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HomeMy WebLinkAboutCC 2017-03-06 Agendas M RH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, MARCH 6, 2017 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular City Council meeting 2. Welcome and introduction - public official, public employee or citizen. 3. Review and discuss the United States Postal Service's Cluster Box Unit Policy. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. 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. 1. Section 551.072: Deliberate the Purchase, Exchange, Lease or Value of Real Property - (1) 6609 Davis Boulevard; (2) 6617 Davis Boulevard; and (3) Iron Horse Boulevard at Browning Drive. Monday, March 6, 2017 City Council Agenda Page 1 of 4 2. Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - Assistant City Secretary. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER BENTON A.2 PLEDGE - COUNCIL MEMBER BENTON A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) 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. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the regular February 27, 2017 City Council meeting. B.2 Award Bid No. 17-010 for Aquatic Chemicals for NRH2O and NRH Centre to DCC Inc., and Leslie's Poolmart Inc. in an amount not to exceed $98,500. B.3 Approve Resolution No. 2017-010, receiving the certification of unopposed candidates and canceling the May 6, 2017 General Election. B.4 Consider Resolution No. 2017-008, Texas Governor's Office Criminal Justice Programs Competitive Grant and Authorize an Agreement with Spillman Technologies, Inc., to upgrade the Police Department's current records management software in the amount of$73,845.00. Monday, March 6, 2017 City Council Agenda Page 2 of 4 B.5 Authorize the City Manager to execute a contract with Bel Iphi-Environmental LLC for abatement and demolition of the houses located at 6705, 6713, and 6721 LaRue Circle in the amount not to exceed $57,333.00. C. PUBLIC HEARINGS C.1 RP 2017-03 Public Hearing and consideration of a request from Arcadia Land Partners 16 Ltd. for a Replat of Home Town NRH West, Phase 3, Block D, Lot 5R on 0.118 acres located at 6221 Sherbert Drive. C.2 RP 2017-02 Public Hearing and consideration of a request from Arcadia NRH 4 HomeTown, LLC for a Replat of HomeTown Canal District, Phase 4, Block C, Lot 55R on 0.113 acres located at 8741 McDonough Sreet. C.3 SUP 2017-01, Ordinance No. 3450, Public Hearing and consideration of a request from Arcadia Land Partners 25, LTD for a Special Use Permit for a retention pond located in the HomeTown Canal District, Phase 5A, near the intersection of Bridge Street and Ice House Drive. (ITEM POSTPONED BY PLANNING AND ZONING COMMISSION, CITY COUNCIL WILL CONSIDER ITEM ON MARCH 27, 2017) C.4 TR 2017-03, Ordinance No. 3451, Public Hearing to consider amendments to Section 118-472 of the North Richland Hills Zoning Ordinance regarding townhomes in Tracts 3A and 3B of the Town Center zoning district. D. PLANNING AND DEVELOPMENT D.1 FP 2017-01 Consideration of a request from Arcadia Land Partners 25, LTD for a Final Plat of HomeTown Canal District, Phase 5A on 12.924 acres located southwest of the intersection of Ice House Drive and Bridge Street and associated Phase 5 Limited Development Agreement. D.2 FP 2017-02 Consideration of a request from Arcadia Land Partners 25, LTD for a Final Plat of HomeTown Canal District, Phase 5B on 3.984 acres located southeast of the intersection of Ice House Drive and Bridge Street. E. PUBLIC WORKS F. GENERAL ITEMS Monday, March 6, 2017 City Council Agenda Page 3 of 4 F.1 Approve Resolution No. 2017-011, continuing participation in Tarrant County's HOME Investment Partnership Program. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER WRIGHT OUJESKY H.1 Announcements I. 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 Friday, March 3, 2017 at 3:00 PM. 