 and 1 -1 and 1-2 Industrial zoning districts. The proposed text revision would net affect any current commercial and industrial users with the exception of the Service King. The Service Ding business was granted a variance from ZBA and required to reduce the height of the existing electric fence to 8 feet. For the above reasons staff is bringing text revision changes to specifically prohibit electric fences with the exception of livestock in Agricultural and F1 S districts. Staff Recommendation: pproval of ordinance No. 3274. 101]1►F111L[ =1L16 ' ! AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 118-875(c) of THE CODE of ORDINANCES of THE CITY of NORTH RICH LAND HILLS, TEXAS, TO LIMIT AND REGULATE ELECTF IC FENCES; PROVIDING A PENALTY; PROVIDING IDIN FOR E EF ABI LIT ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the natters 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 HEFEAS, 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 forth Richland Hills; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of NORTH F ICHLAN D HILLS, TEXAS : Section 1 : THAT the Comprehensive Zoning Ordinance of North Richland Hills f5 hereby amended by amending Section 118- 875(3)af the North Richland Hills Cade of Ordinances to read as follows: C'Sec. 118-875. Safety. No screening wall or fence shall be constructed or maintained in a manner that endangers the health or safety of the general public. The, following regulations are adopted for public safety- (3) Electric fences. Electric fences are prohibited in the city with the exception of the use of a maximum of four strands of wires no taller than four 4 feet in height for the purpose of controlling livestock within the Agricultural and RlS zoning districts. as Section : Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ,000.00 . Each day any such violation shall be allowed to continue shill constitute a separate violation and punishable hereunder. Section : It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordlin n o are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the sane could have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 4: This ordinance shall be in full force and effect immediately upon passage. F=1' I III 19 17=11 I =1 a] PASSED AND APPROVED on this 14th day of October, 2013. l Was] A'kl101Z40®IN[ :[W=1'1111 :114 am Oscar Trevino, Mayor F_ll 1k d6 Patricia Hutson, City Secretary F.111 U U &GILIVA =11 _ 1191116]0k "AF.1 ►I III IX0.1IIWF George A. Staples, City Attorney John Pit tick, Planning Development Director EXCERPT FROM THE MINUTES OF THE SEPTEMBER 19, 2013 PLANNING AND ZONING COMMISSION MEETING C.1 TR 2013-04 Public Hearing and Consideration of amendments to Section 118- 7 O of the Code of Ordinances of the City of North Richland Hills, Texas, to limit and regulate electric fences — Ordinance No. 3274 John Pitstick came forward stating that this is a text revision brought forward for the electric fence ordinance that has been in effect since 1993. The ordinance has not allowed in any commercial areas to have electri c. fences and states that any electric fence that is capable of causing harm or death are prohibited in the city. Service King had an electric. fence installed years ago, came to get a permit that was not allowed to be issued. Service King went to the Zoning Board of Adjustment that has brought in some clarity. Electric fences are prohibited with the exception of four strands of wires no taller than four feet to control livestock in the Agricultural and R-1-S Districts and no more than one strand to control domestic pets in the single family residential Zoning districts. Chairman Shiflet opened the Public Hearing on TIC 2013-04 and asked if anyone wished to speak on this matter. Seeing none, he entertained a motion. FAW:j 0:191IN =1 611 Steven Cooper motioned to approve TIC 2013-04. The motion was seconded by Bill hopp er. The motion passed (7-0). 1►1-La�1 KeltJ►[yl�Jil�1�i[�]:L1►1�1tJJi From- The Office of the City Manager Date- 10-14-2013 Subject: Agenda Item No. C.2 TIC 2013-05 Public Hearing and Consideration of amendments to Section 118-493 of the North Richland Hills Code of Ordinances and amending the Planned Development regulations - Ordinance No. 3275 Presenter- John Pit stick, Director of Planning & Development TR-2013-05: Public Hearing and consideration of amending Section 118-493 (a), (b) and (d) revising (PD) Planned Development standards — Ordinance Na. 3275. Staff SuimmaM. Text changes are being proposed to the PD (Planned Development) regulations to clarify base district designations and to give discretion to City Council for allowing specific variances with mitigating circumstances. The PD Planned Development Standards were previously updated in 2005 to establish I the Residential Infill Planned Development guidelines. As part of this update all Planned Developments were required to fall under four headings. RD-PD (Redevelopment PD) R-P❑ (Residential PD) NR-P❑ (Nonresidential PD) RI-P❑ (Residential Infill PD) All PD's require a base district designation that refers back to common designations such as C1 2 C2) 07 LR etc. Each PD also has certain requirements, such as fl -1PD only allows development less than 10 acres. Specific changes are being made to the (a) Base District, (b) RD-PD standards and (d) NR-P❑ standards to clarify base district designations and also give discretion to the City Council for allowing variances. The new regulations do not list specific lot and area requirements but only list variances that are pertinent to the actual PD document for a specific tract of land. The previous NR-PD did not allow for variances to the sign or masonry' regulations. The new PD regulations allow for these type of variances which are needed to accommodate the new 75 acre City Point PD. Masonry variances are typically needed on large, institutional buildings and also a large pylon sign is needed to allow for visibility from Loop 820 for the new City Point PD. Staff Recommendation: Approval of Ordinance No. 3275. INI]I►F111L[ =1L16 i AN ORDINANCE AMENDING SECTION 118 -493 OF THE NORTH RICH LAND HILLS CODE OF ORDINANCES AND AMENDING THE PLANNED, DEVELOPMENT ENT F E ULATI NS OF THE COMPREHENSIVE ZONING ORDINANCE TO ALLOW SITE PLANS AND REGULATING PLANS TO GOVERN STANDARDS OVER THOSE OF THE UNDERLYING BASE DISTRICT FOR REDEVELOPMENT AND NONRESIDENTIAL PLANNED DEVELOPMENT DISTRICTS; PROVIDING A PENALTY, FOR E'EFABI LITY FOR PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, , the Planning oniin g Commission has after conducting a public hearing has node its recommendation for the following m ndm nt to the zoning ordinance; and, WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland HilI , Texas has forwarded recommendation to the City Council for amendment of the City's zoning ordinance as set forth herein; and, WHEREAS, notice has been given and pub1ic hearings held as required for amendments to the zoning ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL F THE CITY OF NORTH F ICHLAN D HILLS, TEXA; Section 1. That the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland H ills be amended by amending Sec. 11 - 493(a} through d of the Forth Richland Hills Code of Ordinances to read as follo r : `Sec. 118-493. Development tan d rd . (a) Base District Required. Development standards for each separate PD district shall be those of the base district as modified by the site plan or other regulating plan adopted by the ordinance granting the PD District. No PAD district shah be created except in combination with a base district which shall be identified in the site plan. All PD applications and site plans shall list all requested deviations from the standard requirements set forth rn the base district (applications without this list will be considered incomplete ). (b) Redevelopment FAD districts shal I be limited t nioniresidenitiaIly zoned property with existing structures and may be f any size and shall be I I r d deviations from the base district standards if listed or depicted in a site plan or regulating plan approved by the ordinance creating the P-D district. (c) Residential idential P D districts shall be a minimum of 10 acres in size and shall not be permitted any deviation from base district to nda rd except for access and for lot and area requirements other than dwelling unit size and then only if the maximum density of the base district is not exceeded. No deviation from minimum dwelling unit size or general conditions of base districts }gall be permitted. Site plans may include typical elevations and shall include any restrictions imposed'by council action. (d) Nonresidential residential PD districts slull be limited to new nonresidential and combined residential and nonresidential undeveloped property and shall be a minimum of three acres in size and shall be allowed deviations from the base district standards if listed or depicted in a site plan approved by the ordinance creating the PD district. Residential idential uses in these districts shall not exceed 40% of the total area of the district. Nonresidential PD Districts exceeding twenty acres may contain subdistricts and different standards for subdistricts and may be approved without initial site plans as long as a regulating plan adopted by the rezoning ordinance establishes restrictions for each subdistrict and a procedure for submittal and approval of site plans. �a Section 2. Violations of Chapter 118 of the Code of Ordinances as amended by this ordinance shall be punishable by a fine not exceeding , 000.00. Each day a violation continues shall be a separate offense punishable hereunder. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance} since the carne would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 4. This Ordinance shall be effective immediately upon passage. Section 5. The city secretary is directed to cause the descriptive caption and penalty clauses of this ordinance to be published as authorized by later. PASSED AND APPROVED on this 1 4th day of October, 2013. I Was] M' Is] ;4 9:IN IN :1 wil' I Q1:114 :03 Oscar Trevino, Mayor FIN Ik 9 =63 6 Patricia Hutson, City Secretary Fit :1 :1 &G VA=1I1F'i 'q2fell i1e]Nk "iWil ►IIII I=1 i14kwis George A. Staples, City Attorney F.A1:1=141LIVA =1I1F= Ufa el►1r=1►II John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE SEPTEMBER 19, 2013 PLANNING AND ZONING COMMISSION MEETING C.2 TR 2013-05 Public Hearing and Consideration of amendments to Section 118-493 of the North Richland Hills Code of Ordinances and amending the Planned Development regulations — Ordinance No. 3275 John Pistick came forward stating this was a text revision to our Planned Development regulations. Developments that were Created : Redevelopment PD, Residential PD, Non- residential PD and Residential Infill PD. There are distinctions between each planned, development. The City Attorneys have created a clarification that requires a base district, this removes language limiting deviations to development standards in NR-PD. Prior to this revision it did not allow variances to signs/masonry. Staff is concerned, based on agenda items, that some may need variances to signs or masonry in large PD districts if offsetting amenities are offered. Residential uses are allowed but limited to 40% of PD land area. Text revision would go forward to City Council. Chairman Shiflet opened the public hearing for TIC 2013-05 and asked if anyone wished to speak on this matter. Seeing none, he entertained a motion. rA:j:j 0:191I I=161 Mike Benton motioned to approve TIC 2013-05. The motion was seconded by Kathy Luppy. The motion passed (7-0). I ►1�aCl K0ltJ►[yl0JilaA Is] :L1►1 bill Ji From: The office of the City Manager Cate: 10-14-2013 Subject- Agenda Item fro. C.3 ZC 2013-14 Public Hearing and Consideration of a request from Gagliardi Group, Inc. on behalf of Laverne Butterfield LP, Tex Mail LP and the City of North Richland hland H i I I for a Zoning Change from -1 Commercial to NFL -PC Non-Residential Planned Development for "City Point," an approximately 74-acre mixed -use development located in the 7500 and 7600 block of Boulevard 26 (the former North Hills Mail site and select adjacent parcels); to include amended uses and regulations commensurate with the "C-11" Commercial District, the new City Hall for North Richland Hills, a maximum of 300 multi- family residential units, and other uses - ordinance No. 3276 Presenter: Clairton Comstock, Senior Planner CASE SUMMARY: : agliard i Group, Inc. is requesting approval of a zoning change from "C-1 " ommercial to "NR-PD" Non-Residential Planned Development elopment a.t the former North Hills ICI a I I site located on Boulevard 26 just south of NE Loop 820. The proposed Planned Development zoning would allow for a mix of uses, including Soo multi - family residential units, the new 180 000 square foot City Hall facility, retail, restau rant, office, hospitality, entertainment, and a 1 -acre public plaza open space. This NR-PD is set up very similar to the Town Center and Transit oriented Development elopment TO D Codes with initial approval by the Planning & Zoning Commission and City Council of the PC through a zoning reap with subdistriiots iinicluding detailed regulations. The Development Review ommittee will be responsible for approving final site plans based on these regulations with the exception of the following, which will require P&Z review and City Council approval- • site plans of all buildings facing City Point Drive in the Market District • final approval of the master pylon sign • site plans for to rnhomes in the Metro district only after the rest of the PD is fuller developed The staff report below simply summarizes some of the highlights of the proposed City Point Planned Development. The actual Zoning Booklet is very detailed and can be viewed by clicking on the link below: CLICK HERE To SEE THE CITY POINT ZONING BOOK ZONING IN SAP & SUBDISTRICTS: Similar to NRH's HRH's T D code or the Town Center code, the City Point PLC will have a ``ion i n Maps' (above) that operates like a regulating plan. It breaks the PD up into various subdistricts and identifies specific street types within the development. The five subdistricts include: Market, Metro, Manor, Municipal and Entertainment and one Special Sign District. Market Drs trio t The Market District i designed to be similar to NRH's HRH's Transit Oriented Development elopment Code, where the commercial buildings wit I be built closer to the street, on- street parking and streetscaping will be provided, and the district is more scaled and oriented to the pedestrian. Uses are restricted to limited commercial uses only. The Market District strad�dles the primary boulevard and entrance into the development, City Point Drive, and is thin the most visible and impactful . The Planning on i n Commission will review and City Council wilil approve the final site plan for buildings facing City Point Drive in the Market D i str i ct . Metro District The Metro District triet i on the far west, east and north cornea of the development and is intended to accommodate more eon entiona'I' suburban design and thus adopts "C-1" Commercial as a base district. This provides offices, retailers and restaurants with alternative area and regulations from the more urban Market LEGEND t ii.tlQ� Marcel DIt � E] Mubv aialrict .• IG91 nlapel D "CI ETManirm unt DlssriieL Manor District Metro El open s pem u �I a i' k u 5podal Bign DI&Wct �s +IcwrexT ' ❑ Ru bIi i PmVM Street _ FW4-r @k Sidew211K Nework VICINITY MAP i 3� °24 PD Bmndary UUM -Use Trail ' play, 1 -. � iil�: rt�in�€�� 1 tip, _.,:'• . - ��} • -.r L - - ■.a T7MT 0M1:VH1 r„ DATE `ISSUE 1 M1� yR Market 1 Meft Murildpal ';' ZONING DISTRICT 1 AND STREET MAP k + 1 E Man ¢ A Met ro AN APPROXIMATELY 74 ACRE TRACT IN I HE C: I Y OF NORTH RIICHLAJ.1D MILLS I ARRANT + OVNTY, TES ZONING IN SAP & SUBDISTRICTS: Similar to NRH's HRH's T D code or the Town Center code, the City Point PLC will have a ``ion i n Maps' (above) that operates like a regulating plan. It breaks the PD up into various subdistricts and identifies specific street types within the development. The five subdistricts include: Market, Metro, Manor, Municipal and Entertainment and one Special Sign District. Market Drs trio t The Market District i designed to be similar to NRH's HRH's Transit Oriented Development elopment Code, where the commercial buildings wit I be built closer to the street, on- street parking and streetscaping will be provided, and the district is more scaled and oriented to the pedestrian. Uses are restricted to limited commercial uses only. The Market District strad�dles the primary boulevard and entrance into the development, City Point Drive, and is thin the most visible and impactful . The Planning on i n Commission will review and City Council wilil approve the final site plan for buildings facing City Point Drive in the Market D i str i ct . Metro District The Metro District triet i on the far west, east and north cornea of the development and is intended to accommodate more eon entiona'I' suburban design and thus adopts "C-1" Commercial as a base district. This provides offices, retailers and restaurants with alternative area and regulations from the more urban Market District. The Metro District does adopt many architectural standards that will keep a consistent feel to the development. Townhomes within the Metro District "Single Family Residential idential Attached Dwelling Units," or Townhomes, have been mitten in to be a permitted option in the Metro District east of the i t Hall. The option may only be used in that location only after the rest of the PD is fully developed and only with Site Plan approval by City Council. Manor District maximum of 300 multi - family units will be permitted within the Manor District just southwest of the City Hall property. The development regulations for this district are consistent with those created for the Transit Oriented Development lopment Code. It will therefore be "block-wrap" product with buildings closer to the street and oriented and designed Frith the pedestrian in mind. Municipal District The new City Hall facility will likely be the fiat to break ground in the City Point PD and is to be located in the Municipal District, which is t the terminus of the City 'feint Curie entry from Boulevard 26. The Municipal District adapts the ccu a? Institutional District as a base district, with exceptions to side yard setbacks, landscape setbacks from residential if applicable in the future) and masonry standards. Entertainment District The Entertainment District is more of a flexible, catch-all district designed to attract the best user. It allows commercial and office uses, but I c permit health and fitness centers, theaters, outdoor amusement, hotels, etc. It adopts the 'C -1 as Commercial base district with specific standards for specific outdoor amusement uses. If the developer so chooses, a provision also allows the application of the Market District standards to the Entertainment District. trict. Special Sign District At the northernmost tip of the PCB, across Rodger Line Drive, is m l l vacant parcel of land that is cost- prohibitive to develop because of its size and its location in the flcedpl in . It has been included in the PD as a permitted off -site master pylon sign site for the development. Although no specific standards are provided for the sign iitelf, it will require City Council approval of the sign. PLANNED STREETS: Similar to the Transit Oriented Development Code or the Tern Center Zoning District Cede, specific street cross sections have been designed for the City Point PCB. These cross sections and their locations on the City Point Zoning Map help communicate the intended traffic and pedestrian circulation within the site. GENERAL STANDARDS: Also found within the City 'point PD regulations are standards specific to parking, , signs, landscaping, streetscaping, and open space. Many of these standards were based on similar areas of the TOD and Hone Town zoning districts. r •. k, DEMO VE4R LV4'G4 . , FuqKHf! 7W mw qmf7 PdYPlOK ?w LQIDKMK 6TI C iRANSM3 3- MC (3xm_tt) ;:va LL-L) AO TFL%NWEM14L 3'6R LM Lll HIEYM WEEWAJS Pfmm Lur X F M RAP 5741 n FqF2 EsM C E FMAC E LNG ES' [' PPRNW t orr! EXISTING SITE CONDITION / HISTORIC': The site was formerly the North Hills hall which opened September 12, 1979 and had major additions and renovations in 1985 and 1 993. It, along with other area retailers, was challenged by a massive renovation and expansion of Hurst's forth East Mall in the late 1990s and in the mid-2000s had to close its doors. The mall's buildings were demolished shortly after the demolition permit was pulled on December 28, 2006. The 80-acre site has sat dormant since. PLAT STATUS: The property is currently platted as the Calloway Farm Addition. Replt being proposed with this zoning change establishes a new subdivision name of 9`ity Point Addition's and rearranges internal lot and easement line to prepare for future development. CURRENT ZONING: The area is currently zoned "C-1 "' ommercial. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Retail" for this area. The Retail Land use is intended to permit a variety of retail trade, personal and business services establishments and offices. L- '9-111,1 N: @1111►'1QIL, [ 01 'II'Ll.I AW=1►1110161 North: -1 Commercial & C-2 Commercial West: LR Local Retail & C-2 Commercial South: -1 Commercial & U School, Church, Institutional East: -1 Commercial THOROU H FADE PLAN & ACCESS: The property has frontage on Boulevard 26, Rodger Line Drive and Glenview Drive (via the right -of -way dedication of Ruth Road by this plat). Additional access to Glenview from the site will be accommodated through the existing Frawley and Cagle streets. The City has also acquired property on either side of the entrance along Boulevard 26 to create a ground, landscaped entry into the project. Boulevard 26, or State Highway 26, is designated on the Thoroughfare Plan as a "P6D" 6-lane divided principal arterial managed by T 1DoT. Adequate right-of-way exists for this roadway, therefore none is proposed to be dedicated with this project. Rodger Line Drive is designated as a "C4U" -lane undivided major collector., adequate right -of -moray exists for this roadway as well. Additionally, the current C'Road to the hall" and "Cagle" streets are proposed to be renamed by separate ordinance at the October 14 City Council meeting to `City Point Drive." City Point Drive will extend from NE Loop 820 frontage across Boulevard 26 into the City Point development and pick up Cagle to Glenview. A 110' right -of -ways is being dedicated for this street between Boulevard 26 and the City Hall. A 38' "ring" around the City Hall will also be dedicated public right-of-way. I� i MEN MARKET s+ DIS7RICT PB- 710 -80 SAL •t � 3 � . r.. 91QEWOLL { ENE PARIO HG ZONE i IK; ZONE SINIAriLK ZONE L' a, Lml 2 V uTI:ITY Ea :EM €NT ZTREE STREE' UTILITY E"EMNT IIFir ROW The I I Wright-of-way for Cray Poin t Drive between B oul eve rd 2 6 an d th e ire w City Hall fa cility, as planned through the City Point PD Zoning District MARKET DISTRICT ACCOMPANYING N I N TEXT REVISION: ION: This ease is being accompanied by a Zoning Ordinance Text Revision to the Non - Residential Planned Development (NR-PD) District standards. Specifically} the NR-PD does not allow residential uses within the district, nor does it permit any deviations from the standard requirement for masonry (85%). Th i PD will have Soo units of multi - family and a potential for additional townhomes in the future. The City Hall also will be constructed mainly of masonry, but certain facades will not meet the % requirement. Approval by City Council of the Text Revision will allow the City Point PD to be approved as well. PLANNING & ZON IN COMMISSION: The Planning on in Commission held a public hearing and considered this item at their September 19, 2013 meeting and voted 7-0 to recommend Apr aI to City Council. STAFF RECOMMENDATION: Approval of ZC 2013-14. e _ 'l ICe]►IMF.A1 F1.0 = 1 V F.,10 ; j 00 [s] CC d .1-W6 Rf NE. -00P A 0 7 I -Ole, r Al 't 4 mo :c i ,,, ._ y Rod ger Lih& Dr 'Oe 4r ' - ■ I b 7m 4r ;6, Iff f K. 4W,- rr F Re m 41 a 46 PM, sp 41 > c 4 - M46 -MEER, p !4!p 16 IMP MEW jW .6 q I Zrl G I e n �npWAD :2: a] :1 =1AWK91TA►I =1A'k,161101a19YA1101 H NOTICE OF PUBLIC HEARING d' z CITY OF NORTH RICHLAND HILLS Jt �y PLANNING AND ZONING COMMISSION TFX'S AND CITY COUNCIL Case Numbers: ZC 2013 -14 Applicant: Gagliardi group, Inc. on behalf of Laverne Butterfield LP, Tex Mall LP and the City of North Richland Hills Location: 1500 & 7600 blacks of Boulevard 26 You are receiving th i notice because you are a property owner of record within. 200 feet of the property shown on the attached map. Purpose of Public Hearing: Public Hearing is being held to Consider a request from Gagliardi Group, Inc. on behalf of Laverne Pult rfi ld LP, Tex Ma.11 LP and the City of North i i hlaad Hilts for a Zoning h n e from C-1 Commercial to NR-PD Non-Residential Planned Development for a: ity Point,r" an approximately 74 -acre mixed -rise development located in the 7500 and 7600 block of Boulevard (the former North Hills Ma I l site and select adjacent parcels); to include amended uses and regulations com mere u rate with the ;` - V Commercial District, the new City Hall for North Richland rid H ills, a maximum of 300 multi-family residential u n its, and ether uses- Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, SEPTEMBER 1 , 201 CITY COUNCIL 7;00 PM MONDAY, OCTOBER 14, 201 Both Meeting Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH TH RICHLAND HILLS, TEXAS If you have any questions or wiish to submil a petition or letter concern in the above request, please contact-, Planning Department - City of forth Richland nd Hills 7301 Northeast t Loop 820 North Richland Hills, Tees 76 180 Phone (81 7) 427 -6300 Fax ( 1 7) 427 -0 4 IN a► [all IIaI=11l;1 Zia] ;I =1AWASTA►I=1: � 1731 Holdings LLG Tsaa -225 Linn iced Partnership ncor Electric De I i r Co L L 4112 E 98th St 301 S She rnma n St Ste 100 State & Local Tax Dept Tulsa Ok 74137-4807 Richardson Tx 7 OB 1 -4176 PO Pox 219071 Dallas Tx 75221-9071 McKenzie, Kenneth & Y V Eta I Darrow, Kerr Etux Cheryl Darrow Herndon, Wayne L C.iCi Cynthia Spenoer Edward Doris Hahn Trust � � �� 462206 P Bo 1806 8 1 the elro od Dr a rla nd T �� -� o li�e�r�ri I la T 76034-1806 Hurst T -�4 Herndon, Wayne L Midas Realtor Dore La "erne Butterfield LP Cool Air Teal Estate Accounting Dept E D He Hahn Tr�a at 7502 rl Ea I e-j a rd e1 00 N rl Heights Fed 1 �� Overland Ave R H Tx 76180-8318 Itasca 1160143-3174 Culver It�r D 90230-4914 Richland Hills Methodist Ch Brinkley, Michael Hahn, Edward Doris Est Edward Doris Hahn Trust _ r 301 [envi w Dr PO Box 820711 7500 Windswept Trl Fort Worth Tx 76180-3337 Fort Worth Tx 76182-0711 o IIeyvi I le Tx 76034-7007 St John The Apostle Ch Fora Fealty Ltd Hahn, Edward EtLix Cori E D He Hahn Tr�a at 0 Lloap 0 P Bay �� '19702-24,92 7500 Windswept TrI Fort Worth Tic 76108-2936 Midland T o l l e y v i I I Tx 76034-7007 Aiken Partners LLD Etal Northeast M d & Surg Clinic Robb. Mary M 140 W Eldred St Ste 100 7601 Glenvi.ew Dr 4108 Cagle [fir Burleson Tx 76028 -4282 Fort Worth Tx 76180-8331 H F H Tx 76180-8332 Columbia N Hills Ho p ,dub LP Texas Hap Holding LP Marina Acla LL Ha Indirect Taxes % Tee Mere Lp, Renee D��i P Box 1 0 Meridian Bl�,+d t 5150 Overland Ave Ha shvl 11e Tn 87202 -1 504 Franklin Tn 87067 -8388 Culver ity Ca 90230 -491 hing Long Invest Ltd Sri Teal Etz>tate Propertie5 LLC D' rp Funding 2DO 1 -A LP 7586 Boulevard 26 300 Johnny Bench Dr Ste 800 PO Box 1871 NRH Tx 76180 -8818 Oklahoma City Ok f 8104 -2471 Orlando FI 32802 -1 671 Tex Mall LP Mob 139 of Texas LP Corral Group Inc 5150 Overland Ave ttn Michael Kest 3000 Meridian Blvd Ste 200 3318 Forest L n Ste 200 Franklin u I�� r ity a �� -�1 � Tn 707 -88 Dallas T 74 -7784 Texas, State of Narayabdas Inc Name Brands Inc 2501 SVV Loop 820 7716 NE Loop 820 7215 S Memorial Dr Fort Worth Tx 76133-2300 Fort Worth Tx 76180-8303 Tulsa Ok 74133-2943 LIST OF NOTIFIED PROPERTY OWNERS (CONT.) Wilshire State Bank Zs associates LLG Pointbank 3200 VVI hre Blvd 4838 Jenkins Ave FAO Box 278 L os Angeles Ca 9001 0 -1333 North Charleston Sc 29405-4616 Pilot Point Tx 76258 -0278 B re rnont Pavilion Mdstr f ist LP 4110 N Scottsdale Rd Ste 200 Scottsdale Az 85251 -3635 deh Properties Inc PO Box 170609 Arlington Tx 76003 -0609 Urre nt Ovvn er !current Owner 4166 VVII Irma n Ave 4164 Willman Ave N Hr TX 6180 NR H, T 761 BO Waffle House Inc PO Box 6450 Norcross a 30091 -0000 ORDINANCE No. 3276 ZONING CASE ZC 203 -14 AN ORDINANCE, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE of THE CITY OF NORTH TH F I+ HLAND HILLS; AMENDING THE ZONING MAP of THE CITY of NORTH IIH LAN D HILLS, TEXAS, AND REZONING A 74-ACRE TRACT of PROPERTY T' FROM "C-11" OMM EF IAL To "N -P ll)" NON-RESIDENTIAL PLANNED DEVELOPMENT ENT ZoNIN G; ADOPTING A REGULATING LATIN PLAN; ESTABLISHING PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning ommi ion was sent to real property owners within Zoo 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 newspaper of general circulation in the City at least 15 days before such hearing; arid, 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 opinions that the zone change herein effectuated furthers the purpose of Zon ing as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizen of the City of North Richland Hi II; Not, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY of NORTH F I HLAN D HILLS, TEXAS : Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning ordinance and the Zoning reap of the City of forth Richland lard H it I are hereby amended b rezoning a 74-acre tract of land located in the 7500 and 00 blocks of Boulevard in the City of North rth l ich la n d Hills, Tarrant County, Texas, more particularly described on Exhibit aEbereto, from "C_ " Commercial to "NR-PD" Ton - residential Planned Development zoning and establishing scab- districts, permitted uses, development regulations, a subdistrict reap, street sections, and deviations set out in a regulating plan entitled "Planned Development Zoning Booklet" for "City Point" made a part hereof and included herein as Exhibit B. Section : Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordi name as amended hereby shall be deemed guilty of a misdemeanor and upon final convictions thereof fired in are amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to confinue shall constitute a separate violation and punishable hereunder. Section : 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. Fil�I III 1i *XolZI17=11►I=111 PASSED AND APPROVED on this 14th day of October. Iwas] S Ll 101 Z4 0 ME111111:11930011 W=l'I III moll 4 Oscar Trevino, Mayor F111196 Patricia Hutson, City Secretary F.&1 U U &GILIVA =1 I s 1197191 ZI k "A Fs1► I III I X67=141 Ins George A. 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IrV Cd .4l i OW eoM�L.P41f 5HPHW)4�r k*ceuk Ou sehrr PjA R r*w'pu*w WmfC T42-CG Ko-017-civ "p-p 11-H ie nd� L-A 1. bkd N. � r*-vl� br�",51%54 k� w NA "dw,� :k-p WC 0 %S �.d � fhbp� L4~ =6-.� i5p:mlEAbM`lLr ,,=dA n 'ff WL U I =M= lxr 47. va d � WA %I k d4p I* ip L M469 o4!19 �lh kfr-Lr �r �rWd -M-DI 42llDhvLcw'q mid m 9"wL6vgTlwt L fflul-MA& s �M Emp Inc o ow Dp r 1re� cemodwLrmo&Wce 1rax N�WWL ZONING EXHIBIT CITY POINT ADDITION 74-139 ACRES OUT OF THE WILLIAM W. WALLACE SURVEY, ABSTRACT NO. 1606 BEING A REVISION OF LGT 1R, BLOCK A, LOT 1R. BLOG9 B, LOT 1R. BLOCK C. LOT 1 R BLOC K D AND LOT I Rl, BLOC K J. CALLOWAY FARM ADDITION OCTOBER 201-u % L11 fIN 0 =1101 ;& d *A.A,1[:-%! _ %? Le WHEREAS, the CITY of NORTH F ICHLAND HILLS, MARINA ACLA, LLC AND LA VE1 NE E UTTERF I ELD, LP, are the sole owners of 74.139 acres of land located in the WILLIAM W. WALLACE E SURVEY, Abstract No. 1 600, according to their respective deeds recorded in County Clerk's File Nos. D 1 3254390, D 130 '0024, D 1 3022638, D2130187551 D 05 020508, D205028590, and D213022633, of the Deed Records of Tarrant County, Texas, and being comprised of Lot 1 R. Block A; 'Lot 1 R, Block B; Lot 1 R, Block ; and Lot 1 R, Block D, CALLOWAY FARM ADDITION, to the City of North Richland Hills, Tarrant County, Teas according to the plat recorded in Volume 388-186, Page 78, of the Plat Records of Tarrant County, Teas, and Lot 1R1, Block J, CALLOWAY FARM ADDITION, to the City of North Richland Hills, Tarrant County, Texas according to the plat recorded in County Clerk's File No. D213073431 , of the Plat Records of Tarrant County, Teas, and including a portion of Rodger Line Drive a0' vide pu bl is right -of -via) as ded icated by the deed recorded in D 194254014 of the Deed Records of Tarrant County, Teas. Said 74.139 acres being more particularly described by metes and hounds as follows: 4 =Icyll 0D1* :41 IA11107► BEGINNING at a 2" iron rod marked "Brittain & Crawford", set at the North corner of Lot 1 R1 r Block ,.I, CALLOWAY FARM ADDITION to the City of North Richland Hills, according to the plat recorded in D 1:07 4; 1 of the Deed Records of Tarrant County, Texas, said point lying in the Southeast right -of -way lire of State Highway No. 26 (Boulevard 0), and said POINT OF BEGINNING being the West t corner of Lot 1 Rya Bloch A, of said CALLOWAY FARM ADDITION; THENCE S 4 ° 7' 4" E 199.10 feet, along the Northeast boundary I ine of said Lot 1 R 1, Block J, and the Southwest boundary Ii ne of sa id Lot 1 R2. B loch J, to a "P " na it fou nd at the East corner of said Lot 1 R 1, Block J r and the South corn er of said Lot 1 R , B loch J; THENCE along the Southeast boundary line of said Lot 1 R 1 and Lot 1R2, Block J of said ALL 'u AY FARM ADDITION and the South boundary line of Lot 2, Block J, CALLOWAY FARM ADDITION to the City of North Richland Hills according to the plat recorded in Cabinet Ap Slide 2189 of the Plat Records of Tarrant County, Teas and the Northwest boundary line of Lot 1R, Block A ALL AY FARM ADDITION to the City of North Richland Hills according to the plat recorded Volume 388-186, Page 78 of the Plat Records of Tarrant County, Texas as follows: 470 36 16" E 4.70 feet, to are L9 PP cut in concrete found at the beginning of a curve to the left; 2. NORTHEASTERLY 1 77.35 feet, along said cure to the left having a radius of 469.00 feet, a central angle of 21' 40'00", and a chord bearing of IN ' 46' 13" E 176.30 feet, to a 1 " iron rod found at the end of said curve; 3. N 25`56' 14" E 315.01 feet, to a 1/2 iron rod marked "Brittai n & Crawford ", set at the beginning of a cure to the right; 4. NORTHEASTERLY . 