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. Monday, March 6, 2017 City Council Agenda Page 4 of 4 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: Welcome and introduction — public official, public employee or citizen PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: Review and discuss the United States Postal Service's Cluster Box Unit Policy. PRESENTER: Clayton Comstock, Planning Manager GENERAL DESCRIPTION: With the rise in parcel deliveries from online retailers, the Fort Worth District of the United States Postal Service (USPS) has recently implemented a very important postal policy change that impacts all single family residential neighborhoods moving forward, regardless of lot size or neighborhood density. All new single family developments will be required to utilize Cluster Box Units (CBUs), or "Centralized Delivery," rather than the traditional individual mailbox in front of each home. Examples of upcoming developments that this will effect include Fresh Meadows, Cambridge Estates, Thornbridge North, and HomeTown Canal District. A webinar was recently given through the North Central Texas Council of Governments on the topic. Information from the webinar can be viewed online here: http:// nctcoc) org/envir(Lasps tnrein _r„asLa. Planning staff has already opened a dialogue with the USPS District Office on development review procedures as well as with neighboring North Tarrant cities regarding their anticipated next steps. Staff is seeking Council's input and direction on whether staff should pursue possible designs for cluster boxes and cluster box sites. Siting of cluster boxes goes through USPS review and approval. It is possible, however, that the areas themselves could be required by the City to have such improvements as adequate lighting, resident access from the sidewalk rather than the street, integrated HOA open space amenities (i.e. landscaping, trash receptacle for mail litter, bench, etc.), adjacent sidewalk ramps for accessibility, marked crosswalks, dedicated off-street or marked on-street parking spaces, or other elements. Standard cluster boxes themselves come in a variety of color options in the market, as well as decorative pedestals, posts and toppers. The following page shows the variety of options for cluster box units. MRH I e i s n n �� I I✓x�� rtl r , i ��/�' ,, �%%//Gii% �%%;/�%%%% I 'Nlpl��lli�ll�lll��lll�lllll�l���n��l�llllllllllllllllll�lll �Illp,9;�111�������� Various examples of cluster box units (CBUs). While these cluster box units will change the way new neighborhoods look and function moving forward, there are some benefits. Boxes are key-locked and special parcel units allow for larger packages to be secured, whereby decreasing mail theft. The centralized location also allows for greater utilization of the street for on-street parking. The USPS will not deliver to homes that have parked cars less than 15 feet from a mail box. There is also a neighborhood engagement aspect to CBUs, where neighbors have an opportunity to meet and become familiar with one another. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: Approve minutes of the regular February 27, 2017 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of the Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the regular February 27, 2017 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE FEBRUARY 27, 2017 WORK SESSION: 6:00 PM The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of February at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Absent: Oscar Trevino Mayor Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary Maleshia B. Farmer City Attorney CALL TO ORDER Mayor Pro Tem Welch called the meeting to order at 6:00 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING Council had no questions for staff. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. There was no one present to introduce at the meeting. February 27, 2017 City Council Meeting Minutes Page 1 of 8 3. DISCUSS 2017 FEDERAL LEGISLATIVE POSITIONS Assistant City Manager Karen Bostic provided an overview of the City's 2017 Federal Legislative Program. The program is a guide for legislators to inform them of the city's position on issues that may be raised during the congressional session. The guiding principles remain the same as previous years: - local control; - predictable and sufficient level of revenue to provide for our residents; - opposition to unfunded mandates; and - quality of life Staff has identified the following as priority legislative issues: - market place fairness; - maintaining municipal bond tax exemption; - affordable healthcare; and - immigration reform 4. QUARTERLY FINANCIAL REPORT FOR THE PERIOD ENDING DECEMBER 31, 2016 Budget Director Mark Mills reviewed the quarterly financial status report for the period ending December 31, 2016. Mr. Mills reviewed the General Fund, Park Development Fund, Crime Control District Fund and Utility Fund providing the following year to date actuals: General Fund Revenue- $14,437,538 (32% of projected budget) Expenditures- $11,071,049 (24% of projected budget) Park Development Fund Revenue- $2,167,509 (24% of projected budget) Expenditures- $2,340,626 (26% of projected budget) Crime Control District Fund Revenue- $2,555,919 (40% of projected budget) Expenditures- $2,344,539 (36% of projected budget) Utility Fund Revenue- $9,312,448 (27% of projected budget) Expenditures- $8,271,445 (24% of projected budget) Council had no questions for staff. February 27, 2017 City Council Meeting Minutes Page 2 of 8 5. POLICE DEPARTMENT AND FIRE DEPARTMENT 2016 ANNUAL REPORTS Fire Chief Stan Tinney presented the department's annual report. His report included statistics for calls for services, response times, and mutual aid. Director of Public Safety Jimmy Perdue presented the department's annual report. His report included statistics on crime and violations issued by the department. He also reviewed the accomplishments of the department. 6. 2016 RACIAL PROFILING REPORT Director of Public Safety Jimmy Perdue presented the 2015 Racial Profiling Report. He advised that the North Richland Hills Police Department has complied with the Texas Racial Profiling Law. 7. DISCUSSION OF PROPOSED CHANGES TO STANDARDS AND REGULATIONS FOR MASSAGE ESTABLISHMENTS Principal Planner Clayton Husband presented item. An interdepartmental task force met to evaluate the city's existing regulations to address the number of problematic massage establishments. The group developed an updated set of procedures and standards that includes proposed changes and revisions to business and zoning regulations. The focus being on definitions, certificates of occupancy, and standards of operation. Staff reached out to eleven (11) establishment to solicit comments, but did not receive any feedback. EXECUTIVE SESSION Mayor Pro Tem Welch announced there are no items listed in Executive Session. He adjourned the Work Session meeting at 6:55 p.m. REGULAR MEETING A. CALL TO ORDER Mayor Pro Tem Welch called the meeting to order February 27, 2017 at 7:05 p.m. Present: Tim Welch Mayor Pro Tem Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 February 27, 2017 City Council Meeting Minutes Page 3 of 8 Tim Barth Council, Place 4 Mike Benton Council, Place 5 Scott Turnage Council, Place 6 Absent: Oscar Trevino Mayor Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia B. Farmer City Attorney A.1 INVOCATION Council member Barth gave the invocation. A.2 PLEDGE - COUNCIL MEMBER LOMBARD Council member Barth led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARTH TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE MINUTES OF THE REGULAR FEBRUARY 13, 2017 CITY COUNCIL MEETING. February 27, 2017 City Council Meeting Minutes Page 4 of 8 B.2 AUTHORIZE A ONE (1) YEAR PURCHASE AGREEMENT WITH GENERAL DATATECH, L.P. FOR CISCO HARDWARE AND SOFTWARE MAINTENANCE IN THE AMOUNT OF $145,771.11. B.3 APPROVE A CITY / DEVELOPER AGREEMENT WITH JOE OGGIER FOR MUNICIPAL INFRASTRUCTURE COSTS TO SERVE THE OGGIER ADDITION. B.4 APPROVE AGREEMENT WITH 31 ADVERTISING LLC FOR GRAPHIC DESIGN AND CREATIVE SERVICES FOR NRH2O FAMILY WATER PARK IN AN AMOUNT NOT TO EXCEED $63,000. B.5 RESCIND APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DUNAWAY ASSOCIATES FOR THE SNIDER STREET EXTENSION PROJECT IN THE AMOUNT OF $222,568.00. B.6 AUTHORIZE THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CITIES OF RICHLAND HILLS, WATAUGA, AND HALTOM CITY FOR A JOINT PROJECT WHICH WILL PROVIDE NEW VIDEO CONFERENCING SYSTEMS TO ALL FIRE