5 feet, along said curve to right having a radius of 251.00 feet, a central angle of 17' 0' 4" and a chord bearing N 34' ' 7" E 76.25, feet, to a 12" iron rod found at the East corner of said Lot 2, Block J; THENCE N 41) " 0 " W 32.27 feet, alo ng th a Northeast boundary I i ne of said Lot 2, Block J, to a n iron rod found with an aluminum cap stamped "RPLB 4873" at the North corner of said Lot 2, Block J, and said point lying i n the Southeast right-of-way line of aforesaid State Highway No. 0; THENCE N 47 46' 21 " E 83.10 feet, along the Southeast right -of -way I i ne of said State Hig h a No. 26, to a V iron rod found at the Southwest corner of a tract of land conveyed to the State of Texas for additional right-of-way for said State Highway No. 26 according to the deed recorded in Volume 10507, Page 190 of the Deed Records of Tarrant County, Teas; THENCE N 52) 17" 17 " E 1 60.08 feet, along the Southeast boundary line of said State of Texas Tract and being the Southeast right -of -way line of said State Highway No. 26 to an iron rod found with are aluminum cap stamped "RPLB 4073"'. said point lying at the intersection of the Southeast right-of- way line of said State Highway No. 26 with the Southwest right-of-way line of Rodger Line Drive a 70 foot vide public right -of -way) according to the deed recorded in Instrument No. D194254014 of the Deed Records of Tarrant County, Teas; THENCE along the Southwest right-of-way line of said' Rodger Line [give as follows: 1. SOUTHEASTERLY 77. 83 feet, along a curve to the left having a radius of 467.10 feet, a central angle of 00° ' 0 ", and a chord bearing B 0° 14' 18" E 77.74 feet, to an iron rod found with an aluminum cap stamped "RPLS 4873x, at the end of said curve; 2. B 55c' 00' 18" E 302. 58 feet, to a point; THENCE N ° 00'28" E at Og. 35 feet, passing the South corner of Lot 1 Block H, CALLOWAY FARM ADDITION to the City of North Richland Hills, according to the plat recorded in Instrument No. D-194246388, of the Plat Records of Tarrant County, Teas, and in all 169.35 feet, to a point Ding in the Southeast boundary line of said Lot 1, Block H; THENCE N 530 58'29" E 143.09 feet, to a point lying at the East corner of said Lot 1, Block H, and said point being the North corner of a tract of land identified as 'Tract 11, in the deed to La Verne Butterfield, L.P., recorded in Instrument No. D205028590, of the Seed Records of Tarrant County, Texas, THENCE SOUTHEASTERLY 1 25.40 feet, along a curve to the right having a radius of 429.00 feet, a central angle of 16' 4' 51 ", and a chord bearing of B 0° ' " E 124.95 feet, to a point at the end of said curare; THENCE B 02" 0' 00" W 225.01 feet,, a long the East boundary I i ne of said La Verne Butterfield Tract, to a point lying at the beginning of a curve to the left; THENCE SOUTHEASTERLY 401.09 feet, along said curve to the left having a radius of 571.00 feet, a central angle of 400 19' ", and a chord bearing S 10° 04' 0" E 39165 feet, to a 1/2" iron rod ,narked "Britta in & Crawford" , set at the end of said curve; THENCE B 380 00' 41" E 32.43 feet, to a 12" iron rod marked "IBrittain & Crawford ", set at the most Easterly corner of said La Verne Butterfield Tract, and said point being the North corner of Lot 1, Block K CALLOWAY FARM ADDITION to the City of North Richland Hills, according to the plat recorded in Cabinet A, Slide 11807 of the Plat Records of Tarrant County, Teas; THENCE B 51 ° 0' " W 54.85 feet, along the Northwest bou ndary I in a of said Lot 1 Block I 1 and the Southeast boundary line a of said La Verne Butterfield Tract to an iron rod found with an aluminum cap stamped "F PLB 4873 "r said point lying i n the East boundary line of aforesaid Lot 1R, , Block A, CALLOW CALLOWAY FARM M ADDITION; THENCE SOUTHWESTERLY along the Northwest boundary line of said Lot 1, Block M, and the East right-of-way line of Cagle Drive (a proposed 30 foot wide public right -of -way) as follows: 1. SOUTHWESTERLY 266. 89 feet, along a curve to the right having a radius of 456. feet} a, central angle of ° 0' 4 ", and a chord bearing S 02' 7' " W 263.10 feet, to a 12" iron rod marked "Brittai n & Crawford ", set at the end of said curare; 2. S 190104'31" ' 1 9.90 feet, to a 2" iron rod marked `°Britta in & Crawford" set at the beginning of a curve to the left; 3. SOUTHEASTERLY 31.42 feet, along said curve to the left having a radius of 20.00 feet, a central angle of 0' 00' 00 ", and a chord bearing B ' 1' " E 28.28 feet: to an "X" cut in concrete found at the and of said curve, said point lying in the Southwest boundary line of said Lot 1, Block M and being the Northeast right-of-way line of city Point Drive (a proposed variable width public right -of- gray); THENCE SOUTHEASTERLY along the Southwest boundary line of said Lot 1, Block M, and the Northeast right -of -gray line of said proposed City Point Drive as follows: 1 SOUTHEASTERLY 279.77 feet, along a curare to the right having a radius 526.50 feet: a central angle of 0° 0' 46", and a chord bearing S 55' ' 10" E 276.49 feet, to an iii" cut in concrete found at the end of said curve, and at the beginning of another curve to the right; 2. SOUTHEASTERLY 658.18 feet, along said curve to the right having a radius of 942.77 feet: a central angle of 40' 00' 00 ", and a chord bearing B 0° 4' 47" E 644. feet, to an "X" cut in concrete at the end of said curve; THENCE S 000 4' 47" E 80.00 feet, to an "X" cut in concrete set; THENCE B ° ' 08,E 30.00 feet, to a 2" iron rod marked "B rittai n & Dra ford " a set in the West right -of -way line of said proposed' City Point Drive, THENCE S 890 ' 08,E W 10.100 feet: to a 12" iron rod marked "Brittai n & Crawford", set in the East boundary line of Lot 5, Block A, CALLOWAY CALL FARM M ADDITION to the City of North Richland Hills according to the plat recorded in Volume 388-138, Page 17 of the Plat Records of Tarrant County, Texas; THENCE N 000 24' 47" W 0.11 feet, along the West right -of -gray I ine of said proposed city Point Drive and the East boundary line of said Lot 5 Block A, to a 2" iron rod marked "B rittain & Crawford ", set at the Northeast corner of said Lot 5" Block A, and said point lying in the South boundary line of a tract of land identified at Tract III in the deed to La Verne Butterfield, L.P. by the deed recorded in Instrument No. D205028589 of the Deed Records of Tarrant County: Teas; THENCE S 890 5' 08" W 695. 86 feet, along the South boundary line of said La Verne Butterfield Tract and the North boundary line of Lot 5, Block A, and Lot 6, Block A, and a tract of land conveyed Michael Brinkley by the deed recorded in Volume 1 2970, Page 245 of the Deed Records of Tarrant County, Texas, to a 1/2" iron rod ,narked "Britta in & Crawford". set in the East right-of-way line of Frawley Drive a 0 foot pride public right -of -gray) as dedicated to the City of North Richland Hills accord ing to the deed recorded in Volume 4423, Page 602 of the Deed Records of Tarrant County, Texas; THENCE N 00° 27'59" W 276.62 feet, along the East right-of-way line of said Frawley Drive and the lest boundary line of said La Verne Eutterfield. Tract to a 2" iron rod marked "E ritta in & Crawford". set at the most Easterly Southeast corner of aforesaid Lot 1 R, Block B, CALLOWAY FARM ADDITION; THENCE S 89' ' 09" 467.20 feet, al ong the South bou ndary I i ne of said Lot 1 R, Block B,, and the North boundary line of Lot 1, Block D, CALLOWAY FARMS, according to the plat recorded in Volume me 380 -141, Page 56, of the Plat Records of Tarrant County, Texas, to a 1/2" iron rod ,narked "Brittai n Crawford" set at the Northwest rest corner of said Lot 1, Block D, being the Northeast corner of a tract of land'. identified as Tract IV in the deed to La Verne Butterfield, L.P. by the deed recorded in Instrument fro. D205028589 of the Deed Records of Tarrant County, Texas; THENCE S 00c26'04" E 417.80 feet, along the West boundary line of said Lot 1, Block Dr and the East boundary line a of said 'Tract IV to a ' %" iron rod marked "Eritta in & Crawford" set at the Southwest corner of said Lot 1, Block D, and the Southeast corner of said Tract IV, and said point lying in the North boundary line of Lot 1, Block G, CALLOWAY FARMS ADDITION, to the City of North th Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3, of the Plat Records of Tarrant County, Texas; THENCE S 800 7' 12" W 671.37 feet, along the South boundary line of said Tract IV, and the Forth boundary line of said Lot 1. Block G, to a 2" iron found at the Northwest corner of said Lot 1, Block G. and lying i n the East boundary line of a tract of land identified as Tract Two in the deed to the City of Forth Richland Hills according to Instrument No. D213022638 of the Deed Records of Tarrant County, Texas; THENCE S 00`2257" E 303. 83 feet, along the East boundary line of said City of North Richland Hills Tract and the West boundary line of said Lot 1, Block G, to are "X " cut in concrete found in the Southwest corner of said Lot 1, Block G, said point lying in the North right-of-way line of Glenview Driver THENCE S 000 7' 4" W 40.05 feet, to an "X " cut in concrete set at the Southwest corner of said City of North, Richland Hills Tract and the Southeast corner of a tract of land conveyed Richland Hills Methodist Church by the deed recorded in Volume 2650, Page 247 of the Deed Records of Tarrant County, Texas; THENCE N 00° ' 7"' 303.07 feet, along the West boundary line a of said City of forth Richland Hills Tract and the East boundary line of said Richland Hills Methodist Church Tract to a 2" iron rod found at the Northeast corner of said Richland Hills Methodist Church Tract, being the Southeast corner of a proposed gas well pad site; THENCE N 00° 7' 51 " W 525.00 feet, to a point at the Northeast corner of said proposed gas well pad site; THENCE S 89' ' 00" W 480.61 feet, along the North boundary line cif said proposed gas well pad site to a point lying at the Northwest corner of said proposed gas well pad site, said point lying in the East boundary line of a tract of land conveyed to Oncor Electric Delivery Company, LL C, by the deed recorded in Volume 1 047, Page 1109, of the Deed Records of Tarrant County, Texas; THENCE N 00° ' 0" W 480.10 feet, along the East boundary line of said Oncor Electric Company Tract to a concrete TESCO ,monument found at the Northeast corner of Lot 10, Block 1, ED LEY ADDITION, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 380 -140, Page 11, of the Plat Records of Tarrant County, Texas, and said point lying in the Southeast right -of -gray line of aforesaid Mate Highway fro. ; THENCE along the Southeast right-of-way line of said State Highway No. 26 and the Northwest boundary line of said La Verne Butterfield Tract as follows: 1 N 47 39'42" E 413.12 feet, to an "X " cut in concrete set at the beginning of a curve to the right; 2. NORTHEASTERLY 33.48 feet: along said curve to the right having a radius 250.00 feet: a central angle of 07° 40' 29", and a chord hearing N 51' g' 50" E 33.46 feet, to an "X' cut in concrete set at the end of said curve; THENCE S 42" 51'35" E 41.46 feet., to a "PK" nail set in the Southwest boundary line of Lot 1, Block E, CALLOWAY FARM ADDITION to the City of North Richland Hills, according to the plat recorded in Cabinet A. Slide.21590 of the Plat Records of Tarrant County: Texas; THENCE along the Southwest boundary line of said Lot 1, Block E, as follows: NORTHEASTERLY 11.22 feet, along a curve to the right braving a radius of 200.50 feet, a. central angle of 03' 12' " , and a. chord bearing N 74° 41' " E 1 1.22 feet, to a "P" nail, set at the end of said curve;. 2. N 76' 15'24" E 261.04 feet, to a 1/2" 2" iron rod marked "B rittai n & Crawford", set at the beginning of a curve to the left; 3. NORTHEASTERLY 99.70 feet, along said curare to the left having a radius of 199.50 feet: a central angle ° 7' 0 ", and a chord bearing N 1' 7' 18" E 98.66 feet, to a "PK" nail set at the end of said curve-, 4. N 48` 0' 4" E 23.06 feet, to a 1/2" 2" iron rod marled `°Britta in & Crawford", set at the East corner of said Lot 1 a Bloch E, and said point being the South corner of a tract of land conveyed to the City of North Richland land H i I Is by the deed recorded in Instrument No. of the Deed Records of Tarrant County, Texas; THENCE N 42c23'46" W 186.72 feet, along the Northeast boundary line of said Lot 1, Block E and the Southwest boundary line of said City of North Richland Hills Tract to an "" cut in concrete set at the most Westerly corner of said City of North Richland Hills Tract, and said point lying in the Southeast right - of -gray line of aforesaid Mate Highway No. r THENCE N 470 ' 14" E 171.76 feet, along the Southeast right-of-way line of said Mate Highway No. to a 1/2" iron rod ,Harped "B ritta in Crawford", set in the Northwest boundary line of the aforesaid Lot 1 R1 a Block J, THENCE N 420 ' 46" W 1 2.00 feet, to a 2" iron rod marled "B ritta in & Crawford" set; THENCE N 470 ' 13" E 81.48 feet: to the POINT OF BEGINNING containing 74.139 acres of land. V Y �'' � I I b„ EXCERPT FROM THE MINUTES of THE SEPTEMBER 1, 201 PLANNING AND ZONING COMMISSION MEETING +. ZC 2013-14 Public Hearing and Consideration of a request from Gag1hardi Group, Inc, on behalf of LaVerne Butterfield LP, Tex Mall LP and the City of North Richland Hills for a, Zoning Change from -1 Commercial to NR-PI) N n- F id ntiaJ Planned Development for "City Point.," an approximately 74-acre mixed -use development to at d in the 7500 and 7600 block of Boulevard 26 (the former North Hills Flail site and select adjacent parcels); to include amended uses a nd r g u I ati o ns com m en s u rate with the `c C -1 " Cori me rc i a l [distr i ct, the new C ity Hall for North Richland hland H i I I, a maximum f 300 multi-family residential units, and other uses Deborah Gagliardi, 5712 Cherrywood Lame, Arlington carne forward, owner of Gagliardi Group on behalf of Laverne Butterfield for a zoning change from -1 Commercial to NR-PD Non-Residential idential Planned Development for "City Point" Chairman Shiflet asked about the metro area south towards Glenview, could it be feasible to be additional medical. Ms. Gagliardi said yes, it is proposed that way. Cron Bowen asked ghat the projected density of multi-family is per acre. Ms. Gagliardi said the agreement with the city is at least 30 per acre. Clayton Comstock carne forward stating this a request from Gagliardi Group for a zoning change from '` - l " Commercial to "NFL- D„ Non-Residential idential Planned Development at the former North Hills Mall site located on Boulevard 26 just south of NE Loop 820. The proposed Planned Development zoning ou Id allow for a mix of uses, including Soo multi- family residential units, the new 180,000 square foot City Hall facility, retail, restaurant, office, hospitality, entertainment, and a 1 -acre public plaza open space. This NR-PC is set up very similar to the Torn Center and T D Codes with initial approval by, the Planning & zoning Commission and City Council of the PD through a zoning map with sub - districts including detailed regulations. The Development Review Committee will be responsible for approving final site plans based on these regulations with the exception of the following which will require P z review and City Council approval. These include site plans of all building facing City Point Drive in the Market District, final approval of the raster pylon sign, and site plans for townhomies in the ICIetro d i triof on ly after the rest of the PD is fu I ly de eloped . Chief Jimmy Perdue care forward with an informative presentation of the status of the new City Hall including the surrounding development. The construction contract to more forward will be presented at the October 14, 2013 City Council meeting, assuming approval construction will begin within one creek} followed by construction of the new City Point facility in January 2014, with scheduled completion in October 2015, Fund occupancy in January 2016. Chairman Shiflet inquired if there would be a secured access for employees off of Frailer [give. Chief Perdue answered" yes, it would be a secured and gated entrance for the employees with adequate parking for the public on the front side. Chairman Shiflet asked when this presentation would be available to the residents. Chief Perdue said this information has already been presented to the community in some form, with most of these images available in the City Hall lobby. Gaon Boren said he granted to clarify his earlier statement about multi-family in the Manor district. He said in this whole concept of work, the multi-family has to be there for the revitalization of this area. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak for or against. Danny Tinney, 7301 Glenview Drive, dame forward stating he is the Pastor at Richland Hills United Methodist Church. He said their property backs up to the "Manor District" and asked if there would be any restrictions to their property in the event of future growth for their church. Futon Comstock said no, the church property could still build within 35 feet of the current property line. It ,you Id be considered a residential use within the PD, there could be a 15 foot landscape buffer and a 35 foot set back from the residential on any new development mooring forward. In the design of the multi - family there should be some sort of fire lane on the far south side that would give some distance. There will be more discussion i ntern Sul I and Staff will get with the church about this natter. The Public Hearing was closed and motion was entertained. FLI :J :j: elyj =1 W Mike Benton motioned to approve ZC 20113 -14. The motion was seconded by Mask Haynes. The motion passed (7�). t4ftH K0ltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cato: 10-14-2013 Subject: Agenda Item fro. D.o PLANNING AND DEVELOPMENT Items to follow do not require a public hearing, "ItH K0ltJ►[yI0JiI: I Ji[0]:L1►1b1tJJi From- The office of the City Manager [date: 10-14-2013 Subject: Agenda Item No. D.1 RPM 2013-09 Consideration of a request from I im Icy -Hera and Associates, Inc. for a Replat of City Point Addition on 78.780 acres located in the 7500 and 7600 blocks of Boulevard Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: 'II ARY: irnle -Horn and Associates, Inc. is requesting approval of a F epl t for City Point, a 6-lot mixed use development on approximately 78 acres at the southeast corner of Boulevard 26 and Dodger Line Drive. The F epl t redefines the internal lot boundaries and public rights -of -way, on the property formerly occupied by North Hills Mall II and renames the area from "Gallo Farm" to "City Point.' Approval of this F epl t will accommodate the construction of the new City Hall facility and other private development associated with the `City Point PD " Planned Development Zoning District also being proposed by the property owner. The only lot not included in the F epl t that was shown on the Preliminary Plat approved by the Planning and Zoning Commission ion on September 19 is Lot 1, Block , which is the proposed location of the sign for the development along Rodger Line Drive. This lot will be platted at a Inter date prior to construction of the sign. CURRENT ZONING: The 78 acres is currently zoned g' C_1 }; Commercial. This F epl t is accompanied by request to change the Zoning for most of this area to a Planned Development elopment with e mix of commercial, residential, civic, hospitality and entertainment uses. COMPREHENSIVE PLAN: The Comprehensive Plan depict '`Retail uses for the area. .4110Ziall]ZIa]I'[ e]'II'[ North: -1 Commercial & C-2 Commercial West: LR Local Retail & C-2 Commercial South: -1 Commercial & U School, Church, Institutional East: -1 Commercial FLAT STATUS: The property is currently platted as the Calloway Farm Addition. This plat establishes a new subdivision name, "City Point .dd ition." THOROUGHFARE PLAN & ACCESS: The property has frontage on Boulevard 26, Rodger Line Drive and Glenview Drive (via the right-of-way dedication of Ruth Road by this plat). Additional access to Glenview from the site will be omm d t d through the existing Frawley and Cagle streets. The City has also acquired property on either side of the entrance along Boulevard 26 to create a grand, landscaped entry into the project. Boulevard 26, or state Highway 26, is designated on the Thoroughfare Plan as a "P6D' 6-lane divided principal arterial managed by T 1D T. Adequate right -of -gray exists for this roadway, therefore none is proposed to be dedicated with this project. Rodger Line [give is designated as a "C4U` -lane undivided major collector. Adequate right -cif -way exists for this roadway as well. Additionally, the current "Rod to the Mall" and "Cagle" streets are proposed to be renamed b separate ordinance at the October 14 City Council meeting to 'gCity Point Drier." City Point Drive will extend from NE Loop 820 frontage across Boulevard 26 into the City Poi nt development and pick up Cag I e to len i r. A 110' right -of -war is b i n dedicated for this street between Boulevard b and the City Hall. ' .i ri n" around the City Hall will also be dedicated public right -of -way. R D.W. The I I Wright-of-way for City Poin t Drive between B oule a rd 2 6 an d th a ne err City Hall facifffiy, as planned through the City Point PD Zoning District ROUGH PROPORTIONALITY DETERMINATION: The developer gill be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria as shorn on the approved -construction plans. The City is responsible for constructing specific streets within the PD which were specifically agreed to previously. , such improvernents would be required to service City Hall. All other infrastructure improvem nts to serve the adjacent properties will continue to be the responsibility of the developers/property owners. PB- 110 -80 F. N MARKET 4 k 1 elm _ a i DISTRICT CI'fFIGT 4• 47 ME 1 1 11' 1r4r 11'x' 1.0rAr tL� i iT (r •�` �bfiE P Wa zufk Fk4A•011G Zc G1piEi"Li4 ISM ' -0' 27-W 14N 22 w° is U7 LWy LNWhMWT STREET STREE- 4J71UTY EASEMENT 111r,cr R D.W. The I I Wright-of-way for City Poin t Drive between B oule a rd 2 6 an d th a ne err City Hall facifffiy, as planned through the City Point PD Zoning District ROUGH PROPORTIONALITY DETERMINATION: The developer gill be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria as shorn on the approved -construction plans. The City is responsible for constructing specific streets within the PD which were specifically agreed to previously. , such improvernents would be required to service City Hall. All other infrastructure improvem nts to serve the adjacent properties will continue to be the responsibility of the developers/property owners. The above determination of proportionality is made pursuant to S&ction 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their September 19, 2013 meeting and voted to recommend approval (7-0) to City Council. STAFF RECOMMENDATION: Approval of RP 2013-09. :41UwAl 00 "Tmv.. 0 MTf-T. ,kc,wo T?Fwr;ffol 1k, x weK !F& Ews %rx x" 3% 2r"Iem Am ft vlk 31am H9 'm wItI&I. vswmpuo H mcjob~ Locumbir 1112 Zr 12. PG. A aKI LT. 90'4Lj1THyr1'.Arr-Am Ff-ii rA *q,fi CLA�;AYiLrr 10 C�. 07ok AD �. ri 13 11 G T ia CFA KAGG IZAslU 93WT VOI, W P3.9' 1. CLT-LI MJ. A Yo- V 12L ra. UM4, 1XILI f-t- 'k (11`0 A.a %%r pw GA" GT. .1 31IF ME rT AG EP M RM T 'OCL drij Fa W.0 1! 1 C T 7r womau A;;&crwbir DAW IDA T C. r 1. 4 r % 311ILL19m fff SEP&qAk -a 1r ri: .3 GAm usm VM_ GN 3. M. MR CUL-11-11'. HE PD;rM 13F T14D"MRRrV LE8 Aff, 14A M YEAR RMO % H&MM M3 N n PAZ DIRIM0 M TM PATKAdL FU IX M U WHGE -MW ~MR TARE4 R M R %W-% Fd fI -M ftl I F�A N 3 MIWV. "I-,_; 3 WWA'__. n5.!MM_I Gernw",vJur-T. I f A" c(l U I W J:1 %LwJ KAI W Wgr 1;1 U_ rI I I- bl! 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THrNW A W W WY@ 4VA3 WW mcrq km-%Abi D2.m*r 1rwIdI2ffl&IL.1 lrt, rd� 21, "tmjA* h3rolml, lmd IA! 1. MIN Ck CftLC4*- PAPINIC! a-wid)r-r-w 01rf-YnKm 1 "" W". Drk} DAI rrctr Vi "joes MWAI. !`YKo SS u'illm P4[ lokuft on IWrAl Cw)tjk Tame III A W K'i fall ddOM 3Ya f14. CrWeer Ird sm the kcrtvmd array d Lr4 I rg I E4 i* 'k bm rl , lim hcrtInnnd, o ci I Ind rl I mr-d dwM ad w I nod Pj m dmilkiwmnku %%I" Qxawftm. LP uyIIwk omo FYa ah1,1 m±Issinfliku DrXQX EXCERPT FROM THE MINUTES of THE SEPTEMBER 19, 201 PLANNING AND ZONING COMMISSION MEETING +. IMP 2013-09 Consideration of a request from Kiim I -Horn and Associates, Inc. for a �Replat of City Point Addition on 78.780 acres located in the 7500 and 7600 blocks of Boulevard Anna Carrillo, Civil Engineer with Kirnle -Horn and Associates, 801 Cherry Street, Fort Worth, came forward representing the City of North Richland Hills for the Preliminary Plat and Ieplt of City Point Addition. The Preliminary Plot lays the ground work for any future development, shows all existing easements and proposed easements. Some of the easements on the Preliminary Plat can possibly change as the development occurs -arid as they become platted and recorded. The Re at i s a n official document which will be recorded and it will reel t the property from Calloway Creek Addition to the City Feint Addition, dedicates the right -of —way for City Point Drive and City Point West. The other area will be a 38 foot dedication where the former Cagle Drive whic h has not been dedicated before. Clayton Comstock said Staff recommends pprov I of the Preliminary "Plat and Replat. F ±1:2:2: 911ri=1C Cathy Luppy motioned to approve PP 2013-05. The motion was seconded by Mike Benton. The notion passed (7-0). rA:j:j: 911M=1W Mark Haynes motioned to approve FOP 2013-09. The motion eras seconded by Cron Bowan. The motion passed 1(7 -0). r4ftH K0ltJ►[yl0JilaRAC0]:L1►1 bill Ji From- The Office of the City Manager [date: 10-14-2013 Subject: Agenda. Item No. D. Consider Street Name change from Road to the Flail and Cagle Drive to city Point Drive - Ordinance No. 3277 Presenter: John Pit tick, Planning and Development Director ummar . Staff is bringing forward a request to rename Road to the Mall and Cagle Drive to City Point Drive as part of the City Point and new City Half development. Ten existing businesses are located on these streets. All businesses have been notified and are in support of the street name change. All property owners can receive mail at both addresses and will have the next 12 months to make necessary changes to business cards, stationery and other address changes. The City will notify the Post Office, utility companies and primary data and mapping companies. General Description : part of the marketing and. development of the relocation of the new N RH City Hall, and City Point development, a new roadway and entrance will be built with the City Point street designation. The City Point Drive designation on the previous North Hills mall property will be formally dedicated as part of a replat of the property. To create a consistent road network, the Road to the Mall and Cagle Drive are being changed to City Point Drive creating a continuous street section between Loop 820 and Glenview Curie. Please see attached map and ordinance creating this change. Below are, the specific businesses affected by this change. Some of the businesses' street numbers will also change to accommodate address space for the new City Point development. All businesses are in support of the street name change and understand that they have 12 months to receive mail at both addresses and to make necessary business address changes. Cdr. Mary Robb 4108 Cagle to 4108 City Point Drive Aiken Partners/Rick Green4109 Cagle to 4109 City 'Point Drive Texas H P Holdings 43oo Cagle to 4300 City Point Drive Access Midstream valve 4302 Cagle 'to 4302 City Point Drive Star car wash 4235 Road to the Mall to 4509 City Point Drive N e kkoa a LLC 4237 Road to the Mall to 4517 City Point Drive IVIHIVIR of Tarrant County 4239 Road to the Mall to 4525 City 'Point Drive US Diesel 4243 Road to the Mall a to 4535 City Point Drive IVIK's Customs 4243 Road to the Mall b to 4537 City Point [give North ate Church 4247 Road to the Mall to 4647 City Point Drive Recommendation- Approval of ordinance No.. 3277 920 il L Ir Amp 4 sk ��.�� Change Road to the Mail to it Point Drive City Point West 'moor up .I_. 4 4010 IL L ir I mp �•�'' . T Change Cagle to V- k,-, `, _t! City Point Drive �� 40A Ik 0 �jo 00 'O 8? o ■ ti. INN C� 1111 L P- m 1k -:.A N A NRH Proposed Street Name Change -City Point Drive From Road to the Mail and Cagle to City Point Drive I Prepared by Planning 08127113 Feet 0 200 400 goo 1.200 1.600 101]1�F11L[ =1L16 A AN ORDINANCE RENAMING N TWO STREETS LOCATED IN THE CITY F NORTH TH F I HLAN D HILLS, TEXAS FROM ROAD TO THE MALL AND CAS` L E DRIVE TO CITY POINT DRIVE WHEREAS, , the City Council desires to rename Rod to the Mall and Cagle Drive to 'gCity iPoint Drive-" NOW THEREFORE, F E, BE IT ORDAINED BY THE CITY COUNCIL F THE CITY OF NORTH F ICHLAND, HILLS, TEXAS : Section 1 : THAT Road to the Mall and Cagle Cori, street within the City of forth Richland land H i I I , Tarrant County, Texas, are hereby renamed " iit Point Drive. 'y Fs1►I III 19 17=1I�I =11 PASSED AND APPROVED on this 14th day of October, 2013. 1 Was] A'kl101Z40®IN[ :1w=1'1111 :114 am Oscar Trevino, Mayor Fs111116 Patricia Hutson, City Secretary F.&I U U ZIGILTA =11 . 11911910k "jF.1►IIJIX0.1IIWiF George A. Staples, City Attorney John Pit tick, Planning Development C it for N ltH KeltJ►[yI0JiIaJi[0]:L1►1b1tJJi From- The Office of the City Manager Date- 10-14-2013 Subject: Agenda Item No. E.0 PUBLIC WORKS N It K0ltJ►[yI0JiI: I Ji[0]:L1►1b1tJJi From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item No. E.1 Award of a Professional Services Agreement to Halff Associates for the Smithfield Road {Davis to Mid - Cities} Project (ST1304) Presenter: Caroline Waggoner, Assistant Director Engineering Summary: Council is being asked to approve a professional services agreement with Halff Associates for engineering design services the Capital Project identified as the Smithfield Road (Davis Blvd. to Mid - Cities Blvd.) Project. General Description: This project consists of realigning a portion of Smithfield Rod so that it connects directly to Bridge Street at Davis Boulevard ire accordance with the City's Master Thoroughfare Plan. In addition, the Smithfield Road pavement will be rid n d from the connection at Bridge Street to a point just north of Mid- Cities Boulevard. The project also includes the modification of two signalized intersections to accommodate the new Smithfield configuration, along Frith Continuous sidewalks and a drainage system. The existing Smithfield Road pavement is p'pro im t l -feet pride and connects to Davis Boulevard at are unsignalized, skewed intersection. As the busiest north -south oriented collector street, Smithfield Road carries daily volumes in excess of 10,000 cars. The widening of the roadway and improvement of the Mid-Cities intersection will greatly improve the throughput of this corridor at its far south end, and the signalized connection at Cavil will have a significant impact on the flow of northbound Smithfield traffi. Given the proximity of this segment of Smithfield to the Transit-Oriented-Development (TOD) zone and the future rail station, the design contract includes provisions for potential streetscape elements such as lighting and landscaping. Staff followed the City's policy for procuring professional services for the design of this project. Requests for Qualifications were sent to local engineering firms and advertised on the City's r b it ; 23 firms responded by submitting Statements of Qualifications 'gs " to the City. Six North Richland H i I I' staff members (Assistant Director/Engineering, Economic Development Director, Senior Plan n r, Senior Park Planner, Street Superintendent, and Purchasing Buyer) comprised the selection committee. The selection committee interviewed the 4 most qualified firms for this size and type of project. The shortlisted fiirms were selected based on each firm's design experience on similar projects, current work load, proposed project approach and estimated design schedule. After each of these firms provided presentations to the committee, Halff Associates was unanimously chosen as the top firm for the Smithfield Road Project. Halff Associates Inc., an employee-owned business. provides professional design and planning services throughout Texas from their offices in Fort Worth, Dallas, Richardson, on, Grand Prairie, Flower hound: Frisco, Houston, Conroe, Austin, Georgetown, San Antonio and McAllen. The firm is consistently ranked in Engineering Nears- Record magazine's list of the top Zoo design firms in the United States. Halff' staff of 400 include full-service engineering, architecture} ur a ing, environmental services, right - of -moray acquisition, landscape architecture and planning. Founded in Dallas in 1950 b Albert H. Halff, D.Eng., PE, and today based in Richardson, Halff preserves Dr. Halff' legacy of integrity, dedication to client service and commitment to quality. The engineering agreement outlines the scope of work in Exhibits E & C. Listed below are the key items within the scope of pro rk • Preliminary engineering phase includes surveying, developing a project schematic shoring proposed drainage improvements, roadway and intersection geometrics and proposed sidewalk alignments within the street right -of -moray. • Final engineering phase to include all necessary design components for the paving improvements within the right -of -moray. • Signal design for Smithfield at both id- Cities and Davis. • optional lighting, irrigation, and landscape design, if requested. • Attend up to public meetings if scheduled by the City. • Bidding Phase includes assisting the City in advertising the project to bidders, providing bid documents to contractors, tabulating bids and providing the City a summary of the information received from the lour bidder for the City's use in awarding a construction contract. • Constructions Phase includes assisting the City during the construction phase such a, attending coordination meetings, reviewing shop drawings, preparing monthly pay requests and preparation of record drawings. The Public Works Department negotiated a design fee of $254,710. This design fee consists of a base design fee for paving and drainage, and a fee for special services (surveying and easement documents), as well as additional services such as landscape. Shown below is a breakdown of this design fee: Ease Design Fee 1213610 Survey 17;170 Other Special Services 263700 Additional Services $ 89.230 Total Desiign Fee 4Y710 The total amount of the professional services agreement for this project is $254,710. There is sufficient funding for these design services in the 2013-14 Capital Projects Budget. The design budget is $340,000. Design is scheduled to be complete in March 2014 and construction to begin in May. Construction is estimated to take approximately 6 months. Recommendation - Approve Professional Services Agreement with Halff Associates in an amount not to exceed $254,710 for the Smithfield Road (Davis to Mid - Cities} Project (5T1304 }. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND HALFF ASSOCIATES, INC. This Agreement i ut d by and between the City of North Richland hland Hiill , a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called "CITY"), and Halff Associates, Inc., a Texas corporatin a acting by and through Jerry F. Roberts, P.E., its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connections with the Smithfield Road Paving Improvements. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows- I In this Agreement, the 9t J E T 11 means the engineering design of the Smithfield Road Paving Improvements from Davis Boulevard to Mid Cities Boulevard in accordance with the Public Works Design Manual, applicable CITY codas, regulations and standards. ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated i n the sections to follow. It is understood and agreed that ENGINEER i not and will not by virtue f this contract be deemed to be are agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation". 1V 0];J =Eel A=1► lei I "I=1 =1: -J=1: TA 191 =K ENGINEER shall render the professional services near for development of the PROJECT, i n accordance with the schedule in Exhibit A►: "Project Schedule" and as detailed in Exhibit B: C'Basic Engineering Services ", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shal I be responsible, to the level of competency presently maintained by other practicing professional engineers in the sane type of work in the Dallas /Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit : "Special Engineering Services ", attached hereto and made a part of this Agreement. Additional Engineering Services are defined in Exhibit D- "Additional Engineering Scrvic '2, attached hereto and made a part of this Agreement. No Additional Engineering Services are authorized unless authorization for specified additional services are provided to ENGINEER by IT`S' in writing and approved by CITY. lIVJ I MMOI91 ;I Vie] lat 1 W&116 =1: N 1 K The City will furnish items and perform those services as identified in Exhibit E- C'Services to be provided by the it 's, attached hereto and made a part of this Agreement. LIVA I I M6191 MIU=1► P11.11 0M A. In consideration of the services described herein, ITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation" E. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall net exceed Two Hundred Fifty -F u r Thousand Seven Hundred Teri Dollars ( 254,71 X4.00). C. CITY may authorize additional services to be provided by ENGINEER a mutually agreed upon by the parties. Any authorization for additional services shall be given to E N 1 N E EFL by ITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER"s ENGINEER" cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER' ENGINEER's costs will in no way alter EN INEEFt's obligations under this Agreement nor excuse performance or delay on EN I EEF' part. K4 WeIlly 10 1 = I ;; It 00 1 1;K01 M 119101111 k1i I =1 � I k� All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, includiing any original drawings, computer disks, mylars or blue lines, shall ibecome the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires-, provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited' to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons per-forming any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER s professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred bar or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or held CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, , on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER b ITY, or any deviation in construction from ENGINEER's designs, working drawings, pecif i cations or other engineering documents. �AMMIz 6-111 ;MIL[ : � For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants -and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided- A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) E. Comprehensive General Liability and Bodily Injury: Bodily Injury 500,000 per person, or 1 000,000 per occurrence; and Property Damage 10101 00 0 each occurrence; or Combined Single Limit 1 000,000 aggregate C. + omprehen i e Automobile Liability: Bodily Injury Property Damage Combined Single Limit D. Professional Liability: Errors and Omissions 500,000 per person, or 1,000,000 per occurrence; and 10 0) 000 each occurrence; or 1,000, 00o aggregate 17000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prim written notice to CITY. AI L No arbitration arising out of or relating to this Agreement shall: occur without both parties' written approval. L'14IIM0 4N,II�I.II[9]k, F.I11,1 U=I►'6 -1 Eel ► A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. E. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pair ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll -cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of 'this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or went of CITY. X . AUTHORIZATION, ATION, PRO F ESS, AND COMPLETION PLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit : ``Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skip and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond E N I EE Ft's control . With mutual agreement, CITY and ENGINEER may modify the Project schedule during the course of 'the PROJECT and if such modifications .affect EN I N EEF 's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by ITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the cork as outlined in Exhibit B: "Basic Engineering Service )'. Nothing contained herein shall be construed as authorizing additional fees for services to provide complete e rvices necessary for the successful completion of th is PROJE CT. lA �1 11 =dole] ►1 r: . ENGINEER shall be entitled, only if approved by IT', to subcontract a portion of the services to be performed by ENGINEER under this Agreement. 0XIIJI =V Eel :k001F. ll61k1 ENGINEER agrees that CITY shall, until the expiration of three years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity tale -offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three gears after final payment under the subcontract, have access to and the right to, examine and photocopy any directly pertinent books, design calculations, quantity tale -offs, documents, papers and records of such ubconultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. UVAIIM A4:I11 =1Ill K Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be Provided by the City Exhibit "F' Compensation Exhibit C'" Conflict of Interest Questionnaire Exhibit 9'H" Landscape and Irrigation, Scope of Services �AV111 PAVM k'J 1 =1 4 W.U' I =1011,K A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. I n the event legal action is brought by I TY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concern in the terms and conditions of this Agreement, the prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees as provided by Section 271.159, Texas Local Government Code . C. Notices. Any notice or correspondence required under this Agreement shall be seat by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address. If to EN I NEER- H a Iff Associates, Inc. ttn: Benjamin L. McGahey, P. E. 000 Fossil Creep Boulevard Fort Worth, Texas 76137 If to CITY- City of North Richland Hills ttn: II. Caroline Waggoner, P.E. Public Works Department 01 N. E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder -as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and su boonsu Rants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and su boonsu Rants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the state of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. s eve irabilit If any provision in this Agreement shall be held illegal b a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assignment. CITY and ENGINEER each bind, themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will male disclosure in writing of -any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. the IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this day of CITY OF NORTH RICHLAND HILLS {CITY} In Mark Hindman, City Manager , o1. HAL FF ASSOCIATES, INC. . (ENGINEER) am Jerry F. Roberts, Vice President Date.- Fit a 0 :&11 City Secretary CITY SEAL CORPORA TESEAL Date: Fit a 0 :&11 Notary Public in and for the State of Texas Type or Print Notary's Marne My Commission Expires: 011 -111 ff l PROJECT SCHEDULE FAR SMITHFIELD ROAD PAVING IMPROVEMENTS (Davis Boulevard to Mid Cities Boulevard) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Due Date Notice To Proceed October 15, 2013 Cora plt Design Surveys November 15, 201 Complete Schematic December 13, 2013 Receive Approval of Schematic January 110, 2014 Complete Preliminary Plans February 10, 2014 Receive Review Com ment February 24, 2014 Complete Final Plans March 24, 2014 Advertise for Construction Bids April 4,2014 Open Construction Bids April 29, 2014 Begin Construction May 1, 2014 011 :1kr.,1 BASIC ENGINEERING SERVICES FAR SMITHFIELD ROAD PAVING IMPROVEMENTS (Davis Boulevard to Mid Cites Boulevard) The scope of work for BASIC Engineering Services involves Preliminary Design, Project Pleas, Specifications arid Estimates on Roadways, St r Drainage, Sanitary Sewer and Water Liin dju tment , Traffic Signals, Street Lighting, Landscaping and Irrigation. A. Desi gn Meeti ngs — The E NG I N E E R wi I I meet with the C ITY s staff d u ri ng t he devel o p pent of the schematic, preliminary and final plan phases of the PROJECT. B. Project Management, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop monthly progress reports, prepare invoices, and meet with other entities on an as needed bas is for the d u ratio n of the P ROJ ECT's design. 2. Supervision of Subconsultants The ENGINEER will establish a work program and schedule for each subconsultant at the beginning of each phase section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by suloconsuItants. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. A location map /schematic will be provided to the affected utility companies. These schematics will be used by the utility companies to show approximate I ocations of their facilities wh ich are or may be affected by the PROJECT. 3. The ENGINEER will male every effort to obtain As-Built Drawings, Record Drawings and/or future plans for the following facilities in the PROJECT area including: -Roadway - 'mater Lines - Sanitary Sewer Lines - Storm Drain Line - Telecommunication Underground and/or Overhead Lines - Electric Underground and/or Overhead Lines - Gas Lines - Other Utilities Known to Serve the PROJECT Area Plot the preliminary information obtained above for rater use in the field to help surveyors tie existing utility locations. The locations of utilities tied from field surveys will be shorn on the paving and drainage plans. 4. The ENGINEER will identify potential utility conflicts and provide this information to utility companies. A. The ENGINEER will conduct a design concept conference with the CITY. B. The ENGINEER will prepare a roll schematic at a l'f =40' scale containing aerial photo, 1 -foot contours, existing right-of-way lines, I ocation s of driveways, typical sections, roadway baselines, pavement edges, limits of structures, limits of retaining walls, if a nyr drainage structures including pipes, limits of sidewalks, limits of barriers and any ether information necessary for pavement construction. The schematic will be prepared based upon the CITY'S C4U undivided roadway section as shown in the Master Thoroughfare Plan. C. During the CITYS review of the schematic, the ENGINEER may be requested to revise the proposed design to meet the Transit oriented Development (T D) Code requiring two lanes and on- street parting on both sides of the roadway. An additional special fee is provided to revise the schematic. ii :1:1aIrky ir1Fillord11 *110011M:F= M: A. Roadway Design 1. The ENI (VEER will develop a preliminary design of proposed roadway improvements. The preliminary design will include the proposed horizontal and vertical alignments. These plan sheets will be at a 1" = 0' sale and contain topographic information, existing right-of-way lines, locations of driveways, typical sections, roadway baselines, pavement edges, contours where necessary, limits of structures, limits of retaining walls, if any, drainage structures including pipes, limits of sidewalk, limits of barriers and any other information necessary for pavement construction. Profiles at 1" = 0' horizontal scale and I " = 4' vertical scale will contain existing ground lines at the proposed profile grade line, limits of structures and profile elevations at 100' intervals. Upon completion, the preliminary design will he submitted to the CITY for review. The preliminary design must be approved by the CITY prig to the start of the final design phase. 2. The ENGINEER will prepare cross - sections along roadways at minimum 50' intervals and will extend ' beyond the existing right -of -way. These cross-sections will fo rm the basis for the determination of earthwork quantities. Cut and fill quantities will be computed and tabulated, referencing cross - sections. Cross- sections will not be included in the plans. B. Other Roadway Design Elements 1. A Project Title Sheet wi II be prepared as required and incl uded i n the Plans. 2. Roadway typical sections will be prepared for paving sections along the various roadways of the PROJECT. 3. Roadway horizontal and vertical control and horizontal curare data will be shown on the plans. 4. Sidewalk locations and widths will be shown on the plans. 5. Supplementary intersection layout information will be prepared to properly show the relationship between the profiles of intersecting streets, where deemed necessary by the ENGINEER. 6. Miscellaneous pavi n details will be developed as necessary to describe era rio�us types of construction such as sidewalks, curbs etc. when no such CITY standard details are available. C. Drainage Plans and Details 1. Drainage area maps will be prepared at a minimum ,kale of 1" = 200', using available contour maps. Inlets will be located and sub - drainage areas determined. The runoff to each inlet will be calculated in accordance with City drainage criteria. 2. Culvert Plans /Profiles sheets and cross - sections, if necessary, will be provided for new cu Iert construction. 3. Storm Sewer pl an and profi I e s heets wi I I be pre pa red. Th ese sh eets wi I I sh ow th a Iocatio n of inlets, manholes, storm sewers$ slotted drains, culverts, and open channel improvements in relation to the PRJETfs roadways. Profiles will show profile information for the proposed storm surer trunk lines, proposed ground above the storrr sewers, existing ground above the storm sewers, and locations of lateral junctions. Profiles will be provided for all laterals on a separate sheet. Computation sheets will be prepared for storm sewers, culverts, slotted drains and inlets. 4. Miscellaneous drainage details will be prepared for any drainage related items which are not covered by City standard details. D. Miscellaneous Plans and !details 1. Sanitary sewer plan and profile sheets will be prepared to extend the existing system south to properties having no existing access to public sanitary sewer. Profiles will show profile information for the proposed sanitary surer trunk line, proposed ground above the trunk lire, existing ground above the trunk I ne, and locations of manholes and! sere ice s. 2. Engineer shall prepare signal plans for the Smithfield intersections at Mid Cities Boulevard and Davis Boulevard. The Engineer shall prepare the following items to be included in the overall set of construction plans for bidding purposes: a. Existing Conditions Layout — showing utility lines, illumination, signs, markings and any removals. b. Traffic Signal Design Layout (per intersection) — showing existing utilities (utility poles, street lights, storm drains, fire hydrants, etc.), permanent traffic signal pales and mast arms, pedestrian signal poles, push buttons, controller cabinet assemblies, signal heads, street lights, detector loops or other detectors, conduit, ground boxes, power sources with distribution to signal service, communications connections, wiring diagrams, pavement markings, signal phasing plan, Opticom equipment, conduit and cable chart, pole summary chart, phasing sequence, pole details, pole locations diagram, and all other items rewired for the complete construction of the signals. c. City of North Richland Hills and TxDOT traffic signal standard detail sheets. d. An add itiona I fee is included for design of Tern po ra ry Traffic Signals, if rewired. e. A traffic analysis will be conducted at the intersection of Smithfield Road and Mid Cities Boulevard. The analysis will provide the CITY with turn bar lengths necessary for the reprised intersection and determine the optimal lane assignments. Turning movement cou nts for t he AM ( -) a nd P M (4-6) peals pe ri d s Sri I I be col I ected. The resu Its wi I I be submitted in a short technical memorandum. 3. Construction plans will also address demolition, erasion control, traffic control (including detours, road closures, signing, barricading, etc,), pavement markings, si nage, necessary grater and sanitary suer adjustments and all other improvements. E. Quantities and Cost Estimate 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The E N I NEEB's opinion of probable construction costs will be prepared for the entire PROD ET ,usi n g current unit cost data, F. Submit Preliminary Plans for Review 1. Submit two (2) sets of preliminary plans for CITY review. 2. Submit plans to utility companies for review. LICIIIIIIIIIIIIIIII 910F114 DIM 10 0 19 :r; I: A. Prepare Final Design Plans — Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. B. Calculate Final Quantities and Cost Estimates — Reprise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. C. Prepare Contract Documents and Specifications 1. Compile special provisions necessary for the PROJECT. 2. Compile specifications necessary for the PROJECT. Any special specifications will also be prepared. The CITY will provide a copy of their contract documents in digital format. 3. Com pi le and develop a list of general notes necessary for the PROJECT. 4. Prepare complete contract documents and specifications for bidding purposes. D. Submit final plans, specifications, and cost estimates for CITY review 1. Submit two ( sets offinal bid documents for CITY review and approval. 2. Submit detailed drawings and plans/specifications to appropriate regulatory agency {ies) and utility companies and obtain clearance. E. Permitting 1. The ENGINEER shall prepare applications to the Tees Department of Licensing and Review (TDLR) for code review of sidewalks and ramps. After construction the ENGINEER shall notify TDLR of com pletion date. ENG IN EE R shall address any questions or issues by TDLR as a result of review and inspection. TDLR review and inspection fees are included in this proposal. 2. The ENGINEER shall submit traffic signal plans to T DOT, address comments, and obtain all approvaIs necessary from T DOT to construct proposed signal i rn p rovernents. 01 419]0 �11:11141 [ 0H IM: A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide all necessary printing of construction plans, specifications and contract documents for use in obtaining bids, awarding contracts$ and constructing the PROJECT. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. B. The ENGINEER shall generate addenda as needed. C. The ENGINEER shall attend a pre -bid meeting. D. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and provide a written Contractor recommendation to the CITY. E Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. E. The ENGINEER shall attend a pre - construction meeting. G. Represent the CITY in the non-resident administration of the PROJECT. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove cork and materials that fail to conform to the Contract Documents when such failures are brought to the EN INEER's attention. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on -site activities other than occasional site visits to observe overall PROJECT conditions or when specifically requested by CITY to isit on site for a particular matter. It particularly does not involve exhaustive or continuous on -site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) H. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine charge -orders as required. I. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is rewired to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are rewired by the Contract Documents. 1 Prepare or review monthly and final estimates for payments to Contractor, and furnish to the CITY any necessary certifications provided by the Contractor, as to payments to subcontractors and suppliers. K. Conduct, in company with the Contractor, a final inspection of the PROJECT for conformance with the design concept of the PROJECT a r d compliance Frith the Contract Documents and approve it writing final payment to the Contractors. L. Reprise contract drawings, with the assistance of the CITY's Resident PROJECT Representative to reflect available information as to homer the work was constructed. The ITY's Resident PROJECT Representative will provide the ENGINEER a red- lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting charges during construction, and submit three O sets of (Record Drawings and one CD-ROM (pdf and dwg format) to the CITY. 011 =1111916, SPECIAL ENGINEERING SERVICES FAR SMITHFIELD ROAD PAVING IMPROVEMENTS (Davis Boulevard to Mid Cities Boulevard) The scope of work for SPECIAL Engineering Services involves Survey (Easernents/Ri ht- f -Way and Design). The scope of work for the Special Engineering Services is more generally described as follows: I. SURVEYING —The Consultant sha I I provide surveying services, which, in general, may he defined as normal services aippl ica ble to a project of this type. The fo I I owi ng particulars will also apply. A. Vertical benchmarks shall be established such that all points of construction shall be within 500 feet of a benchmark. Benchmarks should not be subject to loss during construction. Fire hydrants and similar appurtenances are not to he used for benchmarks. The City will furnish one or more benchmark for this Project. The surveyor shall establish temporary benchmark throughout the length of the project. B. Topographic features will be surveyed along with any and all anther features needed for {design, review, permitting, construction, and inspection of the project. Coverage will extend beyond th a proposed rights -of -way fa r eno ugh to i nteg rate t he des ig n with the adjacent pro pe miles. C. Existing property corners, iron pins, etc. shall be tied into established existing rights -of -gray. Prior to surveying on private property, the surveyor shall secure written permission from the property owners and /car tenant and shall provide the City a copy of said written permission. Should only oral permission be granted, the surveyor shall document the permission granted by letter to the property owner /tenant, with a copy to the City. If permission cannot be obtained, the City will assist or other arrangements wil I be worked out. I. RIGHT-OF-WAY — Up to twelve (1 ease me nt ri ht- f -Way instruments shall be prepared i n CITY approved format(s) and shall include a metes and bounds description and a sketch. Documents shall be signed, dated and sealed by a licensed Professional Lard Surveyor registered in the Mate of Texas. 011 :1 k r 1" ADDITIONAL ENGINEERING SERVICES FAR SMITHFIELD ROAD PAVING IMPROVEMENTS (Davis Boulevard to Mid Cities Boulevard) I. Lighting Design A. ENGINEER shall perform a lighting analysis for the roadway utilizing AGi32 software. The pole height provided b CITY will be utilized along with the fixture type to determine the optimal spacing and wattage. Based on fixture selected by the CITY, ENGINEER shall determine the optimal wattage of the options aIIowed with the fi turre. The pole spacing and Iamp wattage will be varied until a design is found that will meet the current lighting guidelines. Light levels shall be based on current AASHTO recommendations. B. ENGINEER shall develop illumination plans for approximately 1,300 feet of Smithfield Road. The design shall be eased on the CITYS T D standards and TxD T standards. Illumination layout sheets including existing utilities (utility poles, storm drains, fire hydrants, etc.), illumination poles and heads, conduit, ground boxes, peer sources with distribution to luminaires, conduit and cable chart, pole summary chart, and all other items required for the complete construction of the luminaires. C. ENGINEER shall develop temporary signal plans, if rewired, for the Mid Cities and Smithfield Road traffic signal. lll. Landscape Architecture and Irrigation Design — See Attachment ""W. Ill. ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope$ extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, ITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, odes or orders enacted subsequent to the preparation -of such studies, reports or documents, or are due to a ny other causes beyond ENI N EER's control. IV. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITE' in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. V. ADDITIONAL Engineering Services not included i n the Scope of Work, also include setting of Easement/Right-Of-Way acquisition parcels. I. DIT] N L Engineering services in connection with the PROJECT, including services which are to he furnished by the CITY and services not otherwise provided for in this Agreement will he at the following rates: Staff Member and Resident Project Representative - Salary Cost Times Multiplier f 2.3. Salary Cost is defined as the cost of payroll f Ef I EEF ', draftsmen, stenographers, survey men, clerks, laborers, etc. , for the time d it tly chargeable to the PROJECT, plus social security contributions, unemployment compensation insurance, retirement benefits, an di t and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto® SERVICES TO BE PROVIDED BY THE CITY FAR SMITHFIELD ROAD PAVING IMPROVEMENTS (Davis Boulevard to Mid Cities Boulevard) The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any a iisti rig data the CITY has on file concerning the PROJECT, if available. II. Provide any available As-Built plans for existing streets and drainage facilities, if available. III. Provide any available As-Built plans for existing grater and sanitary seer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from T DOT and r other local utiI ity companies. V. Provide standard details and specifications in digital format. I. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right-Of-Way, when required. `II. Give prompt written notice to ENGINEER rhene er CITE' observes or otherwise becomes aware of a ny development that affects th a sco pe or ti m i ng of the E N G I N E E R's se rvices. AilI :11d COMPENSATION FAR SMITHFIELD ROAD PAVING IMPROVEMENTS (Davis Boulevard to Mid Cities Boulevard) : 4181 Al :1a0WAIW For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation, hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering services and /or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITE' of such compensation shall either be mailed or delivered to the E N I N E E Ft's home office as identified in the work authorization. "Salary Cost" used herein is defined as the cost of salaries of E I N E EiF 's, draftsmen, stenographers, survey mere, clerks, laborers, etc. for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical insurance benefits, sick leave, vacation, and holiday pay applicable thereto. A. Compensation for the Basic Engineering a rvi ces (Design and Construction phases) shall be a lure sum fee of 121,610.00. The Design phase portion of the Basic Engineering Services shall be computed at % of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 10% of the total Basic Engineering services Charge. Payment for the Design phase portion of the Basic Engineering services shall be due in monthly installments in the proportion to that part of the services in the Design phase whiich have been accomplished. Final payment for services authorized in the Design phase shall, be due at the completion of these services. Payment for the Construction phase of the Basic Engineering services shall be due in monthly installments in proportion to the construction work completed on the basis of the Contractor's monthly payment estimates. Upon completion of all work authorized in the Construction phase, the ENGINEER wi I I be paid the remainder of the charge for this phase. B. Compensation for Spacial ;Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: Design Surveys: Lump Sum Fee of 17,1 70.00 Easement Documents: 12 parcels at 1,725.00 per parcel = 207700.00 Attend 3 Public Meetings- Lump Sum Fee of 6,000.00 C. Compensation for Additional Engineering Services not covered by basic Engineering Services or Special Engineering Services provided herein shall be as follows Design Mod to accommodate TODD sectiom Lump Sum Fee of 10p220.00 Lighting Analysis-. Lump Sum Fee of 1,380.00 Lighting Design: Lump Sum Fee of 6,160.00 Tern po ra ry Traffic Signa I Des i n : Lu m p S urn Fee of 8,970.00 Landscape and Irrigation (TOO): Lump Burn Fee of 62,500.00 r Landscape and Irrigation (Street Trees Only): Lump Sum Fee of 12,000 For all of EN I EE Ft's personnel time applied to the Additional Engineering Services, Salary Cost tires a multiplier of 2.3. For all direct non -labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost tires a multiplier of 1.'1 . Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. I�1I111J111 &10IDIR 4191:a :90 off FA►C0 Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XI I: Flight to Audit It is also understood', that the cost budgets are based upon E N I EE Id's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT prop rases, it is possible that the level of effort and/or scope may differ u p or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless f the cost. If at any time it appears that the cost budget may be add, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope chine, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated costa revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any chan e in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Service has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement... detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Brice. II LIF,[901I Payments to the ENGINEER will be rude as follows- A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and parable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the fiat monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated i n Exhibit B: C'Basic Engineering Services ". Exhibit : "Special Engineering Services'"' and Exhibit D: i'Additiion l Engineering Services '� . B. Upon completion of services enumerated in Exhibit B: ''Scope of Basic Engineering Services ", the final payment of any balance will be due upon receipt of the final invoice. rq FAH K0ltJ►[yl0A I =IAC0]:L1►1b1tJJi From: The Office of the City Manager [date: 10-14-2013 Subject: Agenda Item fro. E. Approve the Renewal f Interlocal Agreements wiith Tarrant county for the Partial Funding of the Davis Boulevard /Mid- cities Boulevard Intersection Impr v meat Project, the Rufe Snow Drive Street and Utility Improvements (Mid- cities Boulevard t Hightower Driv ) Project and the Smithfield Road (Davis Boulevard to Mid- cities Boulevard) Project Presenter: Gregory vary Nieuwenhu,ize, City Engineer 5ummarv: The City Council is being asked to approve the renewal of agreements with Tarrant County which authorizes Tarrant County to fund portions of the Davis Boulevard/Mid- Cities Boulevard Intersection Improvements Project (ST0401), the Rufe Snow Drive Street and Utility Improvements (Mid - Cities Boulevard to Hightower Drive) Project (ST0202) and the Smithfield Road (Davis Boulevard to Mid - Cities Boulevard) Project (5T1304 ). General Description. The city and Tarrant County have previously entered into I nterloca l Agreements for each the three indicated capital improvement projects. One of the terms in each of the initial lAs was that the duration of the agreement he for one year and that the Interlocal Agreement I must be revered each year until the project is complete. While Tarrant County has placed this provision in each of the initial lAs, Tarrant county has committed to `zannually renewing" each IA. Therefore, the approval of the -current Renewal ral I is effectively a procedural issue. In fact, one of the provisions in each of the Renewal ral I states, "All terms and conditions of the original Agreement as amended remain in effect .. '2 Approval dates and funding amounts provided for in each of the lAs is as follows- Davis Boulevard/Mid-Cities Boulevard Intersection Improvement Project (ST0401) 0 The initial IA was approved by the city council on December 10, 2012. 0 Tarrant Counter will reimburse the city oho of the actual project costs, or are amount of $295,000, whichever is less. 0 This project is currently in the design phase. The next step will he to receive environmental clearance from the Federal Highway Administration and the Texas Department of Transportation. This project is on track to begin construction after the NTE project is complete, sometime in 2015. Although that was not the original, plan it does make sense to minimize the construction on major streets in the city until the NTE project is complete. Rufe Snow Drive Street and Utility Improvements (Mid-Cities Boulevard to Hightower Drive) Project (ST-02-02) 0 The initial IA was approved by the City Council on October 8, 2012 0 Tarrant County will reimburse the City 50% of the actual project costs, or an amount of $600,000, whichever is less. 0 The right-of-way acquisition for this project is nearing completion. The next step will be the relocation of the existing utilities. The construction of the roadway is scheduled to also begin after the -completion of the NTE project. Smithfield Road (Davis Boulevard to Mid-Cities Boulevard) Project (ST1304) • The initial IA was approved by the City Council on December 10, 2012. • Tarrant County will reimburse the City 50% of the actual project costs, or an amount of $550,000, whichever is less., 0 Design will begin October 2013. Recommendation: Approve the following agreements with Tarrant County for the partial funding of capital projects within the City: 1. Renewal of Interlocal Agreement Court Order No. 114575 for the Davis Boulevard/Mid-Cities Boulevard Intersection Improvements Project [5T0401 }; 2. Renewal of Interlocal Agreement Court Order Na. 114069 for the Rife Snow Drive Street and Utility Improvements (Mid-Cities Boulevard to Hightower Drive) Project (5T0202); and 3. Renewal of Interlocal Agreement Court Order 114576 for the Smithfield Road (Davis Boulevard to Mid-Cities Boulevard) Project [5T1204j. Davis Boulevard/Mid-Cities B u l and InterseCtrion Improvements Project Davis Blvd /Mind- Cities Blur ht f ti n [TEA-21] U. H i7 IPA Davis Blvd/ j. Mid-Cities Blvd J Intersection [TEA-21 ] I N ST L i� L .3 N (4) R T H ICHLAND HILLS ME- F ojed Locator ap %.1r. - - -�--� RID .mom Pt • r _ � a i w, 'ti . k Jr6 F PL STATE OF TEXAS Renewal of I nterloca I Agreement Court Order No.. 11457,5 COUNTY OF TA ANT § Project. Davis at Mid-Cities Boulevard BACKGROUND 1. Tarrant County ("COUNTY") and the City of North Richland Hill ("CITY") entered into an Agreement approved by Tarrant County Commissioners Court Order No. 114575, for the cooperative funding of improvements to the intersection of Davis Boulevard at Mid-Cities Boulevard ("Project` as described in the 2006 Tarrant County Bond Program. 