STATIONS UNDER THE ASSISTANCE TO FIREFIGHTERS GRANT. C. PUBLIC HEARINGS C.1 CONDUCT PUBLIC HEARING AND CONSIDER RESOLUTION NO. 2017-009, ADOPTING THE 43RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. APPROVED Mayor Pro Tem Welch opened the public hearing and called on Assistant to the City Manager Kristin James. Assistant to the City Manager Kristin James presented item. The purpose of the request is to provide an opportunity for public input regarding the 43rd Year Community Development Block Grant (CDBG). Resolution No. 2017-009, formally requests $250,000 in CDBG funding to be designated for the reconstruction of the entire length of Meadow Court, including the cul-de-sac. Mayor Pro Tern Welch called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Pro Tern Welch closed the public hearing. February 27, 2017 City Council Meeting Minutes Page 5 of 8 A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APROVE RESOLUTION NO. 2017-009, ADOPTING THE 43RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. MOTION TO APPROVE CARRIED 7-0. C.2 ORDINANCE NO. 3449, PUBLIC HEARING AND CONSIDERATION OF ORDINANCE ADOPTING THE YOUTH PROGRAMS STANDARDS OF CARE. APPROVED Mayor Pro Tern Welch opened the public hearing and called on Member Services Supervisor Ron Newman to present the item. Mr. Newman presented item and was available to answer questions. Council had no questions for staff. Mayor Pro Tern Welch asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Pro Tern Welch closed the public hearing. A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER BENTON TO APPROVE ORDINANCE NO. 3449. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 CONSIDER RESOLUTION NO. 2017-007, APPOINTING MEMBERS TO KEEP NRH BEAUTIFUL COMMISSION. APPROVED City Secretary Alicia Richardson informed Council the purpose of Resolution No. 2017-007 is to approve the recommendations of Council member Lombard and Mayor February 27, 2017 City Council Meeting Minutes Page 6 of 8 Trevino. Council member Lombard recommends Susan Young (currently alternate) be appointed to Place 3, term expiring June 30, 2017. Mayor Trevino recommends Kelvin Deupree be appointed to Alternate, term expiring June 30, 2018. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE RESOLUTION NO. 2017-007. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA There being no items listed in Executive Session, Mayor Pro Tern Welch moved to the next item. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Lombard made the following announcements. Volunteers from AARP are assisting residents with their tax returns each Monday and Thursday through April 17, 2017 at the NRH Library. This free service is available to taxpayers of all ages. To make an appointment or get more information, please call the Library at 817-427-6814. New York Times Bestselling Author Joanne Fluke will be returning to the North Richlalnd Hills Library on March 4, 2017 for the official launch of her latest book Banana Cream Pie Murder. The event will include a paid Friends of the Library reception at Noon, followed by a free book talk and book signing starting at 1:00 p.m. Visit the library's website or call 817-427-6800 for more information. Kudos Korner - Nora Garcia with Animal Services - An elderly resident called after hours asking for help when several dogs got into her backyard. Nora arrived quickly, returned the dogs to their correct yards and then helped the resident nail fence pickets back in place. The resident was very appreciative of Nora's efforts and felt she went above and beyond. She is a great asset to the city, the resident said. I. ADJOURNMENT Mayor Pro Tern Welch adjourned the meeting at 7:18 p.m. February 27, 2017 City Council Meeting Minutes Page 7 of 8 Tim Welch, Mayor Pro Tern Alicia Richardson, City Secretary February 27, 2017 City Council Meeting Minutes Page 8 of 8 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: Award Bid No. 17-010 for Aquatic Chemicals for NRH2O and NRH Centre to DCC Inc. and Leslie's Poolmart Inc. in an amount not to exceed $98,500. PRESENTER: Frank Perez, NRH2O Aquatic Park Manager SUMMARY: City Council is being