2. The Project is nct complete and the COUNTY and the CITY desire to renew the Agreement for the 2014 Fiscal Year, Therefore, the COUNTY and CITY agree to the following 1. The COUNTY and the CITY renew the Agreement for the U NTf s 2014 Fiscal Year with the Agreement to expire September 30, 2014 or the completion of the Project as determined by the COUNTY, whichever occurs n r . 2. The COUNTY and CITY agree to the revised payment schedules. 3. All terms and conditions of the original Agreement as amended r main in effect except to the extent m cad if 1 ed by th i s Renewa I APPROVED on this day the day of f 20 � by Tarrant County. TAR ANT COUNT, H STATE OF TEXAS County Judge District Attorney's Office* om nn is ioners Court Order No. Signature LIED AS TO FORMA ND City Attorney Interlocal Agreement Transportation Bond 2006-2007 Page 1 *By law, the District Attorneys Office may only approve contra is for its clients. We reviewed this docurnent from our client"s legal perspective. th r parties may not rely on this approval. I n stead, those pa rties should seek contract review from independent counsel. CER TCA TION OF A VAILABLE FUNDS IN THE A NO T OF r, Certification of Funds Available as follows: Fiscal year ending ept m ber 30, 2007 Fiscal year erding September 30, 2008 Fiscal year ending September 30, 2009 Fiscal year ending September 30, 2010 Fiscal year er&rg September 30, 2011 Fiscal year ending September 30, 2012 Fiscal year erding September 30, 2013 Fiscal year erdlrg September 30, 2014 $221r250 All futu re years f and ing is contingent on futu re d ebt issua nce and renewal of this contract Fiscal year erd i rig September 30, 2015 $7317SO Fiscal year en&rg September 30, 2016 - -- - - - - - - -- - -- - -- - -- - -- - -- - - - - -- $29510DO" Auditor's Office This amount includes .5 , o0 in Comixiissioner 1 retiona1 funding I nterloca l Agreement Transportation !Bond 2006-2007 Page MINK"ll ILI I No W4.01 Project Info ring tion + -th Richland Hills City City of Noi 1 1 Project Name- Davis at Mid-Cities Boulevard Intersection h-nprovement Proposed Prolect Schedule Start Date Dcsign-. ROW Acquisition: Utility Relocation: C ons tru cti o n, Oct-2013 Duration (mo) End Date 10 Aug-2014 COUNTY payments by completed phase are contincFent Upon the COUNTY'S .reasonable deterinin.-ation that the work regarding the project phase for which payment I is expected is successfiffly completed, as deter inliled by the COLTNTY. COUNTY W plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. Once Constraction cotnmences,, COLTNTY Fayment shall be made by fiscal quarter prorated over the life of the construction but contingent up oil reasonable progress in c ons tru cti on as inay b e determine the C OTTN Ty. -Pronosed Countv Pavment by Phase Desien. S ROW Acquisition, S Villity Relocation: S Consti-Li ction' $295,000 Countv Funding Total- $2957000"-* Pfoposed County Payment by Calendar Quarter (SUBJECT TO C11A -I rd I" Quarter 2 n d O-Lixfter 3 -ti aster X" 0ii art er 2007 ?009 2009 2010 2011 2012 201' 2014 2015 2016 * * This amount ine lude s S 4 5 - 0 00 111 Coiii i i i i -, s i oner di s cret 1 onary fandt nzr�'y Interloca I Agreement Iran portation Bond 2006 -2007 Page 3 $ S S $ S $ S S S $73.9750 $ $ S $73�750 $73,750 S 73,7 0 S $ $ S $ S * * This amount ine lude s S 4 5 - 0 00 111 Coiii i i i i -, s i oner di s cret 1 onary fandt nzr�'y Interloca I Agreement Iran portation Bond 2006 -2007 Page 3 Rrufe Snow Drive Street and Utility Improvements (Mi'd-Cities Boulevard to Hightower Drive) Project _ i n LA ` HIGHTOWER DR s a tJID- IT CS BLVD Rufe Snow Dr Street & Utility Improvements (Wid-Ciffies Blvd to Hightower D r) [ITEA-21] O i HAPfUAN Rufe Snow Dr Street 8 Utility Improvements (Mid- Cities Blvd to Hightower Dr) [ITEA-21] 99TH RICHLAND d HIL LIS Proj eat Locator Map 6r STATE OF TEXAS § Renewal of Interlocall Agreement Court Order No. 114069 COUNTY OF TINT Project: Rufe Snow BACKGROUND 1. Tarrant County ("COUNTYr and the City of North Richland Hills ("CITY") entered into an Agreement approved by Tarrant County Commissioners Court Order No. 114069, for the cooperative funding of improvements to Rufe Snow Drive ("Project' ) as described in the 2006 Tarrant County Bond Prog ra m. 2. The Project is not complete and the COUNTY and the CITY desire to renew the Agreement for the 2014 Fiscal Year. Therefore, the COUNTY and CITY agree to the following 1. The COUNTY and the CITY renew the Agreement for the COUNTY's 2014 Fiscal Year with the Agreement to expire September 30, 2014 or the completion of the Project as deterrrireed by the COUNTY, whichever occurs sooner. 2. The COUNTY and CITY agree to the revised pay rnerat schedules. 3. All terms and conditions of the original Agreement as amended rernain in effect except to the extent modified by this Renewal. APPROVED on this day the day of T 20_1 by Tarrant County. TAR ANT COUNTY, STATE OF TEXAS County Judge APPROVED AS TO FORM: District Attorney's Off ice'. Commissioners Court Order No. M 0 Wo Signature APPROVED AS TO FORM AND CONTENT: it Attorney Interlocal Afar rent Transportation Bond 2006-2007 Page 1 *By Ia r the District Attu me {s Office r-nay on 1y approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. I n stead, those partles should seek contract review from independent cou n el. CER TIFICA TION OF A VAILABLE FUNDS IN THE AMOUNT OF �r Certification of Funds Available as follows: Fiscal year endIng September 30, 2007 Fiscal year ending Sept m ber 30, 2008 Fiscal year ending September 30, 2009 Fiscal year -ending September 30, 2010 Fiscal year ending September 30, 2011 Fiscal year ending September 0{ 2012 Fiscal year ending September 30, 2013 Fiscal year er ding September 30, 2014 $600f 0 0 Al I futu re yea rs f undinQ is conti naent o n futu re debt issua n ce and renewal of this contract Fiscal year en d i n epte ber 30, 2015 Fiscal year erding September 30., 2016 $6003000 Au d ito is Off ice I n terloca l Agreement Transportation Bond 2006-2007 Pepe no KTQ am Oki I Pro iect Inforniatioll C ity: C it o f Nor th R1 ebland H it Is Project Name: Widening of Rufe Snow Drive Praposed Pi-oiect Schedule Start Date Duration (mo) End Date Design: Mar-2008 7-) Apr-2014 ROW Acquisition: Utilit-y Relocatioll: Consti-uctioll: COUNTY payments by completed phase are contingent upon the COL NT Y'S reasonable delermination that the work regarding the project phase for which payment is exp ect 1s r,,,uc ces s fully completed, as dete nil in e d by the C OUNTY. COUNTY I plans to issue debt for all Abases of this pr 'ect, thereffire payment remains contincyent 01 4�z on debt issuance in accordance with applicable Once Construction commences, COUNTY pay-ment &hall be made by fiscal quarter prorated ovcr the life of the constraction but contingent 'upon rca son ablc progrcss M' const,ruction as may be determined by the COLTNTY+ Pironosed Countv Pavment bv Phase Design. S600,000 ROW Acquisition-& S Utility Relocation: S Cowstructlon-. S County Funding S Total- S600.,000 Proposed County Payment by Calendar Quarter (SUBJECT TO CHA 2007 2008 2009 1-010 2011 1)012 201 -3 2014 2015 1 2016 -14 Ist 011"ll'ter 1 Aid Ouartei.- 3rd Ouaner 4fli Ouarter Interlocal Aurae meat Transportation Bond 2006-2007 Page 3 S S S S S S S S S S S S S S S S $ S S S $ S S S $ S S S $600,000 S S S $ S S $ S S Interlocal Aurae meat Transportation Bond 2006-2007 Page 3 Smithfield Road (Davis Boulevard to Mid-Cities Boulevard) Project �n tnithfi ld Rd (Davis BId to Mid-Cities Blvd) —-T ART HUR-DR. co JB d _.L_,— N E V f LU CARDINAL rr T WE R. '11� 06 DIU:J -D 1p E _ L ' -SPI-OR tr OU Smithfield Rd (Davis Blvd to Mid - Cities Blvd) w Ll F 5 y# h p S A X' I C H L ; l N L) F-11 LLS STATE OF TEXAS Renewal of Interl ca I Agreement Court Order No. 114576 COUNTY OF TAR ANT Project: Realignment of Smithfield Road BACKGROUND 1. Tarrant County ("COUNTY' and the City of North Richland Hills M IT {r entered into an Agreement approved by Tarrant County Commissioners Court Order No. 11 4576, for the cooperative fund i rig of improvements to Smithfield Rod "Project "{ as described in the 2006 Tarrant County Bond P rog ra rn , 2. The Project is not complete and the COUNTY and the CITE' desire to renew the Agreement for the 2014 Fiscal Year. ThereforeIr the COUNTY and CITY agree to the foillowing 1. The COUNTY and the CITY renew the Agreement for the COUNTY ys 2014 Fiscal Year with the Agreement to expire September 30, 2014 or the completion f the Project as determined b the COUNTY, �- h i c h ev r occurs sooner. 2. The COUNTY and CITY agree to the revised payment schedules. 3. All terms and conditions of the original Agreement as amended remain in effect except to the extent modified by this Renewal. APPROVED on this day the day of 0 f by Tarrant County. TAR RANT AIT UNT STATE OF TEXAS County Judge TO FORM. District Attorneys Office Commissioners Court Order No. LA I Wo Signature VE TO FORM AND CONTENP City Attorney Interlocal Au ree ment Transportation Bond 2006-2007 Page I *By law, the District Attorney's Office nnay only approve contracts for its clients. We reviewed this document frorr our client's legal perspective. Other parties may not rely on this approval. Instead, those parties should seek contract review from independent counsel. CER TIFICA TI ON OF A VAILABLE FUNDS IN THE AMOUNT OF Certification of Funds Available as follows: Fiscal year ending September 30, 2CO7 $ Fiscal year ending September 30, 2008 $ Fiscal year ending September 30, 2,009 $ Fiscal year ending September 30, 2010 $ Fiscal year ending September 30, 2C1 1 $ Fiscal year ending September 30, 2012 $ Fiscal year ending September 30, 2013 $ Fiscal year ending September 30, 2014 $ All future years fu rid ina i ntincient on future debt issuance and renewal of this contract Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2016 Auditor's Office $330,UDO $22a,Qa0 --------------------------------- $55010DO Interlocall Aureement Transportation Bond 2006-2007 Page 2 IM 8 sixe of ki I ON IKI PI-01'e I Info]-ination City: Clit y of North Richland Hills Proi cc t N a rne: Re al i C unment o f S inithficId Ro a d Pi-oposed Pi-oiect Schedule Start Date Duration (mo) End Date Design: ROW Acquisition: U-tility Relocation: Construction: Octm2014 15 Jan-20 16 C OUNT Y payments b y c omplot pease are contingent tip on the C 0 LINT Y'S r so n A I e de terin i n ti on that th e work regarding th e proj e et prase for wh ich pa m e nt is expected is Successfully completed, as deterinined -by the COUNTY COUNTY plans to is.sue debt for all pliases of this Fro j ect thcrcfore payment remains contingent on debt issuance in accordance with applicable law. Once Construction commences, COUNTY payment shall be made by fi scal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as may be detennined by the COUNTY. Propo�ed Countv Pavment bv Phase Design: $ ROW Acquisition: $ Util ity Relo c at Ion - $ Construction: $55000 County Fundm'g S S Total: $550.,000 Prot) o s ed Countv Pa N-ni ent b v ('a lend 4r r Ouarter (SUBJECT TO CHAN 2007 '2008 2009 10 01 .2 2011 21 1' 14 "1016 i 'I rd Ouarter iicl (hiarter -'Ird Ouarter 4th Ouarter S S S S S S S S S S S S S S S S S S S S S S110,000 S110,000 11 (), 0 0 S S Interlocal Agreement Transportation Bond 20016-2007 Page 3 I ►1��CJ K0ltJ►[yI0JiI: I Ji[0]:L1►1b1tJJi From- The Office of the City Manager [date: 10-14-2013 Subject: Agenda Item No. E. Award IMF B 13-028 for the CIP Project Identified as Traffic Signal Infrastructure Upgrades Project ST1204 in the Amount of $119.,964 Presenter: Jimmy Cates, Operations Manager umarr: The City council is being asked to award a bid to Siemens Industry, Inc., for Capital Project 1204 in the Amount of $119,964. General Description. This project will consist of replacing traffic signal heads with black signal heads and painting signal poles black at 15 signalized intersections along the corridors of Boulevard 26 and Davis Boulevard. currently the signalized locations do not meet the city's image standards. The traffic signal poles are galvanized and the signal heads are yellow in color. On September 5, 2013 a scheduled bid opening was attempted, but only one bid proposal was received. Instead of opening the bid proposal staff returned it to the vendor and extended the bid time until September 16, 2013. Staff then invited nine (9) vendors to submit a bid -and notified approximately 25 vendors about the F FB. The city's intent to bide was advertised in local newspaper and posted on the city" rebite. On September 16, 2013 the bid opening was conducted and only one bid proposal was received. Siemens Industry, Inc. has submitted a bid proposal in the amount of $119,964. Siemens Industry, Inc. has done work for the city over the last several gears. currently, Siemens has a contract with the city for maintenance and repair of roadway lighting along North Tarrant Parkway, F ufe Snow Drive and Glenvie w Drive. Their work has been acceptable and met all specifications. The contact with them has also been reneged on a couple of occasions. Sufficient funding is available for the project, Council approved $195,000 in the 2012/2013 Capital Projects Budget. Recommendation- Award FIFE No. 13-028 to Siemens Industry, Inc., in the amount of $119,964 for Project ST1 o. EcoloNY 1ryNO1ZlJ*A ►nd10 �',1 "1 t•a NQR7H &ICHLAN L] HILLS THE CITY OF CHOICE PURCHASING DEPARTMENT REQUEST FOR BID FOR TRAFFIC SIGNAL Lf(�HT INFRASTRUCTURE UPGRADE BIDS DUE SEPTEMBER 5, 2013 v BY 2:00 P.M. Table of Contents Invitatior to Bid Gener'al Conditions Tnsurance Requirements Advertisement Survey N on-Co Itu sion Afflj d av it of B id der Statement of Residency DBE Form - For Disadvantaged Business Enterprises Only, z:! SPECIFICATIONS Bid Form Trh IS Ta bie oj'Co nte nis is ini e nde d as an a id i o vendo rs and not as a c� � mpre h ensi ve liming of the proposal package. Vendors are responsible for mading Me entire proposal package and eornp�ying with all .5pecifications. 1 2-7 8 N fw 13-18 19-20 M71TATION "rO BID The its of North Richland Hills is acccptmg scaled bids l'or 2`10 13 Traffic Signal Licrhi Infrastructure Upgrade per the attached specifications and general conditions. zn C� One (1) or'g'nal plus One (1) eopy. and One (1) digital cop .1� on either a USB or CAROM of the 0 P. ni -, septe 5., 2013, The h'ds. marked "o rid inal laid must be subMItted �y 2.-0 mber I and "wpy", must be submitted in a scaled cnvclopie with the followffig info rniatiOn marked plainly on the front: W, PURCIFLkSING it of North Rich.land Hilts Aun, 13-028 Traffic Signal LlorhL Infrastructure Up(-Tradc 7-301 NE Loop 820 North Richland Hills, TX. 76180 No oral explanation in regard to the meaning of zhe bid specifi cations will be made and no oral instructions will be- given hefore the a, vard of the contract. Request from interested vendors for additional infonnation or interpretation -af the inform ation included in the specifications should be directed in wri Lin u to: Jerry Lewandowski, Purchasincr Man aver Fax: 817-427-6151 Email: purchasinz&) rhtxxorn The deadline for receipt of written questions shall be 12:00 (-Nuon),. or Worth time, Friday, August 30, 2013 V A ivritten response will be posted ors line at www.njrhrx.com The City wishes to receive competin-ve bids on all goods or services purchased. Therefore, City policy is to reschedule the bid opening if a minimum of three (3 )) bids are not received. The CiLy ot'North Richland 'Hills resen7es the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the its of NorEh Richland Hills. GENERAL CONDITIONS In suhrrilturig this bid, die Bidder understands and agees to be bound by dw following terrn.,-:,. and conditions. These terms and conditions shall become a pan of the purchase order or conuaa and -will consist of the invitation to bid, specifications., the resp-cmsiVe bid and the contract with attac him ents, too-ether with aray additional documents identified in the contract and any written chan e orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there i s a c o nfl i et het we e n contract d o cum en ts, the pr o v i s i Sri more fav or b I e to the C its s h a I I pre a'l 1. 1. BID TIME tt shall be the responsibility of each Bidder to ensure Iiis/her bid is turned into the it of I %� ';FPTFNMFR 101 The ofFicial ti roc shall bu Nortli Ricliland Nil],.; on i)r beful-2 PM L Bete-rmined by the clock located at the swit-C-1hboard in the North R ichland Hills it Hal I lobby, Bids received after the time stated al_ we wi I I be considered ineligible and returned unopened. All attach.ed bid documents are to be, returned completely filled out, ictaled. and signed. Ens clopcs containing bids. must be -ve aled. The City of'Nm-tli Richland Hilis will not accept any bid documents other T1= the armched. 2. VVTTHDRA)NING BID S/PROPOSALS/QU OTE S Dids may be withdrawn at any tinic prior to the official opening- request for non- consideration of bids must be made in wrl"Ling to the Purchasing Manager and received prior to the time set for ope-nina bids- The bldder warrant-s and guarantees that hisilier bid has been carefully re%eiewed and cheClked and that it is in all. thinks true and accurate and Free of mist aL-es. &dder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninM (90) days following the date designated for the receipt of 1) 1 ds. IRRF.GTTLAR BIDS/PROPOSALS/QUOTLS Bids wih be considered irregular if they show any omissions, alterations of roan, addition', or conditions not called for. unauthorized aiternate bids'. or irregularities of any 16nd. However,, the City of 'North laic hiand Hills reserves ffic right tc) -waive any irregularities and to make the a. and In the best interest of the City. 4. REJECTIONIDISQUALI-FICATION Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the s 'fie reasons listed below: a) Bid received after the dMe s for receiving bids as stated in the advertisement; b) Reason for believing collusion exists amorig the Bidders; c) Bid containing unbalanced value of any item; bid offerir).g used or reconditioned eq Uipment; d) Where the bidder, sub-contractor or sup plier is in litigation with the CltY, of North Richland Hills or where such litigation is contemplated or imminent; 2 GENERAL CONDITIONS e) Uncompleted werk wh is h i n the j ucl L, 7 riicut of the City will prevent or hinder the prompt completion of additional work, or havincr defaulted on a previous contract; I f) Lack of competency as revealed b re ahecks, financial stalement W Y I experience and equipment, questionnaires, or qualification statement; g) 131d containing speciai conditions, clauses, alterations, items not called for or irregularides of any ldnd. which in the �Nmer's opim,'on may disquali ° the Bidder. fwrVr%j,,; -ight to waive any irregularities However. the City of North Richland Hills res" the r and to make the award in the best interest of the City of NorEh Richland BID EVALUATION Award of , bid. if it be awarded will be made to the lest responsible bicider or may be I I awarded to the bidder that offers the goods an&or services at the best value for the City (Texas Local Go-v erns ent Codf--, '252.043"), In determining the best value. the City will consider the following; The p u rchase- price; terms and disc o ants; d e I i ve ry schedu I e; b) The reputation of the b i d d er and of the bi d d er" s goods or services; c) The quality of the bidders' goods or servict.,,-s: d) The extent to w1iich the bidder's goo&- or SCT-Vlcr-�. rnect the City specifications and needs; e) The bidder's pat relationship with the City; f) Total [one tear cost to the city to acqui re Lh.e bidder's goods or services g) Any relevant criteria specifically listed in the specifications; h) Compliance with all. State and loc-al laws, genera) conditions and Specifications; i Results of testing, if required; j) Warr art ry and/or guarantee maintenance requirements and performance data of the product requested; k) City's evaluat]OTI of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award Fill be made within sixty (60) days after the opening- of bids. No award P, will he made until after lnvestigations are made as to the responsibilities of the best bidder. 11 he Ciry of North Richland I fills resenTes the right to award bids whole or in part when deemed to be iii the best interest of the C ity. tidier 5hall state on hid fo rm if their hid t1 all or none " � otherwise it shall be Considered as agreeing to this .9ced on. Lnfortnation contained In submitted bid documents shall not be available for inspection uritil after Lhe award has been made by Lhe City Councii. Requests for Lhis lnfo=ation must be submitted W writ inc, W, GENERAL CONDITIONS 7. ASSIGNMIENT The s access Cul bidder may not assin his/her rights and duties under an aww-d without the written consent of the North Richland Hills CIT-v Manager. SuchL=srnt shall not reheve the assignor of liabi 11 iN in the even( of default by his assignee, 8. SURSUTUTIONS/EXCEPTIONS Exceptions /variations from the sped f cat i ons may be acceptable provided such variations, in each imstance, is noted and fully explained in wti-tin g and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award ofbid without psi or Wei tton approval by the Purchasing Manager. 9. DELINTRY / ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the p'-C.-rjod elapsing from. the time the order is placead until the City recd ves the order ai the specified delivery location. A1.1 material shall be deiivered F.03. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of ion ',h hl and Hills of any defiverN shall not relieve the Contractor of any parantee or waTranq-.. expressed or il-npficd, nor q-half it be cons idered an acceptance of niaterial not in accordance with the specifications thereby waiving the. City of North RlchJand Hills right to request W 0 -.P rep lacernorat of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty whdch'is delavm'cr or threatens to deia�; Limely performance, written notice shall immediately be C7 oriven Lo the Purchasing Manager, stating all reievant information. Such notice shatt not in any wad' be construed as a waiver by- the Cit,.y, of any rights or remedies to which it is entitled by law. lk-iays in performance and/or completion may result in cancellation of a-_greement. 11. SALES TAX The Ciry of North Richland Hills is exempt L'Yom Fede-rall Excise and State sales tax,, th C re fo re Lix must not be added to bid. 12. TIE BEDS In the event of a tie bid-, State La W- provides' the bid or contract shall be awardEd to the local bidder. In cases where a local bidder is not involved, tie bids shall be awaked by drawin lots at the City Courici] meetin& or as othe-Mise directed by the Mavor. 9 j 13. BRAND NAME OR EQUAL If items are identifie d by a "b rand narn e T1 de s pti on., such ide nti fi cati on i s i mend eel to be de sc r jPLLj v e, not rc stril c-d ve, an d i s to 111 di c ate t he q ual i ty and c haracte rist i c s of p r-oducts that will be satisfactory. As used in this clause, the tcrm "brand narne". includes identification of products by make and model. Such products must be 6early identified in the bid as an equal prod Uct and published If' spec ications of the equal products offered must be included with the bid reply. W 15,14 V1 DIEM 01115COU1318 URK Bid eri n ur u q uad p rod uots w i I I he c onsi dered For a ward i f Bete 1 n e d by the Purchas i n f F Manager acid the user d epartm e nt to 'be ,4--q ua I i n at I m atenial re sp ects to the bar and name pr oducts. referenced. The decision of acceptable "equal" items or variations ill the s if ions will solely be-itbe, City of North Richland 11 . i pect icati 1 Unless the bidder clearly indicates in hds�her bid that he is offering wi "equal" pro duer, his bid shall be considered as n Cfenin ga the brand name prodtict referenced in the invitation for bids, 14. REFERENCES A minimum of three (3) references, preferably located within flie. Dal la,&Tor Worth Metroplex, rniLqt be subrTi1tted with each 'Did. Company nwne, coniakcvt and, phone number must be included with each reference. 1-5. PROHIBITION AGAINST PERS0NAL FINA!40-kLINTERESTIN CONTRACTS No em 1 1 ,ployee of the City of North R'chland 1-Mis shall have a di.rect or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by Lhe it (CIS.- , Standards of Conduct, Section TV). or 16. DISCLOSURE OF INTEREST PurSLI,ant to Chapter 176 of thr, Texas 1,ocal Government Code, a person. or agent I - of a person, who contracts or seeks Lo contract for the sale or purchase of property, goods, or services with the City of North Richland Hills must file a coi-npleted conflict of interest questionnaire which is available online at.ww-w.ethics.-state.tx,us. The conflict of interest questionnaire must be filed with the City Secreiary of the City of Noah F ichland Hills no later than the sL;vcnLh business day after the person L - r anent he aims contract discussions or negotiations with the City of North Rie-Wand Hills or sub-mits to the City of NorthRichland Mills an application, response to a request for proposal or bid, Correspondence, or another writing reiated to a potend al agreement with the C ity of N orth R ic Hand H11 Is. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Cyovernmeat Code. Ain offense under Chapter 176 is a Class C misdemeanor. 17. TERMINATIOXWON PERFORM-ANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract b the City. 'Fhe it of N-orth lei cliland Hills reserves the right to -exiforce the performanc,.:* of this contract in any maDner prescribed by law or deemed to be in the best mierest of the City in the event of breach or default of this contract. The City reservos-, the righl to terminate the contract immediately in the event the. successful bidder faiis to I-) Meet delivery schedules or, 2.) Otherwise not perform try ac c ordance with these spe c if cati. ons. 51"0 BIZZ-1t IfIrela 0 I'VORK Breach of' contract or default auttiori2es the City to award w another bidder, and/or purchase el se- Miere and charge the full increase in cost and hand ling to the defaulting success bidder. The contract may be terminated by either party upon written thirty (30) days notice Prior to cancellation without cause. 18. ATTORNEYS FEES Neither party to this contract shal I be entitled to attorney fees for any matter arising F, under this contract, whether for additional work. breach of contract, or other claim for woods, services, or compensation. All claims for artomey's fees are hereby %�e WAIVED. 19. INDEMNITY City shall not be I lable or responsible for, and shall be saved and held harmless by Contractor from and acainst any and all siilts% actl'ons, Jess es, dai-rages, claims., or liability of any harms ter* type, or description,, includin latins fir copyright and patent infringe ni ent and inc ludM all expenses of liticraLicm, coup costs, and attorney's fees fc)r m'jury or death to any person, or injury to any property, received or sustalned by an person or persons or propertv, arising out of, or occasioned by, di-rectly or indirectly the performance of Ccmtractor under this agreement, including claims and damaucs arisirio in part from the negligence of Clry,, without; %M however, waiving any governmental immunity available to the CITY under Tcxas law and without waiving- any defenses of the parties under Texas lam. The provisions of this index nnification art,- solely for the benefit of the pasties hereto and not intended to create or grant any riu.,htsr contractual or odierwisC., to any offier Person or entity. It is the expressed intent of the parties to this Agreement that the inde non ity provided for in this section is an indemnity extended by Contracwr to lndemnl l and protect City from the consequences oi � City's own necylicyence, provided, however, that the indemmirN, provided for in this section shall applv on1v when the negligent act of Ciiy is a coati -lbutory cause of the resultant ir�jury, death, or damaue. and §h all have no applicatf,c)n when thee negfigent act of -C-Ity Is the sole cause of the resultant injury, deah, 4)• damage, unmr�cd with the legal fault of another person or entity. Contractor furthcr agrees to defend, at its own expense, and on behalf of it and in the name of City, any claim or litigation braughL in connection with any such injury, death, or damage. The Contractor will secure and maintain Gc-)ntractual Liability insurance to cover this indemni5cation agreement that will be primary and non contributory as to any insurance maintained by the City for its own benefit, ire cludino self-insurance. 6 20. PERFORNL4NCF, A'-NTD PAYNIFEWT BONDS Inthe event the total contract amount exce-ed s $ 1 WOW the Contractor shdf 1 be required to execute a performance bond an the amount of one hundred (1 00) percent of the total contract price: if the total contract =ount exf;wds $SO,000 the contractor shall be required to ex we ute a pa ym ent bo n d i n the am ount of one feu ndred ( 100) pe rcent of the total contact price, each in standard forms rar this pLIT-POSC, LF ' uaranteeing faithful performance of work and guaranteeing payment to all -persons supply labor and maLerials or furrushing any c-quipment in the execution of the contran It is ap-reed that tl�s contract shall not ba! in effect until such performance and payment bonds are furnished and approved by the Ciry of W .0 W North Richland Hills. No exceptlojLs to this provision allow d, Unless otherwise approved in writhig by the It of North Richland Hills. the. surev., company undenvriting the bonds shall be acceptable aCcording to the latest I J-5t Of companies holding certificates of authority from the Secretary of the Treasury of the United States. Artomeys-ln-fact who sign lei d bonds or contract bonds rnast file vith each b*nd a cerii lied and current cory of their power of anomey. 21. INTERLOCAL AGREEMENT Saccessful bidder agrees to extend prices and tenns to all entities who havc centered into or will enter into joint purchwing interiocal cooperation agreements with th.-l- it of North Richland Hills. Due care and dilipence has been used in preparation of this information, arid it is believed to be substantially correct. However, ihe responsibility for determining the ful.] extenT. of the exposure and the verification of all infomation prp-se rare d hei-ein shall rest solely with the bidder. The it of Noith, Richland Hills and its representatives %A.-ill not be respottsible for any errors c)r omigsicns in these specifications, nor for the thl- lure on the part of the proposer to deter-nine the fult exteni of the exposures. INSURANCE REQUIREMENTS C on uac tors p erform ina w o rk- o n C i Ev Property or p ubl 1 c ri gh t- of-way for th e C J ry 0 f North Mchland Hills shall provide the Citv a certificate of insurance evidencing the W cove-rages and caverage provisions identified herein. Contractors shall provide -the City idea ce that al I su bcontractors perform in o wo rk an the s and pro ' ject have the same type amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion. niav require a Clerti'fied copy of the policy. All insurance comiganies and cover aoues must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be accet3 tab le to the City of North Richland U111 s. Listed below are the types and amounts of insurance required. The Citv resai-ves the right W to arriend or require addition types and at-nounts of coverages or provisions dcpend ire g on the nature of the work Type of Insurance Amount of Insurance Provision I Co m m erc'l a] G' e ri c ral Li ah i I i l to S 1 000,000 each occui7encc, Citv to be listed as additional include cover as fiur-d S 1,000,00!0 or en era] agars ate; j nsu red an a' p rov ided 3 3)0 day-n ot? Ce ;a� Premises /Operad 01M S of caned I I ati 0 in or material change b) P roducts/C orn p I eted Or in coverage Operations c) Independenr Contractors $1 000 000 combined sinc gle 11miTs - hat insurer be rated City prefers d d) Personal lnjui-y B+V I or higher by A. NL Best or A e" Con tractua I L iah i J. i t or higher by Standard & Pours er f) PersonW/Advtisilig 1111ury g) Medial Expense h) 'Fire Legal Liability ground Hazard I ') Underg j) Explosion/Collapse Hid k) Patent lnfrinpmeni 1) CopyriEhl Law vloiat-1WIS $500000 Piabili 2. Consuitants., architects. enaineers, . rofe ssiotial L t-V L.andscape design specialist, other with prop fT-hat arrarerrate is still 2rofessional services -available. Workers' Compensation & Statutory Li nits Aftemate employer endorsement Employers' Liability $500,000 each accident . regul L'aU A 4. Comprehensive Autoiiaoblle $500"000 Combined single limit Liabilivy hisuranct., including for bodily injury and prnperty coverage for loading and unloading darn e hazards, for a) Owned/Leased Vehicles b) Non-Owned Ve cles c) Hired Vehicles A, PURCHASE ORDER WILL NOT BE ISSULDNVITHOUT ENIIDENCF OF LNSURAINCIE. Advertisement Surve-%.. i Q'r-thRih'd shal n of _. . cI&nHH6 l inc'I,u&.th' iTla - RF'B Numt�er: Bid 'rifle; rwnft &M Submittal Deadline: 151-lk- Purel-a-sing Department 7301 Loop 1.() Submit to: North Richland Hifts, TX 76180 81742"1-6150 .... . Didder"kn-fo-t-niatiOn . . ... . . ....... Bidder's Legal Name: Ad d res s: City, State. & Zip: Federal EIN: s Cn Lc C� YSZ Phone Number: Fax Number: E ntail Contact -Name: 17� Address: Bidder Authorizatioll 1. the, tinders igned, have the authariry to xecute this Bid in its entirety as submitted and enter into a contra:21t on behalf of the bidder. Printed Name: Title: "IIN Signature:( J Sianed this Y) o (month),, (year). I learned of this request for bid by the following rneans: D Newspaper Advertisement El City Email Notification 20'North Richland Hifis Website Cl Cold Call to City EI Mailed Me a Copy 0 Other NON-COLLUSION AFFIDAVIT OF BIDDER State of County of _ � [��.'r� ]`� verifies that. (Name) (1) HeShe is mvner. partner, officer. representative. or asient of , has submitted Lhe attac-hed S�t�m dizE bid. (Company Name) (2) He./She is fully informed in respect to the preparation. contents and c�rcumstances in regard to attached bid-, (3) Neither said bidder nor any of its officers, partners, agents or employees has F in any way colluded, cowspireel or agreed. diredly or indirectly with any other bidder., f= or person to submit a collusive or sham bid in connection it attached bid and tie price or prices quoted herein are fair and proper, S I G'-,N U RE C*e:.f PATTED NANE Subscribed and swom to before me this day of -Cj)�M — 210 13. AA :CRY P UB L [C in and e xyp- nA- C ounty, Texas. My c)nimlssion expires 4-- a bI Le 06 LARISSA M. LOPEZ Notary Put)j1c, Stote of Texas 4: My Commission ExpireG CW December 06, 2016 THIS FORM --MUST BE CONIPLETED, NOTARIZED A-N.-D SUBNUTTED WITH BID in ?P Uk\ ar_vras1 m 2. »yn3axom Is your principal place of business in the state of Texas? STS NO If "NO" state address S\tv\�015 i - 1��aln j 6tr(NP�Lo.bC�q If "YES" state address DefinitiOrl'. "Non-Resident Bidder" - A bidder wkose principal place of business is m—,t in the state of Texas, but excludes a contractor whose vIumate parent compamp! or niajority owner has its prIncipal p lac 6a- of business in the statt of Texas. rlRes id en t B I drier'" A bi d der wh.ose principal place of business is 'm tle state of Texas W and includes a contractor who.se utta'nate parent compan-N/ or ma ority owner has its principal place of business in the state of Texas. s�v�� G-�� Is 11reta'a WDOU83011111 Disadvantaged Business Enterprises (DBE) are encouraged to participate in the CitV of Nurth Richland Hills bid process. Representartives from DBE Companies shouild ident'l themselves as such and submit a copv of their Certification. The City of North Richland Hills recognizes the certifications of both the Site of TexasRuildina to and Procurement Commission H U R Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Prouam 1711 San Jacinto Blvd., Austin TX 78'7001-1416 P 0 Rox 13186, Austin, TX 78711-3186 ( -51 46,E -5872 http: //w'%-w.window.state. tx. us!_Procu remen Uvroejlh u b/h ub-certificatio ul North Central Texas Regional Certificatiojo Agency 624 Six Flags Drive, Suite 216 Arlington, Texas '16011 (817) 640-0606 h tt P: //%ir";'w. n c t rea.()r /e ertifi c a t i o n. h tni I If vou r COM Pa T) V is already certified, attach a copy of your certific-ation to this form and return as part of your packet. Compan'v Names: Representative: Address: City, State, Zip; Telephone No. Email address: Fax No. INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Wom erg - Ompned Business Enterprise Disadvantaged Business Enterprise 12 Traffic Signal Light Infrastructure Upgrade Specifications Int.-ndur-finn - This project is intended to provde enhancements to 15 of the cit s traffic signa.1 lights. There2re nine (9) intersections located on Boulevard 26 and seven (7) intetsections on Davis Boulevard. Upgrades will be in the form of painUng the traffic signal poles, mast arms, associated brackets and replacing traffic signal heads and pedestrian indication head s. The contractor that is awa r this contract wi I I be respons i b ie fog' t he e n ti re surface preparation/painting process and the installation of the city provided signalization equipment Base Bid Pa Enhancements planned at the 16 intersections will require surfaw preparaflon/painting of all traffic signal poles and mast arms. In some cases sta ndalone poles exist to acco m m od a te traffic signal he ad s or pedestrian Ind icat i a n heads. These poles wi II require the same surface prepa rat ionipainting process as the signal poles and mast arrns. ther i ern requiring the ccrtraCtOF tOpaint includes but is not limited to; a Luminaries Mounting Arms and Associated Brackets a Traffic &gnat Video Detection Camera Mounting Poies and Brackets a Traffic Signal Pole Bod Flange Although our intention to have each intersection appear as uniform as possible, there are surfaces that shall not be included in the surface p rep arabon/painning process. The folkWng items shall not be painted. * Traffic signal cabinets * Luminaries Fixtures * Traffike: Signal Video Detection Cameras * Traffic Signal Video Detection Camera Krieg a Free Wave Spread Spectrum Radio Antenna and Associated Wiring 0 Traffic Signal Pole Concrete Foundation PToduct and Materials-. Paint shaf! be Sherwin Williams Shers HPA, Ac ficsemi-gloss or any equiva1ent product by specifications and warranty. Finish Coat Paint coJr shall I>e: Black 13 Traffic Sig na I Li g ht In r tr u ctu r pg r e - Sped f 1 cat io n s Product and Materials Confinued- Contractor proposed products other than that of Sherwin Williams must be equal or batter intheir performance specfficat-lor Contractors shall S ubmit paint specffica i ons to the P I c Works Department for approval. Approved coating materials for each surface shall he of one manufacturer and no mixing of diff erent types shall be approved. A sampie of the approved coating materials in the approved color shall be subm, Itted to the City of North Richland Hills pricr to the beginning of any coating being applied. Thinning of finish coats shall not be allowed without expressed consent from the Public Works Department. The number of coats shall be governed by the paint's ability to cover base materials and prod a uniform and approved finish coat determined by Public Works. All prime coats shall contrast the color of the approved finish coat even if that requires the prime coats to be tir-.ted. Pptparafion of Surfaces: Most surfaces wfil be galvanized metal withiout any pdor ccating. These surfaces may not require too much preparation but will still need to be free of any dust, grime, or any other contaminants before applying any coating whether primer or final coat, some surfaces may be previously painted or previou!sly powder coated and will require more preparation. Preparing surfaces prior to prime coat shall include activities such as but not limited to, • Removing afl loose paint through methods of scraping, sanding or brushing to provide a smooth paintable surface • Remo vi n g. areas of surface rust through methods of scra pj ng, s an d ing or brushing to provide a smooth paintable surface • Surfaces shall be clean, dry, and free of dust prior to the appiication of any material Site Conditions: Contractor m sl comply with the man ufacture-r's recommendations as it applies to environmental conditions that govern when/how their product shall be applied. Contractor shall not attempt to paint in wet or damp condftions, or apply painI in area where d-ust is being generated, Paint/Primer, II on. The City of North Richland Mills' intends for all surfaces that are to be painted to rece-rVe one coat of primer and one coat of an approved final coat. The two materials must be f rcm one m a n ufa cture rs coating system - If priming c oats or final coats do not cover 14 i rarric znignal LignT inTrasT rust ure upgrade pecnicartons Pa int/Prime r 6ppli a tion C o nt in u ed.-, 100% of the intended area, successive coats will follow at no additional cost to the it of North Richland Hills. Sufficient coats will provide uniform color, cover base materials., cover ba re metal F a nd Pr id-e a cceptable fi n ish res ults . Should the Contractor choose to add enhancing products to the paint, the color Shall not be altered from the approved color- All enhancing products shall be approved by the Public Works Department prior to applicabon. All pdmer materials or fi nal coat shall be applied in a manner consistent with the manufacturers recommendations. The rollers, brushes, and spraying equipment should be suitable to produce a quaRty semi-gloss finish. Access paneis and traffic signal pole caps shall not be painted shut or in place. It will be necessary to remove these items to apply the coattng material so that their operation is not hampered by cured paint material. Access panels and caps that are removed during the coating protes shall be reel aced immediately following the application of any coating. All materials shall be applied- evenly with the manufacturers recommended ftim th 'Ic line ss. Coatings shall be free of runs, sags, skips, and other defects. NeWy painted areas where defects occur will be rejected and reps inled at, the expense of the contractor. Defects such as runs, sags, and other defects shall be removed by methdds of sanding or scraping to remove defect and repainted. Hardware, hardware accessories, iighting fixtures and other items not intended to be painted shall be protected prior to painting, The protection shall be removed ire after coating is applied. Contractor shall pay close aftention to not painting over Underwriter's labels, fusible iinks, pole identification numbers or recessed screwis. Cver spray and other materials shall not enter any streams or any other water way nor come in contact with pedestrians or motor vehicles. Traffic Gontroi: Traffic control throughout all project locations is of high importance and the sole responsibility cf the contractor. The contractor will be responsible for mai-ntaining traffic control devices according to the Manual on Unifxm Traffic ContrDl Devices UT D) at aII times. The contractor shall submit traffic control plans at each location prior to beginning work at any location. One lane of traffic shall be open in each direction at all times unless otherwise approved by the Public Works Department. 15 Troaffic Signaf Light Infrastructure Upgrade Specifications In-stalia-tion of raffic Sional Eaubment The City of North Richiand Nils rill provide all necessary pedestr'san heads, pedestrian LED's. pedestrian push buttons/back plates and traffic signal h back plates for this upgrade project. The city will also provide a limited number of Astro-Bra cs -in the event the existing brackets cannot be re-used. For Astro-Brac instaliation use an anti-seize thread lubhcant on all threaded connections and install according to rnanufacture,r's specffications- All new traffic signal heads will be installed in a horizontal position even if the orig.inal heads were mounted vertically - Exceptions to fts are vertioal 5-section heads mounted to the traffic signal pole. Existing traffic signal heads, pedestrian signal heads and pedestr an push buttons Iback plates will be returned to the North Richland Hills Pubiic Works Department. The number of new signal heads and pedestrian push butons being taken to the fieid for installation will need to m-atch the number of old equipment coming back to the North Richland Hills Public Works Department. Some locations have existing 5-section vertical signal heads that wifi be replaced with 5-section doghouse style heads. When installed, new signal heads shall be highly visible. The primary consideration in signal face placement, airning and adiustment shali be to optimize the visibility of sl nal 19 i rid icy bon s to approaching tr2fflic- Rc users approaching a signalized intersection shall be given a clear and unmistakable indication of their right-of-way assignment- Partial/Final Pav Estimates: The contractor can submit monthly estimates for payment if work is progressing and is of acoeptab le qualfty- Payment for urn a cceptable q ua I or poor workman ship will not be d i strip uteri a n d re ected u nti I s uch ti m e that th e cond iti Dn i s rectifi ed. P ay estj mate s d 0 n-ot ccnsttut acceptance of the final product. If at a later date defect ve work or material is discovered the contractor will be -responsible for corre in the defect at no add loon al cost to the City of North Richland Hills. Partial/Final Pav Estimate Order of Custod It is pertinent the contractor follow the order of custody to eliminate delays of partiallfinal payment. At the end of each working month dun+ng the exeOution of this ntract, the contra ctoff wl Ii notify the C it Rep re se ritative when the m oath ly estj mate is Corn p I ete The C ity R e p resent ve w i 11 review s a I d esft m ate and either rev ise a nd req uest the contractor to re-submit or approve for payment- Traffic Signal Li- ht Infraozslructure Upgrade Specifications Normal Contractor Working Hours: The Contractor's normal hours for work will be from 7-30 a.m. to 5:30 p. ,m. any day of the week exoept Saturdays, Sundays and holidays. Construction before or after these hours will o be allowed if it is determined by the Public Works Operations Manager to not be disruptive to adjacent property owners. Protection/ Restoration of P ropejrty: The contractor must Make erVery effort to protect private and public prope .t from damage and destruction during the painting / equilpment installation process. Over spray spillage, or dn-pping paint onto d' cent pflvate or public property or vehicles will be pi I I prohibited. Contractor will be responsible for damages at no cost to the City of North Richland Kills result'ng fruni over spray, spillage, drips or damage to public or pr rate property. The on Tractor shall p rotect fres h ly painted surfaces fir o m rain, moisture, condensation, dust and debris until such time paint has cured. Base Bid TrafficlPedestrian lnd bon Signal Head Replacement: In addition to paintng traffic signal poles and mast arms this project encompasses a complete rep lauernent of the yellow colored traffic signal heads, pedestrian indication heads and pedestrian push buttons to black colored equipment. The CIy of Ncrth Richland Hills will -supply to the contractor the appropriate traff ic signal equipment and associated brae is and the contractor will be responsible for their correct -installation. EgPipmeat Inventory and Check Out-L The City of North Richland Hills performed a pre-construction inventory of the included intersections; therefore we have a list of equipment for each intersection that is planned to be replaced. The city will be responsible for procuring the needed equipment not the paint. The contractor however will be rer>pon sib le for picking up the equipment from the City of North Richland Hills Public Works Service Center located at 7200 A Dick F'tsher [kive South. The contractor will be required to meet with the designated co representative and sign out each piece of equipment removed from the service center. The contractor N s strongly urged ta inspect each piece of equipment for sign!5 of darnage and/or missing pieces. After removing equipment from the Public Works Service Center the contractor heroines respDnsiblie for each piece of equipment. If after leaving with the city supp[icd equipment any damages, lost, stolen, or otherwise unacceptable equipment shall be replaced by the contractor at no cost to the it of North Richland Hills- 16 Traffic Signal Light Infrastructure Upgrade Specifications Estimates not odg in a tin g with the d es ignated City Rep rese ntative will not t>e paint therefo-re causing delays in the contractor receiving payment. Measure �ent/Payment of Quantities: Quantities within this projetCA are to be considered Lump Sum. Lump Burn paymenis for e a c h item will I be pa i d when a complete unit is complete, N o partia I or pe rcent co m p lete payments for Lump Sum Item s will be distHb uteri . Estimated Quantitv: Quanbties included in this projec:t are only estimates contractors are strongly urged to inspect all aspects of the project to fufl y understand the s e and complex� y of the project. Additic)nalfy-, intersections could be eliminated after bid opening due to budgetary con straint,5 . Final Inspgction: At su c h ti m e a s t h P, contra cto r and the city re pre se n tat ive agree that the wo appears In be complete. A final walk through or final inspection will be -scheduied. The final inspection will constitute a thorough inspection of each location induded it t1he project and serve as the City's vedfi ca tic n that the work. is substantially complete. A punch list may be created during the final inspection. This punch list must be completed entirely before such fl me as the city will consider final acceptance- 18 BID FORM BID #13-028 Trcalffic Signal Light Infria:;structure Upgrade Specifications P-Joiect Locabors and Intersection Specifics: Total Intersection j � 1 9, ltd' Enhancement Cost i A # of 3 9 Of 5 0 at yip ent Paint Wit) Tctal 111tusecOon SeLl Ion SecfiGn sectbn Pedwnan Pedestnan Rep4acernenj lriters�achan CasblntersMian Hazds Haids Heads lndk2fm Pusih C41VIrlemecliao Signal Heads BLMOM 1 r- @ Snow O Rufi� mm . �S9 2, SoWevard 26 0 .0 0 L419 0 Vance Rid Boulevard 26 10 I 0 jo 010 ?L BouWvard 26 g 4 city P010A Drift 6 4 0 4 (,Formerly Road A To The MA LU Boulevard 26 @ 6 3 2 4 RM:r Lme 26 to 8 1 4 4 20UU, 5-11r Strummer C1. 7 Boulevard 26 9 2 1 4 P Harwwd Boulevard 26 Erne raid Wks 6 1 2 A. Way Boulevard 26 6 0 2 A 4 NRH20.qCC .0, Mapwwocod 0 '2 Harwood 2 A 4 4 I& Lois Udye Davis Boulevanj 413. Emeraki HAs 9 4 4 LIN 14. 2 4 4 5E) iD Lge Circire Davm Bou levard A 4 Mam SL.Nw Road Total Intersection j � 1 9, ltd' Enhancement Cost i A BID FO,R.,Nl CONTINUED BID 4 13-028 The LIndersifined, insubmitting this bid, rep rc-s erg Ls and certifies: a. Hel'she Is fallyw'fon-ned regarding the preparation, contents and circurnsiances of the attached bid; b- He/she proposes to furnish all eq-utpiTient/gervice at die prices qijoted herein and bid is in strict arc ordance with the conditions and specifications stated herein, c. There will at no time be pleaded .4.1,1ther a misunderstanding as to the. intent of the specifications or conditions to be overcome or pleaded after the bids are opened- d. Ile/she is an equal oppertunity employer, and will not discriminate with regard to race, color, national origin, age or sex in Lhe perflormance of this contract. C O-MT-kN ADD-RESS: 11411-1 CIFFY.5 Sr YAJ'F, & ZIP-M TELEPHONE: t 0.26' FAX: EMAIL. �Y 1 '�°D�f`+tY''��' CC7�Yl SIGNAT PRINTED L 7-1�- 4fi)c D- DATE. qjq Lf Notifications Report A-gency City of North Richland Hills Bid Number 13-028 Bid Title Traiffic Signal Light Infrastructure Upg Fade Vendor Name State ACUMEN ENTERPRISES. 4NCTX Dasecom Inc TX CENTERLINE WIPPLY LL C TX CP&Y, Inc- TX DKS Assmiates TX Durable Specialties, Inc. TX Oynamic Vision Co lnc TX F I orida Traffic Co ntrol 0 evices TX Highway Intelligent Traffic Sfirst' TX Highway Intelligent Traffic Systo TX H J D Capital Electric Inc TX HUD Capikal Electric. Inc TX Independent Utility Constructiop TX I. S. Engineers TX J a keco Cori structi on, Inc- TX JAM CO Ventures LLC TX Jimerson Underground. Inc TX jpI electric TX KH Consulfirig & Design, Inc. TX Martin Pena TX W-1faw-Hill Construction Dodj TX M & M STRIPING AND PO WE TX Paradigm Traffic Sys teems - In-c, Tx Pfeiffer & Son, Ltd. TX Reliable Signal & Lignting Solu TX Slemeris ITS TX 3 ernens ITS TX Statewi d e Traffic Sig n a i Gompz TX StFucture I & Steel Products, Inc TX TEXA S H IG H WAY P ROO UC T TX The Fain Group, inc- TX Traffic Engineers, Inc- TX I RAFFIC PARTS INC TX Traf-Tex; Inc TX Traf-Tex, Inc TX TraStar, Inc, TX Waller P MaorLn and A-asoc iate TX Business Type Invitation Date Email Reason Invited 2013-09-10 12 13:46 Wayfleftacurfien-anterp1sw.c< Bid Notificat'10111 Invited 2013-09-10-12-18-46 00axaca-9 -base cromincd-corn Bid Notification Classificatiion 2013-()9-06 13,14,09 JASON BARRETT(gCENTERI Bid Notch calion Class Kication 2013-09-06 13,14,09 klozares,@cpyi.com Bid Notftatiorl Classification 2013-09-06 13,14-09 jayQrTi-enginm.cm Bid NWifi cation C lassif Fc�atlo 1`1 .2013-09-06 13.14"019 kelth@durable5pecialtieg.com Bid N011fi cation Invited 2013-09-10 -12-.18,46 'holopeZ& ern vision. net Bid NcAifi cation Classification 2013-09-06 1.3.14-09 ftcd@-tcd. cc Bid Notificatiorl Clarssiti-catiOn 2013-09-06 13-14-ft brittaln@,Ulccllst.com Bid Nei ificaLion Invited 2013-09-13 13-26-18 pia yabIes@highwayjjq.C*M Bid Net ifi Gation Invited 2013-Cia-10 12,18-46 cu sto rnerservioe@hjdca Pita I - cx Bid Notifi caUon Classification 2013-09-06 13-14 -Dr., dbl@kemanL&hjdcapiLa1`.wnn Bid Notificabon Classifi cation 2013-09-06 14-.40-42 rwolfe@ium �m Bid Notffjcabcn Classification 2013-09-06 13-.14.-Og barry-vande-rwalt(pis-c-nglneefs Bid Notification Irrvited 21313-09-10 12-18 46 Jacoinc@aol.corrii 131ol Notification classifircation 2013-09-06 13,14.09 johnvpjamcovenillures.com 8 1 d' Notification Invited 2013-0.9-10 12-28,39 allicia@jimeirsan net Bid Notification C 31ass'fi cation 2013-09-06 13.14-09 j Ixglobal. riet Bid Notiflu-ation Invited 2013 -0 9-1 D 12,28:39 harshacI.patelAkhc;d.ccm Bid Notification Classifi cation 201:3-09-06 13 14 G19 sa s@de Itas"i g nsup p ly corn 1130 Notification Classificatioci 2013-09-36 1314 09 Peggy. koehngm hfi i cam Bid Notification Classification 2013-09-06 13:114 09 infogmMEPWsprVices mm Bid Natification Class ification 2013-09-06 13 14 09 esfirn acing 4paradigmtraffic.wr Bid Notification Classifir,abon 2013-09-06 13-1.4-09 mike @pfelfferandson-com Bid Nth tjori Classification 2013-06-11 13.,04:39 rdelcid@rellable -signal .com Bid NQftfficatlon Classification 2013-09-06 13.14-09 janlce—sabbagh25ienriencs corn Bid Notifiration Classification 2013-09-06 13-14.09 Jason OredSiemens-corn Bid Notification classification 2013-09-06 113.14-09 fspa nose` starewice-traff,lu oDrn Bid Notification C I assificafic n 2013-09-06 13 14-op robi n@:s-steel, corn Bid Not ifi cation Classification 20113-09-06 13-14'G,9 admen traffic m Bid Notificaficin 01assification 2013-09-05 13-14-09 1fraver(afaingp coal Bid Notification Classification 2013-09-�DEI 13-14,09 brade@trafficengineers.Gom Bid NoVication Classification 2013-09 DG 13.14-.09 phyllis(ptrafficParts.com Bid Nobfication Gliassificati0r) 2013-09-06 131-14-09 timstoker@trat-jex wrti Bid Notification Invited 2013-0!9-10 12,28.39 mreyna(ptraf-tex.com Bid' Notification Classifi cation 2013-09-06 13-.14-09 bids @trastarusa.com Bid Notification Classification 2013-09-06 13-14,09 Idiixon@wa1terprnoore,ccm Bid Notification pL 1.1114 L N A RE A 3 pU T A CL*I Trf i c 31 1 F"I 4 LWI` NEW A .11, 7 Signal Light J_ L IV Infrastructure Upgrades D I Oyq F.PL Up' Ly iL LD #fk �10 Tr' f i Signal tight rr Infrrutur6 Upgrades i �,� 1 4 M'0-y .01 I:m w 0 LOD K%10 15 in'tersectio'ns) IN I mr z L % I i ! � I INC r I Ili � I MA NORTH z �1?11' 16% I I R C H L A N D I L r :11Z IN CIA D- EV L k::M A C yi F-1 L T-a in m L5. Ilk 16 it 1141 9w Project LDcatcr Map MILE, P1 _T L w my it Fe PPL U > % L A U --l---T-- r Scale, 1 ®1 ;-- 3000' 14 JUN 12 gwn-dard Mapa%CIP S_Traffic�_LiUhLlrtfraisbructure UpgWas_mxt vnfarm a Non S "rwes Dm13 m rtm ont - �cu:3r�:� 1i s. F t4ftH K0ltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cate: 10-14-2,013 Subject: Agenda Item No. EA Authorize the City Manager to Execute an Ii me rl cal Agreement Between Tarrant County and the City for Road Construction Work on Eden Fad Presenter: Jimmy Cates, Operations Manager Summer: City Council is being asked to allow the City Manager to execute, an interlocal agreement between Tarrant County and the city for road construction work on Eden Road d from Amundson Drive to Marti Lane. Tarrant County will be assisting the -city with the road work. General Description. Eden Road is part of the 2013 Preventive Street Maintenance Program that was approved by ity Council on September 9, 2013. Approximately 1,250 li near feet of pavement will be removed and the sub -grade reworked and stabilized by Tarrant County. Once Tarrant County completes the sub -grade stabil,izationi of the roadway, Public Works staff will place new asphalt pavement for the driving surface. The terms and condition of the agreement are attached. Basically the city will pay for materials, trucking charges and one half of the fuel used by the County for the sub- grade stabilization of the roadway. Once the agreement is executed, staff will coordinate with the county to schedule the work. At this time it appears that the road work will be completed sometime in earl 2014. Recommendation: To authorize the City Manager to execute an interlocl agreement between Tarrant County and the city for road construction work on Eden Road. Eden R d 7/18/2013 Limits: From Amundson to Marti Lane 1,254 If Mapsco 38 R Existing Condition: The roadway is not structurally stable. There are numerous base failures, pot holes, large surface patching and there is mode rate to sere cracking. eve ral sections of the roadway are moderately distorted and the ride quality is below fair. There is some edge deterioration. The e A sti ng asphalt surface is o idized, there are tNo manhole covers and three water valves. Scope of Work: k: F ec la i m the e i sti ng road lied mater i als, remove fo ur i roc hes of rec IN med mated al a rid stock le for f utu re use, emli me stabi size the recycled material (29 ft. pride and eight inches deep, 28,# per sy), recgrade and prep for asphalt. City will place the asp ha It and clean up the jobsite. Project Size: RoadvA a Length = 1,254 f. I oadvv Width: 20 ft. Stabilization Area: 1,254 x 22J9 = 3,065 s Esiirnate: Roadway Materials: Square Yarc Rate /SY Cost E ti mate Final Esti mate S Fi nal e n inre 3,065 28 91sy 8185.00 $,�tn 42..91 to to 8 7.060.15 F ri me .1 3,085 0. 15 gal/sy 8 1.32 $ ` al 459. 8 gal gal $ 898.87 F .A. P. 1,254 0.035 tn,� If $,�to 48.9 to Igal to $ - Water 80.01 $,` al gal $ - Fuel 2,228.5 1,118.18 ctrl ping 1,254 S 0.15 $,, If 1,254.00 If If 1 188.10 Sub Total 8,988.30 Materials + Nli sc Cost 8,988.30 10% Contingency $ 898.83 Total; 9,887.12 osts based on J u It' 2813 p r ice q u of es. Construction Time Estimate: 9 Working Dart's Comments: City will provide a staging /storageldisposal site City will provide a water meter and' garter for the entire project pity will adjust all utilities, mmnholes and valves for this project City will provideipay for traffic control and supplies Road will be closed to through traffic during work hours Northeast Sub-Courthouse 645 Grapevine Hwy., Suite 6 Hurst, TX 76054 (R 17) 59 1-3600 (817) 581-3603 - Fax August 28, 2013 41k V COMV 2�. ■ % ■ TARRA1Vr1 COUNTY GARY FICKES COUNTY COMMISSIONER PRECINCT NO. 3 Mr. Mike Curtis Public Wof Director City of North is liland Hills 7301 NE Loop 82-0 North Richland Hills, Texas 76180 Dcai, Mike: Southlake Town Hall 1400 Main Street, Suitt 410 Southlake, TX 76092 (;R17) 481-8234 (S 17) 481-8053 - Fax Enclosed are five copies of the Interlocal Agrccrnent bemFeen 'Fa rrant County and the City of North Richland Hills for work to be performed on Eden Road from Amundson 10 Marti Lane. Please wrange for this Agreement to be placed before the Nortli Richland Hill's it Council fior approval. After it has heen signed by the city, please, return four ftilly executed copic-s and the signed Notice to Proceed to this office. As soon as it approved by Comniissioners Court, I will return one fully executed original, to you. W Thank you for your assistance. IF YOU have any questions, please give me acalt. Devin Wenske Assistant Precinct Administrator eves. gi,yfickes@tarra.nicounry.coni NOTICE TO PROCEED The City of North Richland HMIs hereby notifies the County that the County may proceed with this Project, as specified in the attached Agreement, on or after (month/day/year) Authorized City official City of North Richland Hills Eden Road from Amundson to Marti Lane V lam. WIZIN0812111110XIMIN A re T all 6. Lail] L INTERLOCAL AGREEMENT BACKGROUND This. I rite rlocal Agreement is between County of Tarrant ("COUNTY 11 and the C ity of North R ich la nd H i I Is ( [cc Fry FP ) I Sections 791 F 001 — 791.02 9 of the Texas G overn me rat C ode provide lega I authority for this Agreement; During the performance of the governmental functions and the payment for the performance of those governmental functions the parties will make the performance and payment from current revenues legally available to that party-, and The Commissioners Court of the COUNTY and the City Council of the CITY each find: a. This Agreement serves the common interest of both parties', b. This Agreement will benefit the public; G, The division of costs fairly compensates both parties to this Agreement, and d, The CITY and COUNTY have authorized their representative to sign this Agreement- The Parties therefore agree as follows: 1. COUNTY RESPONSIBILITY COU NTY will furnish the labor and equipment for the following projects, Eden Road from Amundson to Marti Lane: the COUNTY will reclaim and recycle the existing roadbed materiat remove four inches of excess material, incorporate cemlime as a stabilization agent., regrade and prep for asphalt. (Approximately 1.,254 If.) 2. CITY RESPONSIBILITY 2-1 CITY will furnish all materials for the projects, pay trucking charges and one-half of the fuel used on these projects. 2.2 CITY will furnish a site for durnping waste materials generated during these projects. 2.3 CITY will furnish all rights of way, plan specifications and engineering drawiings. 2.4 CITY will furnish necessary traffic controls including Type A barricades to redirect traffic flow to alternate lanes during the construction phase of the projects: and 2.5 CITY will provide temporary driving lane markings. 2.6 CITY will coordinate and be responsible for the replacement of all signal related devices. 2-7 CITY will provide the COUNTY with a hydrant meter and all the water necessa ry for a I I of the projects at r o cost to the CO U CITY. 2.8 CITY will adjust all utilities, manholes and valve boxes. 2.9 its agrees the road can be closed to through traffic during working hours. 2. 9,1 CITY will place the HMAC binder course and HMAC surface and clean up the Jobsite for all of the projects. ® PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for these projects. If the CITY has a complaint regarding the construction of the projects, the CITY must complain in writing to the COUNTY withir 30 days of project completion, Upon expiration of 30 days after projects have been completed, the CITY becomes responsible for maintenance of the project s- r*]k1J11iJ LIF Tin is agreement does n ct waive CO U N TY rig ht s Li rider a I eg a I I heory of sovereig n immunity. This agreement does not waive CITY rights under a legal theory of sovereign immunity- 5. OPTIONAL SERVICES 5,11 It requested by CITY, the COUNTY may apply permanent striping; 5,2 If necessary, COUNTY may furnish flag persons', 5.3 If required, the CITY wii pay for engineering services, storm water run-off plans, and continuation of services and plan-, 11 CITY will give the COUNTY notice to proceed at the appropriate time- However, COUNTY is under no duty to commence construcftn at any particular time- r 1. 11 ON 1111:7.11 Z41 WA The parties do not enter into this contract to protect any specific third party. The intent of this contract excludes the idea of a suit by a third party beneficiary. The parties to this agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 8. JOINT VENTURE & AGENCY The relationship between the parties to this contract does not create a partnership or joint venture between the parties. This agreement does not appoint any party as agent for the other party. 4;1;1 =101 9 KFA a MAN 1L;; This agreement becomes effective when signed by the last party whose signing, rn a kes the ag rem e nt fu I ly executed. CITY OF COUNTY OF TAI ANT Date: Attest: COUNTYJURGE Date: Attest, APPROVED AS TO FORM APPROVED AS TO FORM CITY ATTORNEY ASSISTANT DISTRICT ATTORNEY * By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract 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 approvaI, and should seek review and approval by their own respective attorney(s). W04 I K Amended. 