asked to award the annual contract for aquatic chemicals for NRH2O and the NRH Centre to DCC Inc. and Leslie's Poolmart Inc. GENERAL DESCRIPTION: Staff has requested and received bids for the supply of pool chemicals for NRH2O Family Water Park and the NRH Centre. The chemicals are utilized for sanitizing and balancing the approximately 1,055,000 gallons of treated pool water at NRH2O and the NRH Centre. The two major chemicals utilized for sanitation are Sodium Hypochlorite (NaOCI) and Muriatic Acid (HCl). Two additional minor chemicals, Calcium Hypochlorite (CaOCI) and Sodium Bicarbonate are also included in the bid. Notice of the city's intent to bid was advertised in the local newspaper as required by state statute and posted on the city's website. Notice of the city's intent to bid was sent to twenty (20) vendors requesting them to participate in the bid process. The Purchasing Department received five bids on February 15, 2017. Quantity Sodium Muriatic Acid Calcium Sodium Hypochlorite 4,000 gal Hypochlorite Bicarbonate 67,000 gal 700 pounds 1,500 pounds Commercial $89,110.00 $12,000.00 $1,176.00 $750.00 Chemical Products, Inc. DCC Inc. $69,680.00 $11 ,400.00 $1,087.45 $491.40 Leslie's No Bid $8,960.00 $944.65 $448.50 Poolmart Inc. Univar USA No Bid No Bid No Bid No Bid Inc. Valley Solvents No Bid $12,160.00 No Bid No Bid & Chemicals MRH D.C.0 Inc. and Leslie's PoolMart Inc. provided the best pricing. The bid includes an option for four (4) additional twelve (12) month terms. Staff projects that approximately 67,000 gallons of Sodium Hypochlorite, 4,000 gallons of Muriatic Acid, 700 pounds of Calcium Hypochlorite and 1500 pounds of Sodium Bicarbonate will be used during the 2017 season. Staff is requesting authorization for expenditures not to exceed $98,500. While NRH2O Family Water Park is owned and operated by the city, it is not funded by city taxes. It is an enterprise fund that is fully supported by the revenues the park generates. RECOMMENDATION: Award Bid No. 17-010 for Aquatic Chemicals for NRH2O and NRH Centre to DCC Inc. and Leslie's Poolmart Inc. in an amount not to exceed $98,500. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1cat 1. Complete No 1.4 and 6 if there are interested les. OFFICE USE ONLY sted par Compicte,Nos, 1,2, 3,5,and 6 1 there ate no Interested palte.s, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-170456 Leslie's Poolnian, Inc. Phoenix,AZ United States Date Filed: 2 Name of governmental entity or state—agency that is a party to--the contract for which the form Is 02/22/2017 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the Contract,and provide a description of the services,goods,or other property to be provided under the contract. 17-01.0 Aquatic Chemicals for NRH20 and NfRH Centre Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. r-X1 6 AFFIDAVIT I swear,or aflarn, under penalty of peoury,that the above disck)sure is true and correct. MICHELLE JOHNSON oil r Notify Public - ArrZona liestricops County My Comm.Expires:D#04,2020 —Slueltlllof Ko onzed a—genVot Wntracting business eritty A6 RX NO LARY S f AMP/SEAL ABOVE by the Said .........this tho- Sworn to and%ihscrihed befow rne, --- ....... ........... 20--4 to(�r?rtify which,witness my hand and seal of office. 111��Cie., A41111/vn, ftLl 1�u Signature of off cer Affininistering oath Pointed iiam(�of officer adroloetorlMl Wuh Tare of officet allmini Forms provided by Texas Ethics Commission VAVW,ethiCs.state,tX,uS Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft. Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,an d 6 if there are no interested parries. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-167902 DCC Inc. Dallas,TX United States Date Filed: 2 Name of govemmental entity or state agency that is a parry to the contract for which the form is 02/1612017 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goads,or other property to be provided under the contract. 17-010 Aquatic Chemicals for NRH2O and NRH Centre 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X it/lll/ 6 AFFIDAVIT gti `Q J LINOQ *4, 1 swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. ip . j. ,t4 ; n —___ »r,400''... %% Signature of autRfon0, agent rrf ymtrac6ng business entity /, AI=1 IX N 0 1 AI2Yd'FaN'�.