2/2011 .1 N ItH K0ltJ►[yI0JiI: I Ji[0]:L1►1b1tJJi From: The office of the City Manager Cate: 10-14-2013 Subject-, Agenda Item No., E.5 Reese the FY 201312014 Capital Project Budget and Award of Project RFB No. 13 -031 to Interstate Pipeline Utility Construction in the Amount of $300,423.00 for the Construction of the Brookhaven Drive Drainage Improvements Project (DR0902) Presenter: Gregory Vary Nieuwenhuize, City Engineer ummar : The City Council is being asked to award a construction contract for the CIP Project identified as "Brookhaven en C ri e Drainage Improvements" i n the Capital Projects Budget. General Description. On September 26, 2013, a bid opening was conducted for the Brookhaven Drive Drainage Improvements Project (the "Broj ectI; ). The improvements that comprise the majority of the project are identified in the City's Master Drainage Plan. The FY 2013/2014 Capital Projects Budget identifies o, 000.00 construction budget for the project. The project will consist of the construction of a Swale to intercept drainage before entering residential properties located at the west end of Brookhaven en Drive and Brookhaven en Drive along with the installation of approximately goo lineal feet of concrete drainage pipe which will connect into the concrete - lined portion of Walker Branch. Notice of the city's intent to bid was advertised in local newspapers, as required by State statute, and posted on the city's Web i to . Based on the City's electronic procurement data, in excess of 50 construction firms reviewed some or all of the bid documents. The project did receive four 4 bids, which were opened during the September "' bid opening. These bids were as follows: CONTRACTOR NAME PART A PART A with ALTERNATE BID Interstate Pipeline Utility Construction $ 3052488.00 $ 3003423.00 A & M Construction &Utilities $ 314,677.00 $ 3083017.00 M. Co Construction $ 338,698.50 $ 3263734.50 McMahan Contracting $ 3582E20.74 $ 3513122.74 The project's design engineer Brockette /Davis /Drake, Inc. recommends awarding the contract to the lowest bidder: Interstate Pipeline Utility Construction 1 1PU " . Because staff does not have familiarity with I B U , staff contacted references in Forney, Haltom City and Rockwall. All references indicated that I PC constructed drainage projects for them and two references indicated that IPUC gets in and out in a timely fashion. All references indicated that they wou nd use I B U C again . There is one issue with the Project that warrants further discussion. This issue is the lowest responsible bid being approximately 0, 00 more than the amount available in the Project's construction account o,000). Approximately $27,000 of the $80,500 over run is due to drainage improvements that Chesapeake is responsible for in the development of the Anejo Gas Bad Site. Since the Brookhaven Drainage project overlapped the drainage improvements that Chesapeake was responsible for it made sense to include all of the improvements in one project. Ak City /[developer Agreement will be brought to Council in the near future outlining the financial responsibilities and reimbursement plan for the $27,000 (Chesapeake's portion of the drainage). After considering Chesapeake"s Chesapeake" portion of the drainage the bid is still approximately $54,000 over budget. Staff considered several items in determining why the bid was higher than our budget. The first item that staff considered is rhether the bid of $300,423.00 is reasonable for the project. From reviewing the bid tabulation of the submitted buds, it appears that each bidder's unit prices, for the most part, are fairly close to each other. Additionally, because all of the bids are within 14.5% of each other, staff believes the low bid to be a reasonable bid for the work required of the Project. The next item that staff looked into was to determine the reason that the bids exceeded the funding available in the construction account. Decent construction bids have consistently come in higher than ghat the City experienced during the recession. Also, it appears that the number of construction projects out for bid at any given time has generally increased from the number of projects available for bid from just a fear gears ago. This has allowed contractors to pick and choose which projects they errant to bid on. This is probably evidenced by the number of contractors who took the time to review the bid documents, but did not end up actually bidding on the project. Although difficult to assess exactly what impact these items have on bid prices, it appears, considering the relatively fear number of bidden and their relative sizes, that the overall construction environment within the region probably had some affect in increasing the bid prices for this project. Staff has conducted a budget transfer of $15,500 from the project's professional services account to the project's construction account and with the approval of the recommended (attached) Budget Revision ion in the amount of $65,000 there is sufficient construction funding for this project. As indicated above, Chesapeake will reimburse the City for a portion of this project. Contract construction time for this project is 90 consecutive calendar days. It is anticipated that construction will begin at/a r u n d early November. Recomm ndati n Approve the Budget Revision to the FY 2013/2014 Capital Projects Budget and award Project F FB No. 13-031 to Interstate Rpeline Utility Construction in the amount of $300,423.00 for the construction of the Brookhaven Drive Drainage Improvements Project (DR0902). Brookhaven Drive, Drainage Improvements - budget Revision Drainage Capital Projects Brookhaven Drive Drainage Improvements DP0902 PROJECT DESCRIPTION & JUSTIFICATION This project includes the installation of approxim ately 900 li nGa r fi�et of storm drain pipe and several in lets from a nearby channel up to and along Brookhaven Drive. The StGrm drain pipe would range in size from 24 inches to 39" inches in diameter. Runoff from approximately 5 acres of residential and Nftire commercial properties west of Davis Boulevard is discharged onto undeveloped property, where it overwhelms Brookhaven Drive and causes flooding damage to two homes and property damage to other residential property- The Master Drainage Plan indicates that these improvements were needed) when the subdivision was constructed in the 1970's. This project would bring Brookhaven Drive up to the City's current drainage requirements- PROJECT STATUS ORIGINAL 2013114 ORIGINAL 2013114 START DATE REVISION END DATE REVISION Professional Services Engineering 04/2010 04..-'2 013 Land IF OW Acquisition C;onstruction 05/2013 1012014 0312014 07) 2014 Other REVISION EXPLANATION Recently. the City received bids for the construction of this project and the low bid carne in $65,000 over the existing available project budget, There Is $65,000 available in drainage project savings so this revision would transfer funds from that account tc the project. FINANCIAL DATA ADOPTED REVISED TOTAL RUDGETTHRU PROJECT BUD GETTHRU REMAINING PROJECT 2013114 REVISION 2013114 BALANCE COST FUNDING SOURCES Certificates of Obligation $280.000 5280,333 $280.000 Drai:,,age Project Savings 65,000 65.0 °00 $65.0001 0 $01 0 $01 0 $01 Total $280,000 $65,000 $345,000, $0 $345,000 PROJECT EXPENDITURES Profeggional Services $0 $01 Engineering/Desigri 60,000 (15.500) 44.500 $",500 Land..'ROW Acquisition 0 $01 Construction 220,000 80,500 300.500 $300'.5001 Other 0 $113' Total $280,000 $65,0001 S 345,000 $o I $3451000 -] IMPACT ON OPERATING BUDGET No impact ANNUAL OPERATING IMPACT 2013114 201412015 207516 2016!17 2017113 TOTAL .Pro , jectcd 1 $0 Brookhaven Drive Drainage Improvements — Project Location Map Jr6 I I I _L 91 SPRINGALL <D Cr) STONYBROOKE ,rim NFPER-DR 05 STONECR LL CT EkM - `- GT L13 AF "O*Roror 01, f 0 CRE45FVEW -DR - WEPHFrwTr G, H. TO WE-JY- W kr Ilk z -71FAFRI 4NF.-C Brookhaven Dr Drainage Imps, PARE,.... 77 f C FA R"PA or UAW -QT Hl L L CR 5 Sf Brookhaven Dr Drainage Improvements w NORTH RICHLAND HILLS Project Locator Map 1 KeltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item No., F. GENERAL ITEMS N ItH 3 901910 [yI0JiI: I Ji[0]:L1►1b1tJJi From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item No., F.1 Approve fate Review Mechanism Tariff Increase with Atmos Energy Corporation-Mid Tex Division - Ordinance No. 3278 Presenter: Karon Bostic, Assistant City Manager umrnr,r: The City, along with approximately 164 other cities served by Atmos Energy Mid -Tex Division ion "Atmo Mid -Tex' or "Company"), a member of the Atmos Cities Steering Committee "A " . On or about July 15, 2013, Atrno Mid -Tex filed with the City an application to increase, natural gas rates pursuant to the Fate I-ir Mechanism CRRM") tariff reneged by the City in 2013 as a continuation and refinement of the previous IIM rate review process. This is the first annual IIM filing under the reneged R M tariff. The Atmo Mid -Tex I I M filing sought a $22.7 million system -pride rate increase based on a test -year cost of service reve n u e deficiency of $25.7 rni II ion . The City worked with ACSC to analyze the schedules and evidence offered by Atmo Mud -Tex to support its request to increase rates. The Ordinance and attached rate tariffs are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of Atmo Mid-Tex's I I M filing. The Ordinance resolves the Company's I I M filing by authorizing additional revenues to the Company of $16.6 million system - pride. The settlement is expected to increase the average residential customer's bill by approximately $0.74 per month. Are Aver -age B i l l Comparison of base rates is tt chr d for residential, commercial, industrial, and transportation customers. The ACS Executive Committee and ACSC legal counsel recommend that all A S Cities adopt the Ordinance implementing the rate change. General Description-, The I I M tariff was originally approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Midi-Tex 2007 system -wide rate filing at the Railroad Commission. In early 2013, the City adopted a reneged IIM triff for an additional five years. Atmo Mid-Tex's July 2013 filing was made pursuant to the renewed RRM tariff. Fates cannot change without the adoption of rate ordinances by cities. No related matter is pending at the Railroad Commission. The purpose of the Ordinance is to approve rates (shown on '`Attachment A" to the Ordinance) that refloat the negotiated rate changes pursuant to the RRIVI process and to ratify the recommendation of the ACSC Executive Committee. As a result of the negotiations, ACSC was able to reduce the Company's requested $22.7 million RRM increase to $16.6 million. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid -Tex's revenues effective November 1, 2013. For the first annual filing under the revised RRM tariff, the Company agreed to forgo any change to the base residential rate. Therefore, for the 2013 RRM, the result of the filing gill not increase the base residential rate, and the entirety of the increase to the residential class will be applied to the natural gas consumption component of rates. Approving Ordinance No. 3278 adopts the attached tariffs ('Attachment A '• in all respects and finds the, rates set pursuant to the attached tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs being revised are attached to the ordinance. Existing tariffs not being changed in any way are not attached to the Ordinance. Further approving the Ordinance requires the Company to reimburse ACSC for reasonable ratemaking costs associated with reviewing and processing the RRIVI application; finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 ; and provides a "mot favored nations clause whereby if the Company, settles with other parties on better terms than agreed to with the ACSC Cities, the ACSC Cities, including North Richland Hills, will automatically receive the benefit of those better terms. Recommendation Approve ordinance No. 3278. t4 ItH ORDINANCE ND. 3278 AN ORDINANCE OF THE CITY OF NORTH RI H LAND HILLS, TEXAS, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING ITTEE AND ATM OS ENERGY CORP., I D -TEX DIVISION REGARDING THE COMPANY'S 2013 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; [ E LARI N EXISTING RATES TO BE UNREASONABLE; ADOPTING RARI FFs THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; LE; RE M RING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEAKIN EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING ININ THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; PROVIDING A MOST FAVORED NATIONS CLAUSE; AND REQUIRING DELIVERY F THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL WHEREAS, the City of North Richland Hills, Texas ("City" is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ("Atmos Mid -Tee'" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, the City is member of the Atmos Cities Steering Committee "A SC" , a coalition of approximately 164 similarly situated cities served by Atmos Mid - Tx that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid -Tex service area; and WHEREAS, pu rsu ant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a, Fate Review M hani m C'R M" ) 'tariff that allows for an expedited rate review process controlled in a three -year experiment by ACSC Cities as a substitute to the current Gas Reliability Infrastructure Program '` RIP" process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid -Tex resolving the Company's 2007 rate case and authorizing the RRM tariff; ands WHEREAS, in 2013, ACSC ACS and the Company negotiated a renewal of the RRM tariff process for an additional five ears; and WHEREAS, the City passed an ordinance renewing the RRM tariff process for the City for an additional five years; and WHEREAS, the I I M renewal tariff conternplates reimbursement of ACSC Cities' reasonable expenses associated with IIM applications; and WHEREAS, EAS, on or about July 15, 2013, the Company filed with the City its first annual RRM filing under the renewed IIM tariff, requesting to increase natural gas base rates by $22.7 million; and WHEREAS, ACSC coordinated its review of AtmS ICI id -Tea's IIM filing through its Executive Committee, assisted by ACSC attorneys and consultants, to resolve issues identified by ACS ACSC in the Company' R M filing; and WHEREAS, the ACSC Executive Committee, as well as ACSC's counsel and consultants, r om mend that ACSC Cities ACS approve the attached rate tariffs ("Attachment A" to this rdinan a , which will increase the om p'ang's revenues by $16.6 million; and WHEREAS, EAS, the attached tariffs implementing new rates are consistent with the negotiated resolution reached by ACS ACSC Cities and are just, reasonable, and in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICH LAND HILLS, TEXAS: SECTION 1. THAT the findings sat forth in this Ordinance are hereby in all' things approved. SECTION 2. THAT the City Council finds the existing rate for natural gas service provided by Atm Mid -Tex are unreasonable and new tariffs which are attached hereto and incorporated herein as Attachment Aa are just and reasonable and are hereby adopted. SECTION 3. THAT Atmos Mid -Tx shall reimburse the reasonable ratrnali n expenses of the ACSC Cities in processing the Company's IIM application.. SECTION 4. THAT to the extant any resolution or ordinance previously adopted by the Council is inconsistent Frith this Ordinance, it is hereby repealed. SECTION 5. THAT the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 6. THAT if any one or more sections or clauses of this Ordinance is d judged' to be unconstitutional or invalid, such judgment shall not affect, impair or inivallidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 7. THAT if ACSC determines any rates, revenues, terms and conditions, or benefits resulting from Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in tmos' 2013 IIM filing would be more beneficial to the ACSC Cities than the terms of the attached tariffs, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally and automatically accrue to the ACSC Cities, including the City, without the need for City to tale any further action. If this automatic adjustment occurs, Atmos Mid -Tex shall promptly thereafter file with the City an emended tariff documenting the adjustment t mutes. SECTION 8. THAT this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after November 1, 2013. SECTION 9. THAT a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of Chris F l n, Manager of Fates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LEJ Freeway, Suite 1862, Dallas, Texas 75240} and to Geoffrey Gay, General Counsel to S at Lloyd Gosselink Rochelle Townsend, P.C., P.O. Box 1725, Austin, Texas 78767- 1725. PASSED, AND APPROVED on this the 14TH day of October, 2013. 1WKS]a►101 A 111:1N[91 :1W=1L' I111 :11q � Oscar Trevino, Mayor FIN 1k 111 =63 6 Patricia Hutson, City Secretary U=1UU: 917A =1 RIF., 119111910k1iW=1►IIJIX0.1IIW George A. Staples, City Attorney Karen Bostic, Assistant City Manager Attachment A Atmos Mid -Tex Tariffs Effective November 1, 2013 MID-TEX ENVISION ATMOS ENERGY CORPORATION RATE SCHEDULE: R — RESIDENTIAL SALES Customer Charge per Bill ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY F APPLICABLE T! DALLAS AND N I N RP RATED AREAS EFFECTIVE DATE. Bills Rendered on or after 111 11201 Coo mcd�t r e h All f Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by u tomer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill 17.0 per month Feder CEE Surcharge $ 0.02 per month' Total Customer Charge 17.2 per month. Coo mcd�t r e h All f 0.05831 per of Gas Cost Recovery; Plus are amount for gas costs and upstream transportation costs calculated in accordance with Part a and Part b, respectively, of bider GCR. Weather Normalization .ation Adj u tment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA, Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with bider FF. Rider FF is only applicable to customers inside the oorporate limits of any incorporated municipality. Tax Tax Adj u tm nt: Plus an amount f r tax calculated in accordance with Rider TAX. u r ha.r es*+ Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement Are Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 1 Reference Rider CEE - Conservation And Energy Efficiency as approved in GUD 10170. surcharge billing effective July 1, 2013. MID -TF.X DIVISION ATM OS ENERGY Y O I P RATI N RATE SCHEDULE: C — COMMERCIAL SALE Ap"l LI A LE To ALL CUSTOMERS IN THE MID -TE DIVI I l EXCEPT THE CITY F Rider r CEE Surcharge DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11f 11201 Commodity Charge — All Ccf Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter r and to Industrial Customers with an average annual usage of less than 30,000 W. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special tr t Irr ange rents between Company and Customer may be required prior to service being furnished. Monthly late Customer's monthly bill will be calculated by adding the following Customer and Cef charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill 35.75 per month Rider r CEE Surcharge 0,10 per month' Total Customer Charge $ 35.85 per month Commodity Charge — All Ccf 0.06893 per Ccf Gas ost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part, (a) and Part (b), respectively, of bider GCR. 'weather Normalization Adjustment: Plus or Minus are amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus are amount for franchise fees calculated in accordance with Rider FF. Rider FF is Iii applicable to customers inside the corporate limits of any incorporated d municipality. Tax Adjustment: Plus an amount for tax calculate d in accordance with Rider TALC. Surcharges: Plus art amount for surcharges oalcuIated iln accordan oe w0 the applicable rider( ). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Companyps Tarr for Gas Servioe. 1 Reference raider CEE # Conservation And Energy Efficiency as approved n GUD 1017. Surcharge billing effete July 1, 2013. MID-TEX DIVISION ATM ATMOS ENERGY RPO ATION FATE SCHEDULE: I — INDUSTRIAL SALE ALL CUSTOMERS IN THE I II D -TE C DIVISION EXCEPT TIDE CITY' F APPLICABLE T = DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 11101/2013 Application Applicable to I rid uetdal customers with a maximum daily usage (MD of less than , o- l l M E to per day for all natural gas provided at one Point of Delivery and measured through one meter. Service f r Industrial u tomer pith an M D U equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and customer. Type of Service Where service of the type desired by Customer is net already available at the Point of Delivery, additional charges and special contract arrangements between Gompany and Customer may be required prig to service being furnished. Monthly Rate Custorner's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per deter 620.00 per month First o MMBtu to 1,500 M Btu 0.2665 per MM Btu Net 3,500 M M Btu 0.1879 per f MBtu All MMBtu over 5,000 MmBtu 0.0403 per MMBtu Gas Coat Recovery.- Plus an amount for gas costs and upstream tra n pc rtation costa calculated in accordance with Pert e) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus u an amount for franchise fees calculated in accordance with Rider F F,, Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment.- Plus an amount for tax calculated in accordance with Rider TALC. Surcharges: Plus an amount fbr s urefare oalcu fated in accordance i #h the pplible rider. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer ill! for each MMBtu delivered in excess of the stated level of curtailment or Interruption, pay Company 00% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled Dail} Price Survey." Replacement Index In the event the "midpoint' or "oern on" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION ATM ATMOS ENERGY CORPORATION RATE SCHEDULE: I — INDUSTRIAL SALES ALL CUSTOMERS I THE MID -TEX DIVISION EXCEPT THE IT' F APPLICABLE E L,�E T DALLAS AND UNINCORPORATED A EAS EFFECTIVE BATE: 13111s Rendered on � r after 11 110/1201 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of reguiatory bodies having jurisdiction and to the mpan ' Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by ompany. Customer must pay Company all casts associated with the acquisition and installation of the meter. MID -TEX DIVISION ATMOS ENERGY CORPORATION RATE SCHEDULE, T TRANSPORTATION ALL CUSTOMERS I! TIC E II -TEX DI 'I IO EXCEPT Tip E CIT of APP ICA �.E T DALLAS AN D UNINCORPORATED AREAS EFFECTIVE CRATE: Bills Rendered on or after 1110112013 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being fumiished. Monthly Fate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter 620.00 per month First 0 M M 13tu to 1,500 MM Btu 0.2565 per MM Btu ext , 500 MMBtu $0.1879 per MM Btu All MMStu over 5,000 M M Btu 0.0403 per MM Btu Upstream Tran sportati n Cost Recovery: Plus an amount for upstream transportation costs ire accordance with Part ( b ) of Rider GCR. Retention Adjustment. Plus a quantity of gas as calculated in accordance with Eider* IAA. Franchise Fee Adjustment'. Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only aplPDla to ustrer inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Eider TAX. Surcharges: Plus an amount for surcharges calculated In accordance with tine applicable rider(s). imbalance Fees All fees charged to Customer under this Fete Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees, Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0, 10 per M M Btu, or (ii) 150% of the difference per M MBtu between the highest and lowest u midpei nt" price for the Katy point listed in Platts Gas Daily in the table entitled `Daily Price Survey" during such month, fbr the MM to of Customees monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customees receipt quantities for the month. MID-TEX DIVISION AT MOS ENERGY CORPORATION RATE SCHEDULE-. T — TRANSPORTATION ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF APPLICABLE, TO: DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 1110112013 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customees deliven"es, Customer will, for each MM Btu delivered In excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Plaffs Gas Daily published fbr the a pplicable Gas Day in the table entitled" Daily Price Survey." Replacement Index In the event the "rnidpoinn or "common" pdce for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" 11 F s no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff f6r Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORFC RATION RIDER. WNA —WEATHER NORMALIZATION ADjUSTMENT I! L CUSTOMERS Ill THE MID -TE ID IVI SIO �l EXCEPT THE CITY of APPLICABLE T DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE: Bills Rendered on or after 1110112013, Provisions for Adiustment The Com mod ity C ha rg a pe r C of (100 cu bi o feet) fo r gas sere ice sat fe rth i n a n y Fate Sched u le s A I ized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the 'Weather eather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and ccrnmercial bills based on meters read during the revenue months of November through April. The five regional Breather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Fa ctor shal I be computed to the nearest one-hundredth cant per Ccf by the following formula: WNAF1 R Where {HSFi x (NOD-ADD)) (6Li + {bSFf x Ahoy ] I G any particular Rate Schedule or billing classification within are such paftioular Rate Schedule that contains more than o ri a b[Iling classification AkFi = Feather Norma5zation Adjustment Factor for the ith rata schedule or classification expressed in cents per Ccf Ri Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. H Fi = heat sensitive factor for the ith schedule or classification divided b the average bill count in that class N I D = billing cycle normal beating degree days calculated as the simple tan -gear average of actual heating degree days. ADD = billing cycle actual heating degree days. BIi = base load sales for the its' schedule or classification divided by the average bill court in that class The Weather Ncrmalizatiiion Adjustment for the ith customer in ith rate schedule is computed as: WI I = WNAFi qij Where qq is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WH —WEATHER NORMALIZATION ADJUSTMENT 171.84 ALL CUSTOMERS IN THE 1 ID -TE DIVISION EXCEPT THE IT F i I Ll 4 1._E To DALLAS AND UNINCORPORATED REA EFFECTIVE E DATE: Bills Rendered on or after 11101 X201 Rasa Use/Heat Use Factors Wichita 10,99 0.1 297 Falls Weather Normalization Adiustment. (W A) Report Commercial Base use Heat use f CcflHDD 96.80 0.8889 189.89 Residential 171.84 Base use Heat use Weather Station Ccf Ccf/HDD Abilene 9.97 0.1818 Austin 11.05 0.1262 Dallas 18.18 0.1832 Waco 9.78 0,1252 Wichita 10,99 0.1 297 Falls Weather Normalization Adiustment. (W A) Report Commercial Base use Heat use f CcflHDD 96.80 0.8889 189.89 0.7195 171.84 8.87 117.60 0.8774 On or before June 1 of each year, the company posts on its webs ite at atmosenergy.com/mtx-wna f in Excel format, a Weather Norrnalization Adjustment (W NA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on oar before June 1 of each year, the company files one hard copy and a Excel version of the MVA Report with the Railroad Commission of Texas' G as e rvices DIA sl o n, addressed to th a Di rector of th at D iv is to n. hale: July is, 2013 ATMO�S ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31,2012 tine November 1,, 2013 1 Rato R A 41-7 Ccf CURRENT PROPOSED CHANGE 2 Customer charge 17.70 3 ConsurnpOon charge 41.7 CCF X S 0,04172 21, 1.74 4 Rider GCR Parl A 411 CCF X $ 0,32167 = 13.41 5 Rider GCR Part 8 41.7 0CF X $ 0.16324 = 6.01 6 suhf $39.68- 7 Rider F F & Pider TAX 5 39M X 0.06769 2.68 Total $42,34 10 Cuslom ar d arge 17,70 11 Consumption charge 41.7 CCF: X $ 0-05531 = 2.43 12 Rldar GCR Part A 41.7 CCF X 3 0-32167 13-41 13 Rider GCR Part 8 41.7 CCF X $ 0.16324 ;-7 6A 1 14 Sublotal S40.35- 15 Rove nue-relaled Tax Refmbursamnot 40-35 X 0-05769 2.73 16 Total $43-08 $0.14 17 1.75% is 19 Rala-C (W 327.2 Cef i CURRENT PROPOSED CHANGE 20 Customer rhafqe $ 34.72 21 Carte umptlon charge 327,2 CCF X $ 0,06589 21.56 22 Rider GC R Part A 327.2 CCF X $ 0.32167 = 10524 23 R Ider GC R Part 8 327.2 CCF X $ 0.11765 38.49 24 Sublolal $200.01- 23 Reverim-relaled Tax ReImbursement $ 200 0 1 X 0.06769 L 13.54 26 Total $213.55 27 28 Custemor ch a rg a $ 35.75 29 Consumption charge 327.2 OOF X S 0,06893 22.55 30 Rider GCR Part A 327.2 CCF X S 0,32107 = 10624 31 Rider GCR Part 3 327.2 CCF X $ 0.11765 X49 32 Subft3tal $202.03 33 Revenlue-related Tax Reimbursement 202.03 X 0.05769 13-68 34 Total 5215.71 35 WF'J-31 Page 1 of 2 File Bale: July 15, 2013 .ATM ENERGY CORP., MIII -TEE DIVISION "ERA GE BILL COMPARISON - BASE RATES TEST YEAR EN DING DE CE M BE R 31, 2012 36 ffqte(-A395SMMBTU 37 Customer cha re a 38 consumpu0n charge 1,500 MMBTU 39 Consumptiort charge 2,455 M 40 Cunsumpl.ion charge 0 MM BTU 41 R ide r GC-R Part A 3,956 MM BTU 42 Rider GC Part S 3.955 MMRTU 43 SOWN 16519 $3.743,25 44 Revenue-related Tax Re-Imbursemen I $ 3,743.25 45 TWA 46 47 Custorpieer charge 48 Consumption charige 115OG MMBTU 49 CansumpUoo charge 2.455 MMBTU so Consumption charge 0 MM BTU 51 Rider GCRPa;l A 3.955 MM BTU 52 Rider GUR Part B Im MMBTU 53 Su4total 54 Revenue-rekated Tax Reirnbumemeni $ 3.793.50 55 Twat 56 57 Rate TO 3955 M M STU 55 Cu slomer charge 59 Consumptlan charge 1.500 WOW 60 Gonsumpflon charga 2.455 MMBTU 61 Cansumplion charge 0 MMBTU 62 Rider G G R Pail B 3.955 MMBTU 63 Subtotal 64 Revenue-related Tax Re�bursement $ 2,440.45 65 Total 66 67 Customer Oarge 66 Consumption charge 1,600 M STU 89 Consumpbon ch a rge 2,455 MMBTU 70 Consumplion charge 0 MM13TV 71 Rfftr GC R Pa rl B 3,955 MM BTU 72 Subtolal 73 Revenue-related Tax Reimbursement S 2.490.71 74 Total 75 X $ 0-2473 = 370.95 X S 0.1812 = x-44, 8.0 X $ 0-0389 CAM X $ 0-3294 1,302.79 X S 0.2591 1.024-63 X 0.06769 16519 $3.743,25 X 0.06769 4 253.38 $ 02565 -- X S 0-1879 X $ 0-0403 X 0.3294 X $ 0.259-1 X 0,06769 53.996,93 X CURRENT S 600.00 X S 0.2473 = 370,95 X $ 0-11112 = 444.a8 X 5 0,0389, 0.00 X 5 0.2591 1.02443 $2,440-46 X 0.06769 16519 X S 0-2565 X S 0.1879 X $ 0.0403 X $ 0.2591 X 0.06769 R-1605165 PROPOSED CHANGE S Q 20. GO 3W-5 461.33 0.00, 1.302.79 1,024,63 33.793.50 256-78 S4.050,28 $53,66 1.34% PROPOSED CHANGE $ MAD W4 75 461.33 0,00 1.024.63 $2.49011.71 168,59 52.659,30 553.65 2.06% WP J-3-1 Page 2 cf 2 N 1tH K0ltJ►[yl0JilaMA[0]:L1►1b1tJJi From- The Office of the City Manager Date- 10-14-2013 Subject: Agenda Item No. F. Amend Balfour Beatty Construction's contract as Construction Ritsk Manager, establishing a Guaranteed Maximum Price (GIMP); and award a Request for Qualifications for the construction of Ciity Poiint Drive to Balfour Beatty Construction establishing a GIMP for the construction of City Point Drive Presenter- Jimmy Perdue, Public Safety Director Summa The City Council on November 12, 2012 awarded a contract to Balfour Beatty Construction for the Construction Manager at Risk (GMAR} services associated with the construction of the new City Hall. This item is to amend the contract, establishing a Guaranteed Maximum Price (AMP }. In addition, City Council is requested to award -a Request for Qualifications (RFQ) for the construction of City Point Drive to Balfour Beatty Construction by amending the original City Hall contract and establishing a Guaranteed Maximum Price (GMP} for the roadway construction. General Description. The approved new City Hall project (previously referenced as the "Municipal Complex") will be situated on an approximate 12-acre site, located within an area bounded by Boulevard 26, Cagle Drive, and Frawley Drive. The project consists of new components/settings for City Hall, Public Safety, and Municipal Court totaling approximately 182,000 square feet. The current conceptual scheme depicts an L- shaped" footprint, comprised of 3r-floors for each wing, and some single-story support buildings. City Council previously approved the AIA Al 33 Agreement Between the City and Construction Manager as Constructor and the AIA A201 General Conditions for Construction at the November 12, 2012 Council Meeting, which allowed Balfour Beatty to act as the Construction Manager for the "City Hall" project putting into action the Pre- Construction Phase Services component of their contract. The first Amendments before you are -aligned with those originai contract documents, and will serve as approval for Balfour Beatty to transition into the Construction Phase Services with the identified GM of $56,790,000. The GM consists of the following major components. and General Condifions $53)810.146 -Construction Contingencies $2)1521406 Preconstruration Services $321388 Service Fee $7951060 _CIVIAR -Total GMP $561790,x 00 Balfour Beatty and the Brinkley Sargent Design Team completed the Design Development Phase at the end of May, 2013. The efforts and focus the past 3-1/2 months have been dedicated to alignment of project scope with project budget, and arriving at a GM P. Refinement and definition of building materials, interior finishes, site / parking configurations, building systems and assemblies, etc. were included in the GMIP evaluations. In addition, the project team developed an extensive value engineering list that leveraged opportunities for alignment of scope with budget and the success in arriving at the I1 P. Concurrently involved and participating in this process has been the Municipal Complex Oversight Committee (MCOC). Input and direction was provided from the Committee on value decisions and budgets. The Committee's charge was to represent the citizens of N in the process and ensure the project is delivered as originally promised. The Construction Document Phase for the City Hall project has commenced, with completion targeted for December 20, 2013. City hall construction activities will commence in February of 2014, with completion slated for November of 2015, and move -in / occupancy in January of 20 16. 1nitially the City Point Drive construction scope was not included under Balfour Beatty's contracts, but upon further evaluation, it was determined there was value and benefits to the City to have all the work performed under one entity, one management team, and a single source of accountability for coordination, responsibility and project delivery. The second (Boulevard) Amendment brings closure to a previously issued RFQ for selecton of a CMAR to concurrently deliver this project scope to the City. The City issued RFQ 13-011, due on February 18, 2013, for interested firms to submit their qualifications to provide CIVIAR services for the newly defined scope of the "Boulevard" project / package. A selection committee was created specifically with a focus to the project type, comprised of representatives from Public Works, Planning, Purchasing, City Hall, and Public Safety. The City received four (4) submissions, and Balfour Beatty was the top - ranked firm. Selection of the Boulevard CMAR was "qualifications" based. Emphasis d'uhng the evaluations and final selection focused oni- - Project Team - Superintendent - Pre-Construction Phase Services - Management of Project Budget and Contingencies - Technology - Project Closeout Philosophy and Methodology - Capability to perform - Local presence - Experience in project type Capability to coordinate infrastructure and transitions between the two projects of "Boulevard" and `City Hall" City staff had previously contacted several references of recently completed projects by Balfour Beatty from the City Hall selection process. The objective of the previous contacts was to gain insights on performance and client/user experiences during the course of their projects. As one recalls, the references were stellar, and some of the comments heard from the variety of staff/team included: - Open book and transparent - Keep projects on schedule - Close-out projects extremely well - Very responsive during the warranty period - Offered creative ideas for cost savings - Adept with technology, and use it to the benefit of the project - Would definitely hire them again - Exceeded everyone's expectations - Incredible job of controlling risk and looking for cost savings - They listen" to staff - They add value" during the Pre-Construction phase Thus it became very compelling for the Committee to take advantage of the potential for a single entity to oversee, manage, and deliver for the City both the Boulevard and the City Hall projects. While nothing formal or binding was ever issued, Balfour Beatty has in good faith performed the Pre-Construction Phase Services for the Boulevard project, inclusive of identification of a GMB solicitation for competitive bids, review and vetting of bids, and Contractor / Subcontractor recommendations for each of the six (6) Trade Contracts / Packages. In addition, Balfour Beatty has prepared a logistics plan for construction, a construction schedule, application for building permit, assignment of key staffing - Project Manager & Project Superintendent (the same key personnel NRH stipulated for the City Hall project }, and is ready to mobilize and initiate construction activities the week of Oct. 20th (pending Council approval on Oct. 14tH) The fees, general conditions, insurance/bonds, etc. were based on the previously negotiated structure / format for the City Hall contract. Construction for the Boulevard project is anticipated to take approximately 5 — 6 months. The second amendment presented will modify the original contract and award the F F to Balfour Beatty Construction for the construction of the Boulevard (City Point Drive) and establish a GMP for the project at $4,023,580. Recommendation To amend the Contract for the CMAR Services with Balfour Beatty Construction establishing a M of $56,790,000 for the construction of the new City Hall, r rd in the RFQ for the Boulevard (City Point) construction to Balfour Beatty, and amending the original CMAR contract establishing a GMP for the construction of City Fount Drive at $4,0231580. 