�' y*6� %�0V F ''ma�yy Sworn to and subscribed before me,by the said _„ ( , „ g,,,_„C,✓; ..f ,this the e✓y«„r7"/`J,.,. d ty a0 20L to certify which,witness my hand and seal of office. Sign antra f tr dcrr aPdn”u �Ilul rinte d„name f affice t., r admMistering otath Title of officer administering oath Forms provided by Texas Ethics Commission vvww.ethics.state.tx.us Version V1.0.277 TFif CtTY OF CHOICE PURCHASING DEPAR" ' 1 "1" REQUEST FOR BID AND NRII CENTRE 17-010 S DUE WEDNESDAY, FEBRUARY 15, 2017 BY 2;00 P.M. 1 11"WITAIAON TO BID Ile (Ty of North Richhund I I U Is is ainewo A ig seand bids fiom aI I rvterested Pill fies Rlr: Hill Nmeber: l7-010 Rel, 1 ype: I?I,OUFSI H)R, BID 1141 Nomm AquMMUndcals A SIRI120 art INPA! Amle Bid i ue Dtitc: Wedunday, FWwry W, 2017 130 Aw Ible: 2:00 P,M. Central Sumdard Time onfettrice Nolle Schud(fled iot que,tiolls Data: Wednusday, ! emuuey 8, 20 17 I mlc: t2:00 I' A Central Standard Time Is mAY Ingighlrabp W wsYP tl�jnjqgd lqsp,ccm 11 DGIUMENTS,MAYBI,,, tl)J`JJVP�'Rjel) M-- Oty of North RkAikuld I Us Alow 17 010 Rid Aqmak Clembats i'm NR MO and NPdI Centre '301 (11 "Awa furve Nooh Rit'Alkirl HilINJA 76180 H di do ciint?, a md iiackct plte�!,e tudadc Ome (1) hurd copy and One (1) sqft copy on Flash mope Gr (WIRdmi"uhlovit thcumms to A sadod en"dope %vhh the WmAng infort-nmimt mal ked pkintily (m the fixint: ATII'N PURMASING DEPAJUM Iii vor 111'%-WVAQ ( JiFMICALS FOR NRH20 AND TOM CIONTRE No al it m-AmIalion in rcgmd le (re' 1 0 metl of the spc( dice ono v,dI be trellde, and tro of el (,�iotvl c it: he gNen after hc pre lid nae(eing oral brforc flic a-attudl of the corrCrelJ :w,l. Ircresni"d vendots for tnIdtflonal mkmluafi(ol m intctpvclation of 111c, inic, � rtiorr mt,luded in the (;jrected fit writing, as tt qllcslion rcditcd to (hi,, bid on Public I1rjtcjja<,c eoni ilte qusnm will he ansevcmf on Public Wndmnn will So iw Ilowed to WIT Pulehaho It will he the veruhr's to drcck aft relm cd to bid on Public Ptrncha,c bctme v ac, "tor& RAW ifids tcsclves the righl to teject in part or in whul A NdS volivs rily ter th( hmd ngurom W me Coy oMorth ROMM Hol" 3 NON-COLLUSION AFFIDAVI"I' OF BIDDER State o' Courityof _ 00'Up"411 verifies that: (Name) Hc./She is owner, partner, officer, representative, or agent of bC e, /"7 has submitted the attached bid: (Company Name) '2) 'c/s' e is frilly informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neithcr said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection v,,i,.,i attached bid and the price or prices quoted herein are fair and proper. C �e616 01AIV PRINTED NAME Suhscr;')z:u a.id sworn to before me this Dayoll 2017 all County,'Texas My commission expires: 0 10711k THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID 10 BID CERTIFICATKON I he t,iv fi�c�ygt rl, in foamni¢trng llMis bicl, r rrrmvs and cerdf1e� f fe/sh, is f'uCly int6rm erl rcgraraiya 4 the prep at�acimi, Contank tmd G:lto fill s tarrnces ofthe am clwd bid,; b , t, sly ; fl<o uses to Runish ad a,yatgerru,nr,styty c at lac, prim alumed 0.7E ew and bid is im tlice aa.c(mlance Willi the corldi ions ,ynd state(lh(.'efnr ,r I he ot, no tune a dS TO ihC kt�t((Ma1 OF61c ou condo Knis to be overconic w pac,adcad calk the bids are operu& d j 0,42 as No equal ogcp oautnty raarrgrh,ycr, aml a d) mm d4w hi inatae willi aeg owd to race, coal it omional ong MME, age otr sex in tlae pelfor iyc.arace of this ca,t"< race. 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FAX (972) 224-1758 website: www.dcc-pools.com email. sales0dee-pools.com I CC" INC. - Business References The e Cunt w If .,t(w. ]Michael Schafer--Aquatics Maintenance Manager 817-538-2220 rots4,)srMtF r,rp„ure^ ht O'iN Soo) Ni2.1;1„2C�Wgfer t,'yJ,rk Frunkry l'ryaru!z 817-427,65(t) t krb p 4_z'u.grr B�76i.e u7uB:4 1#awaiian I+arils_ <;:u.Slir ri/",I c C'i�r rN /I aarJyeke6 Gigs el9 Clint Hill-General Manager 972-675-8888 e,l�af6itl Y,rf stlVw 4rMiIS1 ,Cite of Hurst Kyle Gordon 817.896-3887 fy3.9C.4'4I s ef,a ijl i o•t{j%us !Q5'of Bedf<nl Don Henderson-Parks&,Uetrea'I'A ('Manager 817-952-2308 Fnh 81 7,957-=2,193 0)YI„pua9r.p,outrrs �,rcafBarGPo ,n2 'I'trw1�- Kf�wer' 'I,irGrml Chuck) nings -.,.. 972-708'449 I tX;16"Jiyru'-�¢rea6�Ji�d ra!P:d splashFL iFL ing<IrrntWa4r.r1'ui„k,;;„C:'arncrit,-MlydsnnOaka.L�;},�rvil,__l Nacoylny;hews, Johnny Blevins-Owner iavY.pkJ)ty-�t y&rl,¢�.17%41rtt�,daanytrektr�r.P;p�Rlh,ytirr)p Johnny Blevins-Owner Euh1pn ra•pla"d ki us,<YaariaeviKy^,q irk r,om f:';ty.gf G'UJO PU1irie Jeremy Thomas 817-683-4640 Sdtbng tf E JndUltZy cStat2da'JI NORTH R I C H L A N D H I L L S T H E C I T Y OF C H O I C E PURCHASING DEPARTMENT REQUEST FOR BID 17-010 AQUATIC CHEMICALS FOR NRH2O AND NRH CENTRE BIDS DUE WEDNESDAY, FEBRUARY 15, 2017 BY 2:00 P.M. Table of Contents INVITATIONTO BID.......................................................................................................................................3 GENERALCONDITIONS..................................................................................................................................4 INSURANCE REQUIREMENTS........................................................................................................................9 NON-COLLUSION AFFIDAVIT OF BIDDER.....................................................................................................10 BID CERTIFICATION .....................................................................................................................................11 COMPLIANCE WITH HOUSE BILL 1295........................................................................................................12 DISCLOSURE OF INTERES1.......................................................................................................................................13 SPECIFICATIONS.......................................................................................................................................................14 BIDFORM..................................................................................................................................................................15 DISADVANTAGED BUSINESS..................................................................................................................................16 STATEMENTOF RESIDENCEY.................................................................................................................................17 CONFLICT OF INTEREST QUESTIONNAIRE.............................................................................................................18 2 INVITATION TO BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 17-010 ➢ Bid Type: REQUEST FOR BID Bid Name: Aquatic Chemicals for NRH2O and NRH Centre )� Bid Due Date: Wednesday, February 15, 2017 Y Bid Due Time: 2:00 P.M. Central.Standard Time 7� Pre-Bid Conference: None Scheduled Y Deadline for questions: Date: Wednesday, February 8, 2017. Time: 12:00 P.M. Central Standard Time DOCUMENTS MAY BE SUBMITTED ELECTRONICALLY VIA: www.p ublicpurchase.corn DOCUMENTS MAY BE DELIVERED TO: City of North Richland Hills Purchasing, Attn: 17-010 Bid Aquatic Chemicals for NRH2O and NRI-I Centre 4301 City Point Drive North Richland Hills,TX 76180 If delivering a bid packet please include One (1) hard copy and One(1)soft copy on Mash drive or CD-ROM. Submit documents in a sealed envelope with the following information marked plainly on the front: ATTN: PURCHASING DEPARTMENT 1.7-010 AQUATIC CHEMICALS FOR NRH2O AND NRH CENTRE No oral explanation in regard to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted,, and to waive any tech'nical'ities for the best interest of the City of North Richland. Hills. 3 GENERAL CONDITIONS In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change 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 is a conflict between contract documents, the provision more favorable to the City shall prevail. 