10 low #;Fi Document Al 33 TM — 2009 Exhibit A -01 Guaranteed Maxt P mum Price Amendment for the following PROJECT: (Name ai 2 d address or to tion) orth f ichiand bills — BouIevard Site Improve ents ADDITIONS AND DELETIONS: ,fi r' 26 and Road to the Mall The author of this docurnent has North Richland I lia11s, Texas 76 180 added 'Information needed for Its comp Ietion. The author may also THE OWNER: have revised the text of the original (Name, f S _ c i CIA standard form. An Additions and Deletions Report t h a t n of es add ed Cite of North Richland Hills, Texas information as well .as. revCs.Eons to the standard form text is available from 6720 N.E. Loop 820 the author and should he reviewed, A North Richland Dills, Texas 76 180 vertical line in the left margin of this docurn ent indicates where the author THE CONSTRUCTION MANAGER: has added necessary infoFination (Name, legal status and address) and where the author has added to or Balfour Beatty Construction, LLC deleted from the original AIA text_ 500 Main Street, Suite 1 I{ "art Worth. '1Vexas This document has important legal I consequences. Consultation with an ARTICLE A.� attorney is encouraged with respect § A.1.1 Guaranteed Maximum Price to its completion or madification. Pursuant to S ectl on 2.2.6 of th e Agreein ent, the Own er and Con st -u cti on Mats tiger h ere bV _ AIA Document A 01 TM —2007- amend the Agreement to est blisb a Guaranteed Maximwn Price, As agreed by the Owner General Conditions of the Contract and Construction Manager, the Guaranteed Maximum Price is an am cunt that the Contract for Construction, is adopted In this Sure shall not exceed. The Contract Stn consists of the ontru.cti cis Manager's Fee plus document by reference. [Do not use the Cost of the Work, as th at term is defin ed in Article 6 of this A greern ent. with other general conditions unless this document is modified, A-1.1.1 The Contract Bute is guaranteed by the Construction Manager not to exceed Four MiIIion Twenq, Three Th iousaiid Fi ve Hundred Eight y 4,023,580.00 for the scope of ork in Am en dm ent i- 0 1, subject to add iti an s and d educe ion s by Charge Order a s prove d e d in th e C contract Docum ents. Document is protected b U.S. Copyright Law aged International Treaties_ Unauthorized reproduction n or distribution of this A d. +current, This IA Init. AIA Document Al 3 "m — 2009 E hIhit o r ht 1 1, 200 and 2009 The American Institute of Archit ts. All ri hts reserve � Y � Docur��ent, or ai7y portion of it, may resu It in severe civil and criminal penalties' and will be prosecuted to the maximum extent possible re rider the law. This iocument was produced by A[A software at 16,55, 06 en 1 D/0812013 render Order Nc, 6661347 0761 which expires on 05/19e' 014, tired is not for resale_ U -Ser Motes: (1697806419) Contract Document Date Contract Sum .IA 133 - CMAR 10/23112 $00.00 Amen dm exit A-0 I — Blvd 10/04113 $ 450233580.00 $ 5 657 0 000. 00 Amendni ent A-02 — City Hall 10/04113 $4500.00 TOTALS $6 0,S 13,580. 00 § A - 1 .1.2 1 temized State m ent of the Guara nteed M ax] m u m Pri ce. Prov i d ed bel. ow 1 s an it em ized statem ent of the Guaranteed M ax 1m um Pry c e organized by trade categories, a] I owan ces, con t i n gen c i e s, alternates, the Con stru ett on Manager's Fee, and other items that comprise the Guar=anteed Max i m um Price. (Provide helow or reference an attachment.) Reference October 04, 2013 GMP Deliverable — Cost Summary L Scope Sheets § A.1.1.3 The Guaranteed Magi urn Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification ofaccepted alternates. If the Contract Documents permit the Olvner to accept other alto subseq uen t to the execution qf- th is Amendment., attach a schedide oz's uch other alternates showing the amountfor each and the date when the amount expires.) § A.1.1.4 Al lomrances inclu ded in the G uara nteed Maxim um Price, I f an (identify allowancie and state iDCC 171S 1017' , qy, ftom the allowance price.) Item Nice ($0.00) Landscape & Irrigation $49-21125,00 Landscaping Bed Prep $90,5740.00 Clean Existing Storm Sewers S35100.00 N4asanry $64T600.00 Signage $4500.00 § A.1.1.5 Assumptions, if any, on which the Guaran(cod Ma\irnum Price is based: Refereiice,October 04, 2013 GMP Deliverable — Clarifications and Assumptions § A.1.1.6 The Guaranteed Maxim urn Price 1 s based UpOn tai e fol iowi ng Supp ernentary and other Conditions of the Contract: Document Geotechniearl Report Ad den dum 01 Addendum 02 Addendum. 03 Addendum 04 Paves ton e Title CMJ 245-12-10 Schedule & Elec Plans Concrete QC &,- Unit $ RF1 Log Electrical Plans Drain Detail Date Pages November 2012 34 08.26.13 09.03,13 09.06.13 09.09.13 N.D. § A.1.1.7 The Guaranteed Maximum Price 'is based upon the following Specifications: (Edher list the Specifications here, or refer to an exhibit attached to this Agreement.) Referen ce October 04, 2 013 GMP Del i ver a bl e —0W Doc um eats Sheet Sheet Name Date SPIFC]FICATIONS Con cret e Q i i,,i I i ty an d W arkm an sh i p (21 p ages) KHA 06 3 8 6400 3 August 2013 02518 Concrete Pavers August 2013 A1A Document A133TM— 2009 Eyh ibil A. Copyright 0 1991, 2003 a n d 2009 by The Ame rif ca n Instiltute of A rch i-te cts. All rights hts res e rved . WARN I N G. T h 19 A I A ]nit I. Document is protected� by U.S. Copyright Law and International Treaties. Unauthorized reproduction oir distribution of this AIA" 0ocumnent, or any 2 portion of it, may resu It -in severe civ it and trim i nal penalties, and will be prosecuted to the maxi rn Li m extent possible under th e law. This document was produced by AIA software at 18-55,06 on 10/0812013 and ar QrdeFN c. 6661:347 0761 which expires on 0511912014. and is not for resale_ User Notes: (1697806419) Sheet N Sheet Name Date Pa ton Pavestone Paver Specification (pages 3 & 4 of 7) Julie ?010 260502 Electrical Requirements Save Date 08.21.13 260505 Manufacturers S ave D ate 0 S. 2 1. 13 260506 Basic Materials and Methods Save DLitt 09.21.13 Save Date 0 8.2 1.13 -4 Save Date 08.E 1 � 1.) 2605 19 Electrical Power Conductors and Cables 260526 Grounding and Bonding 260533 Raceway and Boxes Save Date 08.2 ],1') 260553 Identification Save Date 08. 21.13 2624 16 Pan ell oand s Save Date 8. 1.1 262726 Wiring Devices Save Date 09.21.13 2628 16 Enclosed Switches, Fuses and Circuit Breakers Save Date 08.21.13 2651 13 Lighting Fixtures Save Date 08.21,13 § A.I. 1. 6 The G uaranteed Maxim um Pr i ce is based upon the following Dr aw'mg 9: (Either list the Drawings here, or r r to an exhibit attached to this Agreement.) Reference October 04, 2013 GIMP Del GMP Documents Sheet # Sheet Name Date GENERAL C-0 Cover Sheet August 2013 PUBLIC ROADWAY IMPROVEMENTS C-1 Sheet Index 09.06.13 C-2 General Notcs 08-30.13 C-3 Project Control Plan 08.12.13 C-4 Typical Sections 08.1113 08.12.13 C-5 Typical Sections C-6 Reinoval Plan Dean oval Plan 08.30.13 C-7 08,12-13 08.30.13 C-7A Overall UtIl ity Rem ova 111 1 an C-8 City Point Drive (Blvd) Paving Plan and Profile 09.06.13 C- SA City Point Drive (Blvd) Pa -vin g Plan 08,12.13 C-9 City Point Drive (East) Paving Plan and Profile 08.12.13 C-10 it Point Drive (Test) Paving Plan and Profile 08. 12). 13 C-11 Round-a-bout Paving Plan 08.30.13 C-11A Grading Plan 09.06.13 -11B Grading Plan 09.06.13 C-1 1C Grading Plan 09.06.13 -1 Pavement Marking and Signage Plan — Main Boulevard 08.12.13 -1 3 Pavem ent Mark i ng an d S ignage — Roan d about 08.12.13 -14 Pavement Marking and Signage Plan —East Roadway 08.30.13 C-15 Existing Conditions Drainage Area Map 08.12.13 08.1 .13 C-16 Proposed Conditions Drainage Area Map C-17 Ston-n D-abi Calculations —line A Storm Dmin Calculations — Line B & C 0 S. 12. 1 C-18 -1 '/2-1 AI Doc u me rat Al 33 2009 Exh ibit A. Capyri ght Q "1991, 2003 an d 2009 by The Arnerl can In sti tute of AFchite cts. Al I rights reserved. WAR N I N G 4 T h is A I A:-� Init. Document is protected by U.S. Copy right Law and International Treaties. Unauthorized reproduction or distribution of this AAA'`' Doc;u inent, or any 3 portion of it, may reS H It i n severe civ i I and criminal pen alties, and will be prosecuted to the maximum extent possible u nder th e law. This document was produced- by AIA saftware at 16 -55,06 cn 1010812013 under Order No.6661247076 1 which expifes on 05i1 9 2014, and is not for resale. User Note s,A. (1697806419) Sheet # Sheet Name Date C -1 Storm Dra iii Inlet Calculations 0 8r 12.13 C-20 Storm Drain Plan —1 hic A 08.12.13 C-21 -S torn Drain P1 an — Line C C-22 S I orm Dral-n Pro fi I es — Line A 08.12.13 08.12,13 C-23 Storm Drain Profiles — Line A &- B 08,12.13 C-24 Storm Drain Profiles — Line C 08.1 ..13 C-25 Storm Drain Profiles — Line C 08.12.13 C-26 Water Line Plan and Profile - Line A 08.30.13 C-27 Water Line Plan and Profile — Line A 08.12.13 C-28 Water Line Plan and Profile — Line B 09.06.13 C-29 Water Line Plan wYd Profile — Line B 09.06.13 C-30 S an itary Sewer P1 an and Pro .file — dine A 0830.13 -31 Sanitary Sewer Plan and Profile — Line A 08.30-13 C-32 Sanitary Sewer Plaza and Profile — Line B 08.30.13 C-33 Tra ffi c C on tra I Plan — State Hi ghway 26 08.30.13 C-34 Tra M c Control P I an — Cagle an d Frawl ey Drive 08.30-13 C-35 Erosion Control Plan 08.30,13 C-36 Erosion Control Details 08.1 2.13 C-37 Street Lighting Plan 0 9. 3 0. 13 C-38 Street Lighting Plan 09.30.13 C-39 Paving Detal Is 08.12.13 C-40 ParV i n g Detai I s 08.1 . 1 _3 C-41 Storm Details 08.12.13 C-42 Storm Details 08.12.13 C-43 Storm Details 08.12,13 C-44 TX D OT Type 2 C ur b 1111 et (Sh eet I of 2) November 2008 C-45 TXDOT Type 2 Curb Inlet (Sheet 2 of 2) November 2008 C-46 Water Details 0& 12,13 C-47 Water Details 08.12.13 C-48 Sanitary Sewer Details 08, 12a 13 TRAFFIC SIGNAL T-1 Traffic Signal General Notes (Sheet I of 3) August 20 13 T-2 Traffic Signal General Notes (Sheet 2 of 3) A u Cr 2013 T-3 Traffic Signal General Notes (Sheet 3 of 3) August 2013 T4 Estinate and Summary Sheet August 2013 T-5 Summary of Small Signs February 2 007 T-6 BC (1) - 13 J uly 2 0 13, T-7 BC (2) —13 July 2013 T-8 BC (3) — 13 July 2013 T-9 FBC (4) — 13 July 2013 T-10 BC (5) — 13 Rdy 2013 T-11 BC (6) —13 July 2013 T-12 BC (7) — 13 July 2013 A I A Doc a m ent Al 33 m — 2009 Exhibit A. Copyri g hi C) 1991, 2003 ar[d 2009 by The American I nstitu le of Ar chii lect8. Al I rights re s ery !.d. WARN I N G - This AI A-"; Init. Document is protected by U.S. Copyright Law and I ntemational Treaties. Unauthorized reproduction or distribution of this AIA " D CP c U m LtLnt, or arty portion of it, may result in severe civil aiiid crimiiial penalties, al)d vy ill be prosecuted to the maximum extent possible under the law. This ducurnerit was prod uced by A IA s Dftvvare at 16 -55-05 o n 10/-0 WO 13 under 0 rder N o. 666 13 4 7 0761 which expires. nn 0 511912 014, and is not for resale_ User Notes: (1697806419) Sheet # Sheet Name Date T -13 BC (8) — 13 July 2013 T -14 BC (9) — 13 July 2013 T-15 BC (1 0) —13 July 2013 T-16 BC (11) —13 July 2013 T -17 BC (12). 13 July 2013 T-18 WZ (BT -0 1)- 13 July 2013 T-19 WZ (BT -o) -13 July 2013 T-20 TCP(2-1)-12 July 2013 T-21 EXi*StiDg Conditions and Removals Layout February 2012 T-22 Proposed Intersection Layout August 2013 T-23 Summary Charts August 2013 T-24 ED (1) - 03 May 2003 T- 2 5? ED (2) — 03 March 2 0 03 T-26 ED (3) — 03 May 2003 . 1'-27 ED (4) — 03 March 2003 -11-28 ED (5) — 033 March 2003 T-29 ED (6) — 03 May 2003 T-30 ED (7) — 03 May 2003 T-31 ED (8) — 03 May 2003 T -3 2 TS-FD- 12 08,20,13 T-33 1i -DPD-12 January 2012 T-34 Pavem en t M ark ings an d S i gn s Lay out August 2013 T-34A Traffic Control Plan August 2013 T-3 4B Traffic Control Plan August 201' ) T-35 PM(l)- 12 February 2 012 T-36 PI 3) -1 F e b r t j,,i r) i 2) 012 T-317 TECL-04(FW) Octobff 2004 T-38 EPIC(FW) September'2007 T-39 EC(l)-09 June 1993 T-40 PED-12A(1 ) 06-13 . 12 T-41 PED-12A(2) 06.13.12 T-42 FEED -1 i3 06-13-12 06.13 . 12 T-43 PELF -12A (4) T-44 CSWD-08(1~W) June 2008 T-45 CC-CG(FW) January 2008 T-46 LED Sl-gr Mount iii Detail August _2 013 T-47 Treatm en t fO TVarious Edge Conditions August 2001 LANDSCAPING LO.01 General Notes, Mater iais., Legend 09.06.13 L1.01 Tree Removal Pkrin 09.06.13 L2.01 Harris pe Plan Boulevard 09.06.13 L2.02 Hardscape Plan Boulevard 09.06.13 09.06.13 L3. 01 Grading Plain Boulevard AIIA Document Al 33 TM — 2009 Exhibit A. Copyri ght @ 1 991 2003 and 2009 by The Amer 1 can Institute of Architects. All rights reserved WARN IN G-, This A I A"' Document is protected by U.S. Copyright Law arid Internationa] Treaties. Unauthorized reprod Liction or distribution of th Is AID`' Docu meat, or any po rtion of it, may resLi It in severe civ i I and criminal penalties, and witl be prosecuted to th e maximum extent possible u rider th e law. This dDcunnent was pfoduced byAlA software at 16-55,06 on 1010812013 Linder Order No. 6651347076 1 which expires on 05/1912014, and is not for resale. User Notes: (169780,8419) Shcet # S Sheet Name D Date L4,01 H HaTdscape Details 0 09.06.13 L4. 02 H Hardscape Details 0 09.06. 13 14.03 H Hardscape Details 0 09.06. 13 ELECTRICAL BEOO I L Legend 0 08.22.13 BEE 1 O One Line 0 09.06. 13' BE 201 T To ower 0 09.06.13 BE 301 L Lighting 0 09.06.13 B 0 — 09.06.13 A.1.1. 9 Tb e G u aranteed Maxim u m, Price is based upon the fol lo wing oth er docum ents and information: (List any o f do c umeat or 1 i1forin of 1 on here, or refer to an exhibit attached to this .4greement.) Reference October 04, 2013 GXTP Deliverable— GMP DocLiments ARTICLE A. § A.2,1 The anticipated date of Substantial Completion established by this Amendment- Four and one-half m onth s from th e date o f Own er 7 s exec uti on of thi s amen dm ent A-0 I . ARTICLE A. § A.3.1 The agreement A133 dated October 23, 2012 and A201 general conditions dated December 4, 2012 are hereby further amended to redefine the " Pr 01 ect " (on pa g c I of th e A 13 3 and pag c I of tie A2 01 ) to add to the existing language for the "Municipal Com plex" the following Ian guage. "arl d Boulevard Site hrnprovements, Hwy 26 and Road to the Mall, North Richland Hills, Texas 76180." Effwive October 4, 13 OWNER (S' ature) Ign Mark Hindman City Manager (Printed naw and title) CONSTRUCTION MANAGER (Signature) Steve Olson President (Printed name and title) Init. Al A Document Al 33 TM — 2009 Exhibit A. Copyri g ht 0 1991, 200.3 ari d 2009 b y The Am eri-can Institute of Archi lerts. All rights reserved. WAR N i N G, T h is A I A"' Document is protected by U.S, Cu pyright Law and Intern ational Treaties. Unauthorized reprod uction or d istribution of th is AW' Document, or any portion of it, may result in severe civil and crimipal penalties, and will be prosecuted to the maxim unn extent possib le u n der the law. ThIs document was 6 produced by ALA -software at 16-55-.06 on 10/0$ 013 under Order No.66613470761 which expires on 0511912014, and Is not for resale. User Notes: (169780641 9} lA Document A133'" 2009 Exhibit A- 02 Guaranteed Maximum Price Amendment for the following PROJECT: (Name an d address or location) N City Hall ADDITIONS AND DELETIONS: The author of this document has added jnf ormat ion n ceded f or Its THE OWNER: completion. The author may also (Name, legal status and address) have revised the text of the original Ail standard form. An Additions and City of North Richland B11s, TeNas Dole tions Rep ort th at P otes a d d ed information as well as revisions to the 6720 N.E. Loop 820 standard form text is available from North Richland Ili I Is, Texas 76180 the. author and should be reviewed. A vertical line in the left margin of this THE CONSTRUCTION MANAGER: document indicates where the author 6'Vame, legal status and address) has added necessary information and where the author has added to or B a Ifou r Bea - Cons tru ct i on, LL C deleted from the orig In all AIA text. 500 Main Street, Suite 1100 Fort Worth. Texas 761.02 This document has important legal I consequences. Consultation with an ARTICLE A.1 attorney is encouraged with respect § A.1.1 Guaranteed Maximum Price to its completion or modification. Pursuant to Section 226 of the AL Teem ent. the 0%vner and Construction Manacrer hereby AIA Docurnent A201111-2007 . am en d the Agreem ent to stab i i sh a G uaranteed M axim um Pri ce. A s a gr eed by the OxNm er General Conditions of the Contract and Con stru al on Man a ger, the Guaranteed Ma x irn um Price is an amount that the C ontra ct for Construction. is adopted 'In this Sum shall not exceed. The Contract Sum consists of the Construction Man.9ger's Fee plus document by reference. 0o not use 11e Cost of the Work, as that term is defined in Article 6 of this Agreement. with other general conditions unless this document is modified. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Fifty S 1 x Mi I I i on Seven Hundred N1 n ety -fh ou san d ($ 56,790.00.00 ) for tie scope of work 'M' Am en ch-n en t A-0 2. sub j ect to addition s and dedu ct i on s by Ch an ge Drd er as provt* d ed in file Contract Documents. Init. Al A D o e u m e nt Al 3 3 2009 Exhibit A. Copyright 0 1991, 2003 an 6 2009 by The Am ence.n. Institute of Arc h fte ets. All rights res arve d. WAR N I N G: This AJ A Doc,ument is prote- cted by US. Copy right Law and International Treaties. Unauthorized reproduction or distrikMion of this AM" Document. or any portion of it, may reSLIK in severe civ H and ch minal penalties, an dh will be prosecuted to the maxi rn Lj m extent possible under the is w. This document was produced by A 1A software at 15, 0 9, 36 on 1010 412 013 under 0 rd er No.66 6 13 47 0761 which e x p 1 rea ors 0511 W2 014, and is not for rasa [a. User Notes: (792883823) Contract Document D Date C Contract Sum AIA133 - CMAR 1 10/23/12 S SOO.00 Amendment A-0 I — Blvd 1 10/04113 S S 4702331580. 00 Amendment A-02 — City Hall 1 1 O/04/13 S S56,790,000.00 TOTALS S S60.18139580.00 A..1.1, 2 Itemized State rn an t of the G ua ra nteed Ma i m u m Price. Pr ovi ded below 1s an it em 1- zed statem ent of th e Gu ar►nteed Max i in tirn Pr i ce organ fined by tra de :ate g or i es, a I I Dugan c es. cont ing encies a Iternates, th e Con structi on 1 3 1 Manager"s Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment-) Re feren cc 0 ct ober 041 2 013 GNfP Deli vera e — Cost S um rn ary & S cope Sh eets § A.1.1.3 Tbe, Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner-. (State the numbers or other identificatio n ofaccepled leer ales_ Iffhe Co n1racr Doc uments perm ft the Owner to accept other alternates subsequent to the execution offhts Amendmem, allac sc hedule of such other alternates showing the amountfor each and the date when the amouni expires.) I Reference October 04, 2013 GMP Deliverable — Budget Tracker A.1.1.4 Allowances in eluded in th e G uaran t Max i m urn Pr ice I if any.. (Identify allowance and state exclusions, if any, from the allcrwance price.) Item Price ($0.00) § A.1.1.5 Assumpti oat g, if any, on w1iich the Guaranteed Maxim ilia Price is based- Reference October 04, 2013 GMP Del lverable Tab 4: Clarifications and Assumptions § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and otber Conditions of the Contract: Document Me Date Pages § A.1.1.7 The guaranteed Maximum Price is based upon the following Specifications: (Eitherfist the Specifications here, or rifer to an exhibit attached to this Agreement.) Reference October 04, 2013 GMP Deli verable — GMT' Documents Sheet 4 Sheet Name Date SPEC tFICATIONS 000000 Table of Contents (6 Pages) 1. D, 05_01.201"� 002200 Geotechnical Report, CMJ 245-12-10 (34 Pages) November 2 0 12 DIVISION I — GENERAL REQUIREMENTS 010100 Summary of Work (2 Pages) N. D, 05-0t,2013 01 0250 Measu re m en t & Paym ent (4 Pages) NT D. 5.01.2 01 01 0400 Coordination (2 Pages) N . D, 0 5). 0 1.201 01 0450 Cutting & Patching (3 Pages) Ni. D. 05, 01.2 01 010500 Field Engmicering (2 Pages) N. D. 05,01.2013 01 06 00 --Regulatory Requirements (I Page) N. D. 05.01.20 1.3 AAA Dioc Li me nt Al 33 "M — 2039 Ex h jbit A. Cc pyright 0 1991, 2003 and 2009 by The A m arican Institute of Architects. All rights re sery ed. WARN I N G: T h is A I A?" Init. Document is protected ter U.S. Copyright Law and International Treaties. Unauthodzed reproduction or distribution of th Fs AIA Document, or any 2 portion of it, may result in severe civil and trim i na I Pena Ities, and will be prosecuted to the maximum extent possi ble under the law. This document was produced by AEA software at 15--09,36 on 1010412013 under Order Nu-66613470761 which expires on 0511912014, and its not for resale_ tiler Notes -. (79286382-3) AAA Dioc Li me nt Al 33 "M — 2039 Ex h jbit A. Cc pyright 0 1991, 2003 and 2009 by The A m arican Institute of Architects. All rights re sery ed. WARN I N G: T h is A I A?" Init. Document is protected ter U.S. Copyright Law and International Treaties. Unauthodzed reproduction or distribution of th Fs AIA Document, or any 2 portion of it, may result in severe civil and trim i na I Pena Ities, and will be prosecuted to the maximum extent possi ble under the law. This document was produced by AEA software at 15--09,36 on 1010412013 under Order Nu-66613470761 which expires on 0511912014, and its not for resale_ tiler Notes -. (79286382-3) Sheet 0 Sheet Name Date I � 0 0 0 PrIoJect Meetings (3 Pages) N.D. 05.01.2013 01 3? 00 Construction Progress Documentation (_5 Jlaare5) N.D. 05). 0 1.? 01 0 1 33 00 Submittal Procedures (9 Pages) N.D. 05, 1.2 01 ]3 014000 Qu a 14 Beau i rem en is (6 Pages) N.D. 05,01.201-3 014200 References (6 Pages) N. D. 0 5.0 1.20 133 01 5000 Constructim Facilities & Temporary Controls (5 Pages) N, D. 05.0 1,2013 01 5800 Project Identification & Signs (2 Pages) N, D. 05t 0 1.20 1 _3 016000 Materials & Eqw'pmerat (3 Pages) N.D. 05.01.20 13) 017000 Contract Closeout (4 Pages) N.D. 05,01.20 1' 01 71 00 Cleaning (2 Page., N.D. 05.01. 01 01 72) 0 0 Project Record DocUMWS (2 Pages) N. D. 0 5.01.2 0 13 01 7300 Operation & MainteDance Data (4 Pages) N. D� 05.01.2013 01 7400 Warranties & Bonds (2 Pages) N. D, 05.01.2013 Of 81 00 Commissionilig (22 Pages) N. D. 05.01.2013 01 8200 Deity onstration .Train in (5 Pages) 'N.D. 05.01,2013 DI IOC' 3 — CONCRETE 03 1100 Structural Concrete Ferri -work (6 Pages) N.D. 0 5.01. 2 13 03 1500 Ernbedded Metal Assemblies & Inserts (4 Pages) KU 05.01_2013 03 2 0 00 C()-ncrete Reinforcing (4 Pages) N.D. 05.01.2013 03 3100 Structural Concrete (14 Pages) N,,D. 05.01.2 013 03 35 00 Coricretv, Cure, Seal, Hardener (3 Pages) N D. 05 1.2013 033650 Concrete Floor-Stain (4 Pages) N, D. 05.0' 1.2013 0362 14 Gv cut big Base Plates (3 Pages) N. D. 05. 0 1.2 013 DIVISION 4 —MASON 04 0 5 13 Masonry Mortar (4 Pages) N.D . 05.012 013 04 2) 1 00 Brick Veneer Masonry (5 Pages) N. D. 5.01. 13 042200 Concrete Unit Masonry (7 Pages) N.D. 05.01.2013 04 40 00 Stone Cladding (5 Pages) N.D. 05.01 �2013 047200 Cast Stone (4 Pages ) N.D. 1. 1 05-020 DIVISION 5 — METALS 050100 Miscellaneous Metals (4 Pages) N.D. 05 O 12013 05 1200 Structural Steel (I I Pages) N.D. 05.01.2 13 0521 00 Steel Joisis (4 Pages) N. D. 05.01.2013 05 31 23 Metal Roof Deck (4 Pages N.D. 05,01.2013 054000 Cold-Fornied Metal Franifiig (4 Pages) N.D. 05.01.x 013 055200 Han dra i i s & Rai lira gs (3 Pages) N. Db 5. 1. 13 057000 Decorative Metal (2 Pages) N, D, 0), 0 1. 2 0 13" DIVISION 6 —WOOD 06 1000 Rough Carpertry (3 Paps) N.D. 05.01.2013 06 1653 Sheathing (2 Pages) N.D. 05.01, 20 13 062000 Fitiish Carpentry (2 Pages) N.D. 0 5.01.20 1 064000 Architectural Woodwork (6 Pages) N.D. 0 5.01.2 0 1 DIVISION 7 —THERMAL & MOISTURE PROTECTION Init. AIA Doc:ument Al 33 2009 Exhibit A. Copyright @ 1991, 2003 and 2009 by The American Institute of Architects. All rights reservod. WARN IN G, This AW' Document Is protected by U.S- Copy rig ht Law and I Piternational Treaties. Unauthorized reproduction or d Pstiribution of th Is Al A, ' Document, or any portion of it, may result in severe civil and c riminal Pena Ities, and will be prosl:_�-C Uted to the maxim u rn extent possible ii n der the lavy , This dxurnent was produced by A IA software at 15.- 09:36 ors 1010412013 under 0 Fd ef N G_ 6 6 613 47 C1761 which expires on C5)1912014, and is not for resale_ GIser Notes- (792883823) Sheet 4 Sheet Name Date 07 1900 Water Repellents (4 Pages) N. D, 0 5.0 I.2 0 1 -1) 07 1500 Vapor Banier (4 Pages) N.D. 05.01.2' 013 072000 Insulation (4 Pages) N.D. 05.012013 0741 50 Metal Cladding [Wall Panels] (8 Pages) N.D. 05.012013 0724 13 Polymer-Based Exterior Insulation & Finish System (EIFS) (4 Pages) N.D. 05.01._ 0 13 072726 FluidApplied Weather Barrier (9 Pages) N - 1), 05 1, 2013 074244 ACM Metal Panels (9 Pages) N'. D. 05.0 L2013 Or7 54 23 Fu I ly-A dhere d TPO Tli erm c pi a sti c Roof System (6 Pages N. Dz 05.01. 13 076000 Flash i n &T & Sheet Metal (4 Pages) Ll 05,01.2013 077200 Roof Hatches (2 Pales ) N. D. 0 5.0 1.2 01 _01' 078400 Firestopping (6 Pages) Ni - 1). 05, 0 1.20 1 079200 Sealants & Caulking. (5 Pages) N.D. 05.0 1.20 1 _3 DIVISION 8— DOORS & WINDOWS 08 Il 13 Hollow Metal Doors & Fratnes (6 Pages) N.D. 05. 1.2013 0821 00 'Wood Doors (4 Pages) N, D. 05.01.2013 N.D. 05.01.2013 082900 Access Doors (2 Pages) 083220 St e e I Detenti on Des & Fram es ( 12 Pagcs) N.D. 0 5.01.20 13 08 33 23 Overhead Coiling Doors (2 Pages N. D, 0 5.0 1.2 0 1:3 083600 Sectional Overhead Doors 4 Pages) N.D. 05-01.2013 084000 L`ntrmices & Storefronts (5 Pages) N.D. 05.01.2013 085600 Laminated Pol ycarbon a t e Glazing (4 Pages) N. D. 05.01,20 13 086250 Tubular Skylights (5 Pages) N.D., 0 5.01,2 0 13 086300 Unit Skyli ghts (5 Pages) N'.D� 05.01.2013 087000 Hardware (6 Pages) N. D. 05.01. 013 088000 Glazing (6 Pages) N.D. 05.01.2013 DIVISION 9 — FINISHES 092200 Plaster (3 Pages) N.D. 0 5.0 1.20 13 092900 Gypsum Board Systems (5 Pages) N.D. 05.01.2013 093000 Tile( Pages) N.D. 05.01_7013, 095123 Acoustical Ceiling Systems (3 Pages) N, JA 0 5, . 0 1 ,2 013 1.1.x , 0 -5, 0 1.2' 0 13 0951 50 Metal Ceiling Systems (Low Security Type) (4 Pages 095-450 SeCUrity Plank Type Metal Ceiling (3 Pages) Cell Padding (3 Pages) N.D. 05.0 1.2 0 13 095460 N.D. 05.01220 1 _3 N.D. 05.0 1.2013 096500 Resilient Flooring (3 Pages) 096800 C- ) Carpeting (2 Pages N . D. 05.01 _ 20 13 099000 Painfilng (13 Pages) KU 05-01-2013 DlVtSION 10 —SPECIALTIES 10 0,0 00 Miscellaneous Specialties (6 Pages) N.D. 05.01. 13 102220 Demountable Partitions (9 Pages) N.D, 5, 1.2013 104200 PlaqLie (2 I- ages) N.D. 05,01. 01 104300 Exterior Signs (4 Pages) N.D. 05.01.20 1 _3 104400 Interior Signs (3 Pages) N.D. 05. 1.2013 10 50 00 Metal Lockers (4 Pages) N.D. 0 5.01.20 1 AAA Doc u me nt Al 3 3 I'm — 2009 Ex h i b it A. Co pyright 0 1991, 2003 end 20 09 by The A rn erican Institute of Architects. All ri g hts reserved. WARN IN G: T h is A I A Init. Document is protected �by U.S. Copyright Law aiid International Treaties- Unauthorized reproduction or distribution of this AJA , DocuMentr or any poftion of it, may result in severe civil and crinn i na I Pena Ities, and wilt be prosec, uted to the maximum extent possible Linder the law. This document was prod ticed by AIA software at 15:09:36 can 1010412013 Lj nd e r Order N o- 6 6613 47 0761 wh 1 c h expires ors 05/1912014, an d is not for resale_ User Notes: (79288382-3) Sheel # S Sheet Name D Date 108000 T Toilet & Bath Accessories (4 Pages) N N . D. 0 .01.?' 0 131 DIVISION I I— EQUIPMENT 11 1940 S Security Hardware (16 Pages) N N. D, 05. 0 1.20 1-"')' It 1950 S Security Accessories (3 Pages) N N. D. 0 5. 01: 0 1 _3 114123 W Walk- In Coolers (2 Pages) K KD. 05.0 1.20! 1 11 4' 00 E Equipment (2 Pages) 1 1. D. 05 , 01. 01 I It 6000 - -Evidence Processing Equipment (4 Pages) 1 1. D. 05. o 1.20 13 DWISION 12 — FURNISHINGS 12 9 3 43 S Site Fumishings (I Page) N N. D. 05.0 1.2 01 DYWSION 14 —CONVEYING SYSTEMS 1421 00 E Electric Elevators (9 Pages) N N.D. 05.01.20 1 DIVISION 20 — GENERAL MEP PROVISION 200000 G General Provisions (17 Pages) N N.D. 05. 0 1.2 0 1 200100 B Basic Materials & Methods (15 Pages) N N. D. 05.0 1.21 0 t 200700 I Insulation (I I Pages) N N. D. 0. 1. 0 13 DIVISION 21 — FIRE SUPPRESSION 21 0500 C Common or .esilts for Fire Suppression N N.D. 0 5.01.2 0 13" 210700 F Fire Suppression System hisulation N N.D. 05.01.201.) 21 0800 C Commissioning of Fire Suppression System N N.D. 05.O 1.1-0 1.3 21 0900 F Fire Suppression System Automation & Automatic Control System N N. D. 0 5. 01.2 01 21 1300 F Fire Suppression SprinMer Systems N N. D. 05.01.201 2 1 1 19 P Prewtion Suppression Systems N N.D, 05.01,20 1 _3 21 9000 F Fire Suppression ystern. Project Closeout N N.D� 05.01.2013 DIVISION 22 —PLUMBING 220500 C Common Work Results for Plumbing N N, D. 05.O 12013 220700 P Plumbhig Insulation N N.D , 0 5,01.2 0 1 220800 C Commissioning of Plumbing N N.D. 05-01.2013 220900 P Plumbiiig Automation & Automatic Temperature Control System N N. D. 05.012013 22 1000 P Plumbing Piping N N-U 05-01-2013 2221 23 N Natural Gas Systems N N. D. 05.01.2 13 223000 P Plumbing Equipment N N. D. 05.01,2013 224000 P Plumbing Fixtures N N.D. 0.5.012013 22 90 00 P Plumbing Project Closeout N N.D. 05.0 1-2-0 1 DIVISION 23 — HEATING, VENTILATION & AIR CONDITIOMNG [H C] 230501 M Mechanical.?-'Electrical Coordination (6 Pages) N N, D, 05.01.2 13 23 0502 B Basic Mechanical Requirements N N. D. 05.01.2013 23 05 03 B Basic Mechanical Materials & Methods N N. D. 05,01. 1. 2305 13 M 1. D. 05,01.2013 23 05 21 P Pipes & Pipe Fittings N N. D. 05.01. 01 71 0 :z 17 N P Pipiiig Accessories N.D. 05.01.2 13 P 23 05 23 V Valves N N. D. 05.01.20 1 _3 2 3 05) 2, 9 P Pipe Supports & Anchors N N.D. 05.01.2013 CIA Document Ala 3T14 — 2009 Exhibit A. Go pyrig ht 9) 1991' 20 a 3 and 2009 by The American Insti tute of Arc h i tects. Al I rights re s ery ad. WAR N I N G - This A [A' Docu merit is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distri b utio n of this Alk� Document, or any portion of it, may result in severe civil and crimf Pial pei,i alties, and wil I be prosecuted to the maxim u m extent possible U nder the darn. Thiia doc-urrient was produced by AIA s oftm re at 15;U9: 6 on 1010412,013 under order N o. 6 6613 47 0761 which expires an 05111312014, and is not for resale_ User Notes (792863823) Sheet # Sheet Name Date 23 0530 Electronic Speed Controllers N�D. 05.01 x2013 230548 Vibration Contra] N. D. 05,01.420 1 3 23 05 53 Mechanical Identificatiol) N. D. 05.0 11.20 13 230593 Test — Adjust - Balance N. D� 05 .O 1 -2013 230700 Mechanical Insulation N.D. 05.01.2013 230800 Building Mechanical System Commissioning N. D. 0 5. 0 1. -20 0 230801 Comm i ss i o n i n g Agent Requ i rements N.D. 05.01.2013 23 0900 Building Automation & Automatic Temperature Control Systems N.D. 05.01.2 1 -1 230902 Life Safety Systems N.D. 05.01.2013 23 0903 Smoke Management N.D. 05.01, 01 -3 2321 13 Hydronic Piping N.D. 05.01.2013 232123 HVAC Pumps N.D. 05.01.2013 2325 13 HVAC System Chernical Treatment N D. 05.01.2013 232600 Energy- Metering Devices N.D. 05. 01 .20 1 -3 2331 13 Ductwork N.D. 05.0 1.20 13 233300 Ductwork Accessories N.1 .0 5.0 1.2 0 L-' 3 233400 Fans N.D. 05.01.2013 23 3600 Air Terminal Units N. D- 05,01,2013 232700 Air Entels & Outlets N.D. 05.01.2013 23 5200 Boilers N.D. 05.01.2013 N.D. 0 5.01.20 1 '31 236426 Air-Cooled Water Chillers (70-400 Ton Air Cooled) 237323 Custom Air-Handling Unit Acoustic Testing Requirements N.D. 05. 01.2013 237500 Custom A it -Hand I in Units Mth C oil s (Modular or S ein i - C us tom) N.D. 05.01,2013 2381 19 Air Conditioning Units / Heat Pumps N. D. 05.01. 13 23 81 23 Electronic Room Air Conditioning Unit N. D. 0 5.0 1.2)013 23 82 16 Air Coils N.D. 05. 1.2013 23 82 19 Fan Coil Unit N- D. 05.0 12013 23 8239 Heating Terminal Unit N.D. 05.01. 13 N�D. 05.01,2013 239000 HVAC Project Close out DIVISION 26 — ELECTRICAL 230501 Mech are i cal / Electrical C oordmi at ion (6 Pages) N. D., 0 5.0 1.2 01 _3 260502 Electrical Requirements N.D. 05.01.2013 2605 03 Testing N.D. 05.01.20 13 N. D. 05-01.2013 260505 Manufacturers 260506 Basic Materials & Methods N. D. 0-5.01,2013 2 6 05 10 Project Closeout N.D,X3.01 013 2605 19 El ectr i cal Power Conductors & Cables N � D' 05.01, d-2 0 131 260526 Grounding & Bonding N.D. 05.01.2013 260529 Hanger & Supports N.D. 05.0 1.2 0 13 260533 Raceway & Boxes N.D, 05,01.2013 26 05 43 Underground Ducts, Raceways & Manholes N.D. 05.01.2 13 26 05 48 Vibration & Seismic Controls Identification N.D. 05.012013 26 05 53 N.D. 0 5, 0 1.20 10 Init. AIA Document Al 33-,m — 2009 Exh I b I t A. Copyright G 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNI NG -. Th is AIA' Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribLiti011 of this Ale Documentr or any POrti0il Of it, May result in severe civil and criminal penalties, and will be prosecuted to the maximum extent pc)-ss I bl Lt. u n der the law. This document was p ro d uced by A IA software at 15 - 0 9 - 36 en I 0104WI 3 under 0 rd ef N c. 6 661347 0761 whick expi re s on 0511 W2014, and is not for resale. User Notes: (792883823) Sheet A Sheet Name Network Lighting Control Date 260943 N s D. 05 �O 1.x.01.3 26 22 13 Low Voltage Distribution 'i'i-atis for iiiej-s Distribution Switchboards Pan elboards N.D. 05.01.20-13 262413 N.D � 05.01. 13 2624 16 N. D. 05.0 1.20 13 262600 Power Distribution Units N.D� 05.01.2013 16 27 26 Wiring Devices M N.D. 05.01.2013 2628 16 Enclosed Switches, Fuses & Circuit Breakers N.D. .01. X013 N.D. 05,01.2013 2632 13 Diesel Driven Generatai, Sets Static Uninterruptable Power Seipply 263352 N.D. 05.01.201.3 2 6 3 6 2-3 Automatic Transf�r Switches Lighting Protection for Structures N.D. 05.01.2013 2641 13 N - D- 05,01-2013 2643 1.3 Transtent Voltage Surge Suppression (T SS) (Selenium Erihanced) N.D - 0 5%. 0 1.2 01 2651 13 Lighting Fixtures N. D. 05-01.2013 265613 Poles & Standards N-D-05-01,2013 DIVISION 27 — COMMUNICATIONS 270500 Common Work Results for Communications (12 Pages) N.1 .05.01 .2013 270526 Telecommunications Grounding & Bonding (8 Pages) N-D. 270533 reel ecommunications Raceways & Boxes (I I Pages) N.D. 05. 0 1.2 0 13) 270536 Cable Trays N.D, 05.01.2 0 13 ) 270543 Underground Ducts, Raceways & Manholes N.D. 05.01.2013 27 1100 Communi cati ons Equips ent Room 'F it - 0 tit (8 Pages) N.D. 05.01.` 13 2713 13 Communications Copper Backbone Cabling N.D. 05.01 �2013 271323 Communications Optical Fiber Backbone Cabling (9 Pages) N.D. 05rO 1-2013 27 1500 Communications Horizontal Cabling (14 Pages) N.D. 05 . O 1.201 -1 275123 IP Intercom System (I I Pages) N.D. 05,01.20, DIVISION 28 — ELECTRONIC SAFETY & SECURITY 290000 Security Systems - General (23 Pages) N. J. 05P. 0 1. 2 013 280001 Security System Monitoring & Controls (17 Pages) N.D. 05,01.20 *13 28 1300 Access Controls (26 Pages) N.D. 0 5.01.20 1 282300 IP Video Surveillance System N.D. 05.012013 28 31 00 Addressable Fire Alarm System (17 Pages) N.D. 0 5.01.20 13 2831 10 Smoke Management N, 1.), 0. x.01.201.) DIVISION 31 — EARTHWORK 3122 19 Finish Grading (I Page) Temite Control (2 Pages) N.D. 05.01.2013 313116 N.D. 05.01.2013 316329 Drilled Piers (6 Pages) N. D. 0 5. 0 1.2 0 L) DIVISION 32 — EXTERIOR IM PRO V E ME N-TS 32 15 10 Sandblast Concrete FM'ish (I Page) . 110,01,20 1"33 N.D. 0 5. 01.2 013 32 15 12 Colored Concrete Paving (2 Pages) 3231 10 Exterior Gate Operators (4 Pages) N.D. 05.01.2 13 32 31 19 Metal Fencing (3 Pages) N.D. 05.01.2013 InIt. AJA Doc u mant Al 33 T11 — 2009 Exhibit A. Copyright Z 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARN ING : Th Is Al A- Document is protected by U.S. Go pyright Law and I nternatio nal Treaties- Unauth or zed reproduction or distribution of th is AW" Docurnent, or any portion of it, may result in �evere cis PI and criminal penalties, and will be prosecuted to the ma xi murn extent possible Linder the law. This document was produced by AIA soffovare at 15,09,36 on 10/0412013 under Order No-66613470761 which expires on 05119)2014, and is not for resale. User Notes, (792883823) § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either .list the Drawings here, or rqfer to an exhibit attached to ihis Agreement.) Reference October 04, 2013 GNI Deliverable — GMP Documents Sheet # Sheet Name Date CVR COVER 05.01.2013 CIVIL C- I SHEET INDEX 05.01.2013 C-2 GENERAL NOTES 05.01.2013 C-3 DEMOLITION PLANS 05.01.2013 C-4 E ON CONTROL PLAN 05.01.2013 C-5 DIMENSION CONTROL PLAN 05.01.2013 C-6 RA TN PLAN 05.01.2013 C-7 PROPOSED CONDITIONS DRAINAGE AR-EA MAP 05.01.2013 C-8 STORM DRAIN PLAN 05.01. 2013 05-01,2013 05.01.2013 C-9 UTILITY PLAN C-3 8 PAVING DETAILS C-39 PAVING DETAILS STORM DETAILS STORM DETAILS 05.0 1 . ]-'-3 C-40 0 5 - 01.20 1 3 C-41 05.01.2013 C-42 STORM DETAILS 05,01.2013 C-45 WATER DETAILS 05.OL2013 C-46 WATER DETAILS 05.01.2013 C-47 SANITARY SEWER DETAILS .01 013 STRUCTURAL slot GENERAL NOTES 05.01.2013 S102 STATEMENT OF SPECIAL TNSPECTIONS 05, 01.20 13 S211 FLOOR PLAN - LEVEL I - AREA A 05.01.2013 S212 FLOOR PLAN - LEVEL I - AREA B 05.01.2013 5213 FLOOR PLAN - LEVEL I - AREA C 05.01.2013 S214 FLOOR PLAN - LEVEL I - AREA D 05.01.2013 S215 FLOOR PLAN - LEVEL I - AREA E 05.01.2013 S221 FLOOR PLAN - LEVEL 2 - AREA A 05.01.2013 5222 FLOOR PLAN - LEVEL 2 - AREA B 05.01.2013 5223 FLOOR, PLAN - LEVEL 2 - AREA C 05 . O 1.2013 5224 FLOOR PLAN - LEVEL 2 - AREA D 05.01.2013 S225 FLOOR PLAN - LEVEL 2 - AREA E 05.01.20 13 S231 FLOOR PLAN - LEVEL 3 - AREA A 05.01. 013 S232 FLOOR PLAN - LEVEL 3 - AREA B 05.01.2,013 S233 FLOOR PLAN - LEVEL 3 - AREA C 05.01.2013 S 23 4 FLOOR PLAN - LEVEL 3- AREA D 05.01.2013 S235 FLOOR PLAN - LEVEL 3- AREA E 0 x.01. 2 013 S241 ROOF PLAN - AREA A 05.012013 5242 ROOF PLAN - AREA B 05.01.2013 Init. AFA 0a cu m ent Al 3 3Tm — 2009 Ex h i b it A. Co pyri gh t 0 1991, 2003 and 2009 by The American Institute -of Architects. All ri g hts reserved. VV AR N I N G. T h is A, I A Document Fs protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AJA'" Document, or any 8 portion of it, may res Lj It 'Pri severe civil and crim inal Pena Ities, and will be prosecuted to the maximum extent possible tj nder the law. This document was produced by AIA software at 15:0936 on 1010412013 under Order NO-65613470761 which expires on 0511912014, and is not for resale. User Notes: (792883623) Sheet # Sheet Name Date 5243 ROOF PT. AN - AREA C 05.01.2013 S244 ROOF PLAN - AREA D 05,01,2013 S245 ROOF PLAN - AREA E 'PENTHOUSE ROOF PLAN - AREA E OUTBUILDING 05.01-2013 S255 0.01. 013 S261 05.01,2013 S301 TYPICAL CONCRETE DETAILS 05.01. 013 S 3 0 3 TYPICAL COLUMN DETAILS 05.01.211013 S-304 TYPICAL BEAM DETAILS 05.01.2013 S305 TYPICAL SLAB DETAILS 05.01. 2013 S306 TYPICAL PAN -JOIST DETAILS 05.01,2013 S310 CONCRETE DETAILS - LEVEL 1 05.01.2013 5 311 CONCRETE DETAILS - LEVEL 1 05.01,2013 S320 CONCRETE DETAILS - LEVEL 2 05.0 1.2013 S321 CONCRETE DETAILS - LEVEL 2 05-01.2013 S330 CONCRETE DETAILS - LEVEL 3 05.01.2013 5340 CONCRETE DETAILS - ROOF 05.01.2013 S401 TYPICAL MASONRY DETAILS 05.01.20 13 S501 TYPICAL STEEL DETAILS 05�011,2013 S510 STEEL DETAILS 05.012013 ARCHITECTURAL AOOO TEXAS ACCESSIBILITY STANDARD TAS) 05.01.2013 A101 SITE PLAN / SITE DETAILS 05.01.201� A201 LEVEL I FLOOR PLAN - R-EFERENCE 05,01.2013 05.01.2013 A202 LEVEL 2 FLOOR PLAN - REFERENCE LEVEL 3 FLOOR PLAN - REFERENCE A203 05.01.2013 A210 FLOOR PLAN - LEVEL I - AREA "A" WALL TAGS, DIMENSIONS FLOOR PLAN - LEVEL I - AREA "A" EQUIPMENT.) INTERIOR ELEVS. 05,01.2013 A211 05. 1. 0 13 A212 FLOOR PLAN - LEVEL I - AREA 'B' WALL TAGS, DIMENSIONS 05,01.20 A213 FLOOR PLAN - LEVEL I - AREA 'B' EQUI PMENT5 IN TERtOR ELEVS. 05.01.2013) A214 FLOOR PLAN - LEVEL I - AREA 'C' WALL TAGS, DIME N SION S 05. 0 1. -20 1 A215 FLOOR PLAN - LEVEL I - AREA 'C'EQUIPNIENT, INTERIOR ELEVS. 05.01.2013 A216 FLOOR PLAN - LEVEL I - AREA "D'WALL TAGS., DIMENSIONS 05-01.2013 A217 FLOOR PLAN - LEVEL I - AREA '135 EQUIPMENT,. INTERIOR ELEVS. 05.01.2013 A21 8 FLOOR PLAN - LEVEL I - AREA � F ` WALL TAGS, DIVMNSIONS 05.01.2013 A219 FLOOR PLAN - LEVEL I - AREA - E EQUI PM ENT, INTERIOR ELEVS. 05.01.2013 A220 FLOOR PLAN - LEVEL 2 - AREA 'A WALL TAGS, DIMENSIONS K01.2013 A221 FLOOR PLAN - LEVEL 2 - AREA "A" EQUIPNENT3, INTERIOR ELEVS. 05.01.2013 A222 FLOOR PLAN - LEVEL 2 - AREA 'B' WALL TAGS, DINE NSION S 05.01.2013 A.? 2 31 FT ..00R PLAN - LEVEL 2 - AREA 9 B-5 EQUIPMENT, INTERIOR ELEVS. 05.01.2013 A224 FLOOR PLAN - LEVEL 2 - AREA 'C'ALL TAGS, DIMENSIONS 05.01.2013 A225 FLOOR PLAN - LEVEL 2 - AREA 5C1 EQUIPMENT, INTERIOR ELEVS. 05.01.2,013 A226 FLOOR PLAN - LEVEL 2 - AREA'DWALL TAGS, DIMENSIONS 05.01.2013 A227 FLOOR PLAN - LEVEL 2 - AREA 'D' EQUIPMENT, fNTERIOR ELEVS. 05.01.2013 Init. Al A Docu me nt Al 33 TIJ — 2009 Ex h i bit A. Go pyri g ht C 1991, 2003 and 2,00 9 by The Arn erican I nsWLAe of Arc hitects. Al I rig h is re s ery ed. WAR N I NG: T h is A I A' Document 's 1 protected by U.S. Copyrig lit Law and International Treatiet-s. Unauthorized mprod uction or d of this AIA Document, or a nor portion of it, may resu It 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 15-09-38 on 1010412013 under Order No.6661-3470761 which expires on 0511912014. and is not for resale. user Notes, X792883823) Sheet 4 Sheet Name Date A228 FLOOR PLAN - LEVEL 2 - AREA 'E' WALL TAGS3 DIMENSIONS 05.01.2013 A229 FLOOR PLAN - LEVEL 2 - AREA 'PE-P EQUIPMENT, INTERIOR ELEVS. 05.01.2013 A230 FLOOR PLAN - LEVEL 3 - AREA " A'WALL TAGS, DIMENSIONS 05.01.2013 A231 FLOOR PLAIN - LEVEL 3 - ARFA ~A' FQ LlIPMENT, INTERIOR ELEVS. 05.012013 A232 FLOOR PLAN - LEVEL 3 - A R EA 1 B' WA LL TAGS,, AMENS TONS 05.0L2013 A233 FLOOR PLAN - LEVEL 3- AREA ')B" EQLTIPME NT) TNTE- RJOR ELEVS, 05.0192011 A234 FLOOR PLAN - LEVEL 3 - AREA 'C' WALL TAGS, DIMENSIONS 05.01.2013 A235 FLOOR PLAN - LEVEL 3 - AREA "C' EQUPMENT, INTERIOR. F1 -EVS. 05.01. 013 05�0192013 05.01.2 13 A236 FLOOR PLAN - LEVE L 3 - AREA 'D' WALL TA GS, DIMENSIONS A237 FLOOR PLAN - LEVEL 3 - AREA 'D1 EQUIPMENT, INTERIOR ELEVS. A23 8 FLOOR PLAN - LEVEL 3 - AREA 'E' WALL TAGS, DIMENSIONS 05 .01.2013 A. FLOOR PLAN - LEVEL 33 - AREA 'E" EQLTfPMENTj INTERIOR ELEVS. 05.0I. 013 A245 FLOOR PLAN - PENTHOUSE - AREA 'E' 05.01.2013 A250 FLOOR PLAN - OUTBUILDTNG 05.01.2013 A260 EQUIPMENT SCHEDULE 05.01.2013 A290 ROOF PLAN 0 -5. 0 1. 2 013 A3 11 REFLECTED CETI, NIG PLAN - LEVEL I - AREA 'A' 05.0 1 . 2013 A312 REFLE CTED CEILING PLAN - LEVEL I - AREA 'B' 0 5. 01.2 01 � A313 REFLECTED CEILING PLAN - LEVEL 1. - AREA 'C' 05.0 1 - 013 A314 REFLECTED CEILING PLAN - LEVEL I - AREA'D' 05.01.2013 A3 15 REFLECTED CEILING PLAN - LEVEL I - AREA "E" 05.01.2013 A321 REF CEILING PLAN - LEVEL 2 - AREA "A" 05.01.2013 A322 REFLECTED CEILING PLAN - LEVEL 2- AREA 'B' 05.01.2013 A323 REFLECTED CEILING PLAN - LEVEL 2 - AREA -C" 0 5.01.20 13' A324 REFLECTED CEILING PLAN - LEVEL 2 - AREA .D` 05.01.2013 A325 REFLECTED CEILING PLAN - LEVEL 2 - AREA "E' .01. 01 A332 REFLECTED CEILTNG PLAN - LEVEL 3 - AREA "A & B" 0 5.01.20 13' A333 REFLECTED CEILING PLAN - LEVEL 3 - AREA 'C' 05.01.20 13 A334 REFLECTED CEILTNG PLAN - LEVEL 3 - AREA 'D' 05.01.2013 A335 REFLECTED CEILING PLAN - LEVEL 3 - AREA 'E" 05.01.20 13 A345 REFLECTED CEILING PLAN - PENTHOUSE - AREA '9E'9 05.01.2013 A401 BUILDrNG ELEVATIONS 05.01.2013 A501 BLTILDING SECTIONS 05.01.2013 A502 BUILDING SECTIONS 05.01.2013 A503 BUILDING SECTIONS 05.01.2013 A-504 BLHLDING SECTIONS 05.01.2013 A505 BUILDING SECTIONS 05�OL2013 A506 BUILDING SECTIONS 05901.2013 A511 WALL SECTIONS 0 5. - 0 Lr2 0 13' A512 WALL SECTIONS 0 5.0 1.2- 013 A513 A514 WALL SECTIONS WALL SECTIONS WALL SECTIONS 0 5.01.201 "3 05.0 1.2013 05.01.20 13 Init. AIA Dcr..urnent A133 TM — 2009 Exhibit A. CQPYFight 0 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA!' Docti me nt is rotected b US. Copyright Law and Internation, al Treatises. Unatithorized reprod uct-loo or distribution of this AJA : Document, or any prtir of it, may restj It in severe civil and criminal penalties. and will be pros - uteri to the maximum extent possible under the law. This docurnent was p ro d u ced b y AIA qs ofMare at IS -. 0 9 -. 36 o ri 10/0412013 und e r Orde r N e.6561 347 076 1 wh ich expi res an 0511 V2014, an d i s not fo r resale. User Notes: (792883823) Sheet # Sheet Name Date A516 WALL SECTIONS 05.01 013 A517 WALL SECTION 05.01.2013 A518 WALL SECTIONS 05.U21013 A519 WALL SECTIONS 05.01,2013 A521 SECTION DETAILS 05.01.2013 A522 SECTION DETAILS 05.01. 013 A701 DOOR SC-HEDULE - FIRST FLOOR 05.01. 013 A702 DOOR SCHEDULE - SECOND & TWRD FLOORS 05.01.2013 05.01.20 1 _3 0.5.01.2013 A 7 0 31 DOOR TYPES & DETAILS A704 PARTITION TYPES & DETAILS A800 FINISH SCHEDULE, NOTES & LEGEND 05.01.2013 A811 FLOOR FINISH PLAN - LEVEL I - AREA 'A' 05.01.2013 A812 FLOOR FTNISH Pi__ AN - LEVEL I - AREA 'B' 05.01,2013 A813 FLOOR FINISH PLAN - LEVEL I - AREA 'C" 05-01.2013 A814 FLOOR FrNISH PLAN - LEVEL I - AREA 'D" 05.O 1.2013 A815 FLOOR FINISH PLAN - LEVEL I - AREA "E" 05.01.2013 A821 FLOOR FINISH PLAN - LEVEL -2 - AREA 'A' 05.01.2013 A822 FLOOR FINISH PLAN - LEVEL 2 - AREA 'B" 05.01.2013 05.01.20 13 A823 FLOOR FINISH PLAN - LEVEL 2 - AREA 'C' A824 FLOOR FINISH PLAN - LEVEL 2 - AREA *D' 05.01.2013 A825 FLOOR FI1 11 PLAN - LEVEL 2 - AREA 'E' 05.01.2013 A831 FL OO FINI S 1i PLAN - LE V EL 3 - AREA "A' 05,01.2013 A832 FLOOR FINISH PLAN - LEVEL 3 - AREA 'B' 05.01.2013 A833 FI.00R FINISH PLAN - LEVEL 3 - AREA 'C' 05.01.2013 A834 F L 0 0 R FINJ S H PLAN - LEVEL, 3 - AREA 'D' --67501,2013 A835 FLOOR FINISH PLAN - LEVEL 3 - AREA 'E' 05.01.2013 A845 FL 0 0 R FINISH PLAN - PENTHO US E - AREA 'E 05.01.20 131 A901 INTER JOR ELEVATIONS 05.01+20 13 A902 INTERIOR ELEVATIONS 05.x] 1.x.013 A90-) INTERIOR ELEVATIONS 05.0 L2013 A904 FNTERJOR ELEVATIONS .0I. 13 A905 INTERIOR ELEVATIONS 05. 01.2013 A906 INTERIOR ELEVATIONS 05.01.2013 A907 INTERIOR E.I.EVATIONS 05.01.2013 A908 I N'FERI OR E LE VATION S 05.01,2013 A909 INTERIOR ELEVATIONS 05.01.2013 A910 FNTERTOR ELEVATIONS 05.01.2013 A911 INTERIOR ELEVATIONS 05.01.2013 A912 INTERIOR ELEVATIONS - COURT 05.012013 A913 INTERIOR ELEVATIONS - COUNCIL 05-01,2013 DD-SHEETS DD-101 COMMUNIT ECON. DEVEL. PURCHASING UTILITY 05.01. 01 DD-10 COURT AD-MINISTRATION 05.01.2013 X111. Al A Document Al 33 Tm — 2009 Exh i bit A. Copyright C 1901, 2003 and 2000 b y The Arn ar i ca n Institute of Architects, A ( rights reserved. VVA R N I N 0 -. This A I A" Ooctiment is protected by U.S. Copyright Law arid Intematio rya l Treaties. Unauthorized reproduction or distribution of this AIA5 Document, or-ariy portion of it, may result in severe civil and criminal pens IfleS, and will he prosecuted to the maximi-i m extent possible under the law. This document was produced by A IA software at 15:09; 36 c ri 1 W0412013 gander 0 rd ef No. 6 661347 07.81 which expires on 0511 9/2014, a A is not for resale, User Notes: (792883823) Sheet 9 Sheet Name Date DD-1 10 FIRE PREVENTION 05.01. 2013 D-11 I SUPPORT BUILD(NG 05.01.2013 DD- 112 LOGISTICS 05.01.2013 DD -1 DEVELOPMENT SERVICES 05.01. 01 0 5.01,2 01 DID -1 20A DEVELOPMENT SERVICES D,D- 121 PROPERTY & FVIDENCE 05.01.2013 DD -1 4 DE TENON 5.01, 01 DD-124A DETENTION 05.01.2013 DD-200 GIS & I'S STORAGE 05.01.2013 DD-201 CTTY MANAGER, CITY SEC. 05.01.2013 DD-209 MUNICIPAL COURT 0.01. 01 DD-22 11 WMAN RESOURCES 05.01.2013 DD-212 TWORMATION SERVICES 05.01.2013 DD-213 TRAIT NG/EOC 05.01.2013 DD-223 RECORDS 05.01.2013 DD-224 PUBI-IC ACCESS 05.01.2013 DD-225 PATROL 0 5. 0 1. 2 013 DD -310 BUDGET/FINANCE 05.0 1 .2013 DD-311 PAID 05.01.2013 DD-315 COUNCIL CHAMBERS 05,01.2013 05.01.2013 DD-320 POLICE ADMINISTRATION DD-3321 CID/ SIU 0 5.01.20 13 DD-321A CID/SIU 05.01.2013 DD-322 COMMIJNTCATTONS 05,01.2013 DD-323 FIRE ADMINISTRATION 05.01.2013 MEP MEP I MEP SCHEDULES 05.01.2013 M 1 .132 MEPSCHEDULES 05.01.2013 MEP MEP SC]HEDULES 05,01.2013 MEP4 MEP SCBEDULES 0 5. 0 1.22 0 13 MECHANICAL M0000 MECHANICAL LEGEND 05.01.2013 M101 WCHANICAL GEN NOTES LEVEL I REF PLAN 05.01.2013 M201 05.01.2013 P M202 LEVEL 2 REF PLAN 05.01.2013 M203 LEVEL 3 REF PLAN 05,01.2013 M204 PENT14OUSE ROOF PLAN (15.01.2013 M211 ME CH PLAN - LEVEL I - AREA A 05.OL2013 M212 ME PLAN - LEVEL 1- AREA B 05.01.2013 M213 MECH PLAN - LEVEL I- AREA C 05.01.2013 1 1214 MECH PLAN - LEVEL I- AREA D 05.01.2013 M215 ME CH PLAN - LEVEL I - AREA E 05.01.2013 M216 ME CH PLAN - LEVEL I - OUTBUILDING 05,01.2013 T14 Init. AIADocumentA133 — 2009 Exhibit A. Copyright D 1091, 2003 and 2009 by The Arnerican Institute of Architects. All rights reserved, WARNING. This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or d-Ish-lbution of this AIAL'Y Document, or any 12 portion of it, may result in severe civil and crimi nal penalties, and will be prosecuted to the maximum extent possilate under the law. This docti rnent was produced by AIA software at 15,09,36 on 10104/2013 under Order Na, 6661 347076^ 1 which expires on 05/1912014, and is not for resale. User Notes,. (792383823) Sheet# Sheet Name Date M221 MECT-1 PLAN - LEVEL 2 - AREA A 05.01.2013 M222 MECH PLAN - LEVEL 2 - AREA B 05.01.2013 M223 MEIN PLAN - LEVEL 2 - AREA C 05.01.2013 M224 ME IN PLAN - LEVEL 2 - AREA D 05.01.2013 M225 MECH PLAN - LEVEL 2 - AREA E 05. 01.2013 M-226 ME IN PLAN - LEVEL 2 - OUTBLJTLDTNG ROOF PLAN 0 5.01.201.3 M231 MEIN PLAN - LEVEL 3 - AREA A 0 5.01.2113 M232 ME IN PLAN - LIE VEL 3 - AREA B 05.01.2013 M233 MECH PLAN - LEVE L 3 - AREA C 0 5.01.201 M234 ME CH PLAN - LEVEL 3 - AREA D .01. 013 M235 ME CH PLAN - LEVEL 3 - AREA E 05.01.2013 M241 ME CH PLAN - PENT14OUSE - AREA A 0-5.01.2013 M242 ME CH PLAN - PENTHOUSE - AREA B 05.01.2013 M243 ME CH PLAN - PENTHOUSE - AREA C .01. 13 M244 ME IN PLAN - PENTHOUSE - AREA D 05.01.2013 M245 ME CH PLAN - PENTHOUSE - AREA E 05.012013 M311 ME CH PIPING PLAN - LEVEL I - AREA A 05.01.2013 M312 MECH PIPING PLAN - LEVEL I - AREA B 05 . 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AIA Document Al 33Tm — 20 0 9 Exhibit A. Copyri ght 0 1991, 20 03 and 2009 by The American Institute of Architects. h i tects - All rights reserved, WAR N I N G. This. Al A'2 cument is p rotected by U.S.. Copyright Law and Intern atlional Treaties. Unauthorized reproduction or distribution of this AM" Do Doc u i-Fient, or any 13 portion of it, may res-ult in severe civ irl and criminal penalties, and will be p rosecuted to th-Lt- nnaximu rn extent possible nn der the law. This dc)c'umenl was produced by A [A s Gftwa re at 1,x:09;36 an 1 Cffi 4 /2Q 13 under 0 rder N o- 66 6134 70761 vvh i c h expires o n 0511912014, and is not for resale_ User Notes, (792383823) Stied Sheet Name Date E021 ELECTRICAL ONE LINE DIAGRAM 05.01.2013 E021 ELECTRICAL ONE LINE DIAGRAM (RED LINE) Rec'd 06.26.13 E022 ELECTRICAL ONE LINE DIAGRAM 05.01- 01 E022 ELECTRICAL ONT LINE DIAGRAM (RED LINE) Rec'd 06.26.13 E031 LIGHTING FIXTURE SC"EDULE 05.01.2013 E100 Unnamed ELECTRICAL SITE PLAN 05,01.2013 E200 05,01.2013 E211 ELECTRICAL FLOOR PLAN - LEVEL I - AREA A 05,01.20 1 E212 ELECTRICAL FLOOR PLAN - LEVEL I - AREA B ELECTRICAL FLOOR PLAN - LEVEL I - AREA C 05, O 1.x01 E213 05,01.2013 E214 ELECTRICAL FLOOR PLAN - LEVEL 1- AREA D ELECTRICAL FLOOR PLAN - I -F-,VF--L I - AREA E 05.01.2013 E2 I _55 05.01.20 13 E216 ELECTRICAL FLOOR PLAN - LEVEL IL — OUTBUILDING 05.01.2013 E221 ELECTRICAL FLOOR PLAN - LEVEL 2 - AREA A 05.01.2013 E222 ELECTRICAL FLOOR PLAN - LEVEL 2 - AREA B 05.01.2013 E223 ELECTRICAL FLOOR PLAN - LEVEL 2 - AREA C 05.01.2013 E224 ELECTRICAL FLOOR PLAN - LEVEL 2 - AREA D 05.01.2 13 E225 ELECTRICAL FLOOR PLAN - LEVEL 2 - AREA E 05.0120 13 E.2 r3` I ELECTRICAL FLOOR PLAN - LEVEL 3 - AREA A 05-01.2013 E232 ELECTRICAL FLOOR PLAN - LEVEL 3 - AREA B 05.0 1.2013 E233 ELECTRICAL FLOOR PLAN - LEVEL 3 - AREA C 05.01.2013 E234 ELECTRICAL FLOOR PLAN - LEVEL 3 - A- EA D 05.01.2013 E235 ELECTRICAL FLOOR PLAN - LEVEL 3 - AREA E 05.01.2013 E242 ELECTRICAL FLOOR PLAN - PENTHOI-JS-E LEVEL - AREA B 05.01.2013 E243 ELECTRICAL FLOOR PLAN - PENTHOUSE LEVEL - AREA C 05.01. 2013 E244 ELECTRICAL FLOOR PLAN - PF-MTHOUSE LEVEL - AREA D .01. 01 E245 ELECTRICAL FLOOR PLAN - PENTHOUSE LEVEL - AREA E 05.01.2013 E300 SITE LIGHTING PLAN 05.01.2013 E311 REFLECTED CEILING PLAN - LEVEL I - AREA A 05.01.2013 E312 REFLECTED CEILING PLAN - LEVEL I - AREA B 05.01.2013 E312 REFLECTED CEILING PLAN - LEVEL I - AREA B (VE RLVISION) 06.14.2013 E313 REFLECTED CEILFNGPLAN - LEVEL I - AREA C 05.01.2013 E313 REFLECTED CEILING PLAN — LEVEL I — AREA C (VE- 1" V IS ION) 06.14.2013 E314 REFLECTED CEILING PLAN — LEVEL 1— AREA D 05.01. 013 E315 REFLECTED CSILT NG PLAN — LEVEL I — AREA E 05.01. 013 E316 REFLECTED CEILING PLAN — OUTBUILDING 05.01. 01 E321 REFLECTED CEILING PLAN — LEVEL 2 — AREA A 05.01,2013 E322 REFLECTED CEILING PLAN — LEVEL 2 — AREA B 05.01. 013 E33 2 _- 1) REFLECTED CEILING PLAN — LEVEL 2 — AREA C 05,01.2013 E3 4 REFLECTED CEILING PLAN — LEVEL 2 — AREA D 05.01.2013 Ex _32 _5 REFLECTED CEILING PLAN — LEVEL 2 — AREA E 05.01.20 13 05.01.2013 E _33 1 REFLECTED CEILING PLAN — LEVEL 3. — AREA A E3132. REFLECTED CEILING PLAN — LEVEL 3 — AREA B 05.01.2013 Init. AJA Document Al 33Tm — 20 09 Exh IbIt A. Copri y g ht 0 1991, 2003 and 2009 by The American Institute of Architects. tects. Al I rights reserved. 'NARN I M G - TIC i:s AI A'�' Document protected by U.8- Copyright La and International Treaties. Unauthorized reproduction or distribution of this AWoc ' Dument. or any 14 portion of iu� w t, may -result in severe civ iJ a nd criminal petialties, a nd will be proSeUlted to the maximum extent possible under the law. This document was produced. by AI A software at 1 5:09;33 on 10/0412013 under Order No, 66613470761 which expires on 0511912014, and Is not for resale, User Notes: (792883823) Sheet # Sheet Name Date E333 REFLECTED CEILING PLAN - LEVEL 3 - AREA C E334 REFLECTED CEILING PLAN - LEVEL 3 - AREA D X15. 1.2013 E335 REFLECTED CEILING PLAN - LEVEL 3 - AREA E 05.01.? 01 _31 E345 REFLECTED CEILING PLAN - LEVEL 4 - AREA 1, 05.01.2013 E401 ENLARGED ELECTRICAL PLANS 05.01.2013 E 4 0 22 NORTH AND SOUTH [_ IG HT ING ELEVATION (VE REVI SION ) 06.14.201 3 1':401 FAST AND W EST LIGHTING ELE VATIONS (VE PREVISION) 06.14.2013 E501 DETAILS 05.01.2013 E502 DETAILS 05.0 12013 PLUMBING FP101 FIR EPRO TECTION, NOTES AND LEGEND 05.0122013 05,01.2013 FP1 02 FIRE PROTECTION FLOOR PLANS POO I PLUMBING NOTES AND SYMBOLS 05.01,2013 P002 PLUMBING SCHEDULES 05.01. 01 P101 LEVEL I - PLUMBING REFERENCE PLAN 05.01,2013 P102 LEVEL 2 - PLUNIBING REFERENCE PLAN 0 5. 0 1.220 13 P 1031 LEVEL 3 - PLUMBING REFERENCE PLAN PLUMBING PLAN - UNDERGROUND 05.0 1, 13 P210 5. 1.201 P21 I PLUMBING PLAN - LEVEL I - AREA A 05.01.2013 P212 PLUMBING PLAN - LEVEL 1 - AREA B 05.01.2013 05.01.2013 P213 PLUMBING PLAN - LEVEL I AREA C P214 PLUMBING PLAN - LEVEL J - AREA D 05.0 1.2013 P215 PLUMBING PLAN - LEVEL I - AREA E 05.01.2013 05.01.2013 P216 P LAB ING PLAN - LEVEL 1 - OUTBtJILDING P221 PLUMBING PLAN - LEVEL 2 - AREA A 05.01.2013 P222 PLUMBING PLAN - LEVEL 2 - AREA B 05.01.2013 0,55. 0 1. 20 1.) P223 PLUMBING PLAN - LEVEL 2 - AREA C 1 PL UMBING PLAN - LE V L 2 - ARE A D P224 05.01.2013 P225 PLUMBING PLAN - LEVEL2 - AREA E 05.01.2013 P231 PLUMBING PLAN - LEVEL 3 - AREA A PLUMBING PLAN - LEVEL 3 - AREA B 05,01.2013 P232 0 5.01.20 t 3 P233 PLUMBING PLAN - LEVEL 3 - AREA C x5.01. 01 05.01.2013 05.01.2013 P234 PLUMBING PLAN - LEVEL 3 - AREA D P23 5 PLUMBING PLAN - LEVEL 3 - AREA E P241 PLUMB 1N PLAN - ROOF 05.01.2013 P401 NATUTR AT, GAS RISER DIAGRAM 05.01.. 13 05.011013 P50 PLUMB TN DETAILS TECHNOLOGY TOGO TECHNOLOGY LEGEND AND NOTES 05. 0 1. 2 013 T010 TECHNOLOGY ONE-LINE DtAGRAMS 05.01.2013 TO] I TECHNOLOGY ONE-LINE DIAGRAMS 05.01.2013 T021 TECHNOLOGY SECURITY SCHEDULE 05.01.2013 T022 TECHNOLOGY SECURITY SCHEDULE 05.01.2013 A Document A133 2009 Exhibit A. Copyright 0 1991. 2003 and 2009 by The American I ns titute of Aroh i tects. All rig hts reserved. WAR N I N G - T h is AI Ar. init. Doctiment is protected by U. Co py right Law and International Treaties. Unauthorized reproduction or d istribution of th is AJk' DocUrnerit, or arly is portion of it, may result in severe civi I a rid criminal penalties, and witl be prosecuted to the may imLl rn extent posse ble und-er the law- This docurnerit was p roduced by ALA softwe re at 15,0-9,36 on 10/0 4120 13 under Ord er N o. 6661347 0761 which expires on 0511 9/2014, and is not for resale. Us or Not as: (792883823) Sheet # Sheet Name Date T023 TECHN (L OG Y SECURITY SCI JE DULE 05,01. 0 13 T024 TECHNOLOGY SECURITY SCHEDULE 05.01. 2013 TI 00 TECHNOLOGY SITE PLAN 05,01. 2013 T201 LEVEL I TECHNOLOGY REFE REN CE PLAN 05-01.2013 T202 LEVEL 2 TECHNOLOGY REFERENCE PLAN LEVEL 3 TECHNOLOGY REFERENCE PLAN 05,01 . 2013 T203 05.01.2013 T211 TECHNOLOGY FLOOR PLAN - LEVEL I - AREA A 05.01.2013 05.01-2013 T212 TECHNOLOGY FLOOR PLAN - LEVEL I - AREA B T213 TECI fNOLOGY FLOOR PLAN - LEVEL 1 - AREA C 05.01.2013 T214 TECHNOLOGY FLOOR PLAN - LEVEL I - AREA D 05.01.2013 T215 TECHNOLOGY FLOOR PLAN - LEVEL I - AREA E 05.01.2013 05.01.2013 T221 TECHNOLOGY FLOOR PLAN - LEVEL 2 - AREA A T222 TECHNOLOGY FLOOR PLAN - LEVEL 2 - AREA B 05.01.2013 05.01.2013 T223 TECHNOLOGY FLOOR PLAN - LEVEL 2 - AREA. C T224 TECHNOLOGY FLOOR PLAN - LEVEL 2- ARE A D 0 -5. 0 1. 2 013 T225 TECHNOLOGY FLOOR PLAN - 'LEVEL 2 - AREA E 05.01.2013 T231 TEC14MOLOGY FLOOR PLAN - LEVEL 3 - AREA A 05.01.2013 T232 TECHNOLOGY FLOOR PLAN - LEVEL 3 - AREA B 05.0 1.2013 T233 TECHNOLOGY FLOOR PLAN - LEVEL 3 - AREA C 05.01.2013 05.01.2 013 T234 TECHNOLOGY FLOOR PLAN - LEVEL 3 - AREA D T235 TECHNOLOGY FLOOR PLAN - LEVEL 3 - AREA E .01, 01 T245 FLOOR PLAN - PENTHOUSE - AREA E 0 5.01.2 0 13 T300 TECHNOLOGY ENLARGED INTERVIEW ROOM PLANS 05-01.2013 ' 1 01 TECHNOLOGY ENLARGED ROOM PLANS 05.01.2013 T400 TECHNOLOGY DETAILS TECHNOLOGY DETAILS TECHNOLOGY DETAILS 05.01.2013 T401 05-01.2013 T402 05,01.2,013 T403 TECHNOLOGY DETAILS 0 5 .0 1.201 31 T404 TECHNOLOGY DETAILS 05.01.2013 T405 TECHNOLOGY DETAILS 05.01.2013 LANDSCAPE T.101 COST PROJECTION 05.01.2013 L102 LANDSCAPE SITE PLAN LIGHTING 05,01.2013 316329 Drilled Piers (6 Pages) N- F). 05-01-2013 MISCELLANEOUS COVF.Rfl) PARKING NARRATIVE (BSA) 0 5.3 1.--) 0 13 LIGHTING CONTROL MATRIX (EXCEL.) 06.24.2013 LIGHTING NARRATIVE '06.16.2013 VALUE ENG 1N LL RING — CIVIL ITE MS (TEC HNI CAL ME M, ORAN D LJM) 06,14.2013 ALLJM POLYCARBONATF TRELLIS rcb COUNCIL LVL N, D. 06. 17.2013 ALUM 130 LY CARBONATE TRELLIS -rd) COUNCIL LVL-.PLAI\ N.D. 06.17.2013 FINISH CHANGES AND OPTIONS 0 6.11.2 013 MAIN ATRIUM ELEVATION N.D. 06,17-2013 AI► Doc u merit Al 33TM — 2009 Exhlbit A. Copyright 0 1991, 2003 and 2009 by The American Institute of Archit�ct5. All rights reserved. WARN ING. Th is At In t. Doc U I'lle I'l t is protected by U.S, Co py ri 9 ht Law and International T reati es. U r a uthorize 6 re p ro d u ction or distributliaii of this AJA�w' Document, or any 16 portion of it, may resu It 'i n severe civil and criminal penalties, and will be prosecuted to the maximum extent possible tj rider the I air. This document was produced by AIA software at 1 5.09:36 ors 1 (W041201 3 under 0 rde F N o. 6 6 6 13 47 0761 which expires on 0511912014, and is not f Ur resale. User Notes: (792883823) Sheet 4 S Sheet Name D Date STAIR UNDERSIDE - MORI N PANIT op-rION N N. D � 06.17.2 013 WOOD PA.NLL DETAILS I N N. D. 06,17.2 0 1 WOOD PANFI, DETAILS 2 N N - D- 06.17 -20 13' WOOD PANI".1. 1A,F'VA-1"I0N I . .Df 06,17. 01 ".'OOD PANEL ELEVATION 2 N N. D - 06-17,201,3 A.1.1.9 The Civaranteed Maxim uni PIr 1 ce i s ba sed up on th e fo I ImAin g other docum tints an d in form tion: (List any other docurnents or information here, or refer to an exhihii attached to. this Agreement.) Re feren ce October 04. 20 1-3 GNU" Deliverable — GMP Documents ARTICLE A. § A.2.1 The anticipated date of Substamial Completion established by This Amendment: twenty months from Construction Manager's receipt of a Ti en n of J ce to pr oceed Ji- oni Own er. OWNER (Signature) Mark Hindman City 1 alter (Printed name and title) CONSTRUCTION MANAGER (Signature) Steve Olson President (Printed n arse and title) .1 Inft. AJA Document A133r"— 2009 Exhibit A- Copyright 0 1991, 2003 and 2002 by The Arnedcan Mstflute of Architects. All rights reserved. WARN ING; This AI A7 Docu meat is protected by U.S, Copy rig lit Law and International Treaties. Unauthorized rep roduction or d istribution of this Al � Doc u went, or any 17 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum -extent possible tilider the law. This doGumenAwas prod-.iced by AIA scft ware at 15-09-.36 on 1010412013 under Order x.6661347076 ®1 which expires on 06(1912014. and is not for resale_ User Note; (792883823) k4ftH K0ltJ►[yI0JiIaJi[0]:L1►1 bill Ji From: The Office of the City Manager Cate: 10-14-2013 Subject- Agenda Item No. F. Amend Brinkley Sargent Architects' July ., 2012 contract for professional services by 1 1 ,350 based on the final Guaranteed Maximum Price for the city Hall project Presenter- Jimmy Peril ue, Public Safety Director ummar : This item is to amend the professional services contract with Brinkley Sargent Architects for the design work on the new City Hall project. On July g, 2012, the City Council approved the original contract based on an estimated construction price. This amendment reflects the -change to the final Guaranteed Maximum Price MP and provides the - agreed upon additional fees for the increase in cost. General De cription . At the time of contract negotiations with Brinkley Sargent Architects, approximately 1 months ago, it was determined to establish the Architectural — Engineering -E fees based on an "initial building construction budget of $52,000,000 for contractual purposes." The contract included language that stipulated upon finalization of the GMP by the Construction Manager at Fisk CM F a B =alfour Beatty, the -E agreement would be adjusted accordingly utilizing the same Basic Services percentage .5% originally negotiated. Balfour Beatty and the Brinkley Sargent Design Team completed the Design Development Phase at the end of May, 2013. The efforts and focus the past 3-1/2 months have been dedicated to alignment of project scope with project budget, and arriving at a GMP. Refinement and definition of building materials, interior finishes, site / parking configurations, building systems and assemblies, etc. were included in the MFG' evaluations. In addition, the project team developed an extensive value engineering list that leveraged opportunities for alignment of scope with budget and the success in arriving at the GMP. Concurrently involved and participating in this process has been the Municipal Complex Oversight Committee (MCO . Input and direction was prove ded from the MCOC on value decisions and budgets. The IVICOC's charge was to represent the citizens of Borth Richland Hills in the process, and ensure the project is delivered as originally promised. The Construction Document Phase for the City Ha,ll project has commenced, with completion targeted for December 20, 2013. City hall construction activities will commence in February of 2014, with -completion slated for November of 2015, and move-in / occupancy in January of 2016. The "Municipal Complex / City Hall" GMP has been established to 'be $56,790,000. Thusly, the 6.5% adjustment for Brinkley Sargent Architects is an additional $311,350 in fees. Recornmendafion - To amend the contract for professional services with Brinkley Sargent Architects by increasing their fees by $311,350 based on the final G,MP for the City Hall project. IiAIA 14� Document G802 TM 2007 Amendment to the Professional Services Agreement TO: Jimmy Perdue (Owner or Chvner's Representalive) In accordance with the Agreement dated: July, 10, 2012 BETWEEN the Owner: dame and address) City of North Richland liills 7301 NX. Loop 820 North Richland H i I Is, Texas 76 180 and the Architect: (Name and a&hvss) Br i n k I ey S argent Arch itect 5000 Quorum Drive, Suite 600 Dallas, Texas 75254 Amendment Number: 002 for the Project: (Name and address) North R i ch I an d H I I I s Ci Vy Hal 1, Court & P u bl i c Safety C am pus The approximate 12 acre site is located with an area currently designated as Calloway Gardens bounded by Boulevard 26 Grapevine Hghway, Cagle Drive and Frawley Drive in North Richland Hills, Tarrant County, Texas.. Th e pr j ect con s fists of a n ew 61,97 0. f. Ci ty I Ial 1, 73,03 1 s.f. P u b I i c S afety Bui Idin g, 15,0 6 3 Detenti on, '16,108 s. F warehou-se/goarage and 14,684 Court components for a total project of 180,846 s.f. Authorization is requested E to proceed with Additional Services. ❑ to incur additional RcirnbLl r5able Expenses. As Follows- A. Reference Basic A/E Services Contract: Exhibit C Article 11: 1 Th e i n 1 ti a I bu i. Id i ng -con structi on budget 1 s set at $ 5 2, 000, 000 for contractual purposes. Basi c servi ties fee represent s 6.5 % of con str u cti on budget. n i s budget may be adj u steel from t 1 m e to ti rn e by C I ty authorization. Should the City authorized construction budget increase or decrease during Design Development or Bidding phases, Architect will receive a fee adjustment equal to 6.5% of budget increase or decrease. However, should the fee adjustment decrease, under no condition shall the fee be less than _),250,00-0. 4 'inal Design Development construction budget was set at $56,790,000 on September 13, 2013. $56,790,000 minus $52,000,000 = $4,790,000 budget increase times &5% = $311,7350. A/E Basic Services wil I be increased by $311,350. AIA Do C urnent G802 2007 (formerly G 606 2000). Co p y rig h t :TD 200[ and 20 0 7 by T h a Amedca n I nsfituh%. of Arch keds. All irt" reserved . WARNING: This Ale DG-�! 'P; I i ar t 15 :P; L V U,8. COPYrig' .1 -ease U n a utho dzed rep rod ago i o o r di Lion of th i-s M-e Document, n r any portion of It, may resu it in s o v Ltwe c i 0 1 in A .1 il P.- I tO tbO T-1, -1 7-1 Ll M eXt� le Under the law. This document was prod uced by AIA softa re at 10;17; 58 o n 10/0 9/2013 u nd-e r Ord e r N o. 28 5 -B1 567 7 91 Wh ich expires on 12/0 5/201 , a rid is not for resale- User Notes -. (2033210420) Th e fol I o rig adj ustments shall be mad e to com p en s ati on and time. (Insert Provisions in accordance with the Agreement, or as otherwise agreed by the parties.) Compensation. Additional Service Summary Item A A/E Basic Services V] 1350 Total Additional Services Fee Time: N/A SUB IT D BY: (Signature) Harold E. Sargoent, President (Printed name and ti le) to 2, (Date) AGREED TO: (Signalure) (Printed name and title) (Dale) $3115350 AAA Dorument G802T" — 2007 (formefly G 606 TM — 2000). Copyright 0 2000 and 2DD7 by The America n Institute of Arch itects' All jights reserved. WARNING, Th Is A]�..oition '. ._.....a,. .:, ._; A 16 P ro%ei; �"-' by -C opyrl!a ht 'Law a nd Intematio nal TreatieS. Unauthorized rep ro d tj ctio&i 0 r d istri bution of this i 5 PJA'1� DiDcu Mit? nt, o r a n y of It, rn-ay msU It I n E ev e re CM! �1 r d Hrri'n-:4! r 2 �p P r '�N r0secutLlad to tb 0 jrnaximu M e�dent p ossl b le U n der the Th Is document was prod r uced by A 1A software at 10: 17 - 5 8 ors 10/0 W201 3 carder er Ord e r N o, 28 581 56TT91 wh Ech expires res on 12/05/2013, and is not for resale, User Notes: (2033210420) I ►1�aMM1 K6ltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cate: 10-14-2013 Subject: Agenda Item No. G.0 EXE UT1' E SESS10N ITEMS I ►1��CJ K0ltJ►[yl0A I =I1�I[N:7.1►1b1tJAA From: The Office of the City Manager Cate: 10-14-2013 Subject- Agenda Item fro. G.1 Action n Any Item [discussed in Executive Session Listed on Work Session Agenda r4ltH KeltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager Cato: 10-14-2013 Subject: Agenda Item fro. H.o INFORMATION AND REPORTS rq1tH K0ltJ►[yI0JiIaJi[0]:L1►1 bill Ji From- The Office of the City Manager [date: 10-14-2013 Subject: Agenda Item No. H.1 Announcements - Councilwoman right Oujesky Announcements ,Get a jump start on your holiday shopping at the NIGH senior Center's arts and crafts fair. The fair will be held fro m 9 a.m. to 5 p.m. this Friday and Saturday. The Senior Center is located at 6000 Hawk Ave. For more d etaiIs caII 817-427-6695. Also this weekend, the North Richland Hills public Library is holding its annual book sale. There will be something for everyone, including adult and children's fiction, non - fiction, audio books, CDs, D Ds and more. Proceeds from the sale go to the purchase of new books. The Library is located at 9015 Grand Ave. For more details go online to li brar .nrht .00m or call 17- 427 -6800. Residents ident can safely discard unwanted prescription med ication on Saturday, October 26th. Expired and unwanted prescription drugs can be dropped off at the North Richland Hills Fire Department Administration building on Dick Fisher Drive between the hours of 10:00 a. m. and 2:00 p.m. If you have questions, please call 817-427-7000. Kudos Kornr Every Council Meeting, , e spotlight our employees for the great things they o. Tonight we recognize.- Stephanie East, Trish Watson and Lauren Hurd of the Neighborhood S r i Department - A note was received from the owners of an N H business thanking the city's health inspectors for their guidance over the years. The business is celebrating its 10th anniversary and stated that a positive relationship with the city has contributed to its success. 1►1tAMM1 K6ltJ►[yI0JiIaJi[0]:L1►1b1tJJi From- The Office of the City Manager Date- 10-14-2013 Subject- Agenda Item No. H. Adjournment