1. BID TIME It shall be the responsibility of each Bidder to ensure his/her bid is turned in to the City of North Richland Hills on or before 2:00 P.M.. Wednesday, February 15, 2019. The official time shall be determined by the clock located at the switchboard in the North Richland Hills City Hall lobby. Bids received after the time stated above will be considered ineligible and returned unopened. All attached bid documents are to be returned completely filled out, totaled, and signed. Envelopes containing bids must be sealed. The City of North Richland Hills will not accept any bid documents other than the attached. 2. WITHDRAWING BIDS/PROPOSALS/QUOTES Bids may be withdrawn at any time prior to the official opening; request for non-consideration of bids roust be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his/her bid has been carefully reviewed and checked and that it is in all things true and accurate and'free of mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety(90) days following the date designated for the receipt of bids. 3. IRREG ULAR BIDS/PROPOSALS/QUO'T'ES Bids will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City. 4. REJECTION/DISQUALIFICATION Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collision exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub-contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; c) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; t) Lack of competency as revealed by reference checks, financial statement, experience and equipment, questionnaires,or qualification statement; g) Bid containing special conditions,clauses, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. However, the City of North Richland hills reserves the right to waive any irregularities and to make the award in the best interest of'tire City of'North Richland Hills. 4 5. SID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and/or services at the best value for the City (Texas Local Government Code,252.043). In determining the best value the City wilt consider the following: a) The purchase price; terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; 0 Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specific-Cons; h) Compliance with all State and local laws, general conditions and Specifications; if Results of testing,if required; j) Warranty and/or guarantee,maintenance requirements and performance data of the product requested; k) City's evaluation of'the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none", otherwise it shalt be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 9. DELIVERVACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City considers delivery time the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of'North Richland Hills right to request replacement of defective material or material not meeting specifications. 5 10. NOTICE; OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law 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 awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause, the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as art equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable"equal"items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an"equal" product,his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City (CMA-074, Standards of Conduct, Section IV). 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.)Otherwise not perform in accordance with these specifications. 6 Breach of contract or default authorizes the City to award to another bidder, and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work,breach of contract, or other claim for goods, services, or compensation. All claims for attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement, and including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit, including self-insurance. 7 19. PI+,RFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100) percent of the total contract price; if the total contract amount exceeds $50,000 the contractor shall be required to execute a payment bond in the amount of one hundred(1 0G)percent of the total contact price,each in standard forms for this Impose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or famishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attormeys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing Interlocal cooperation agreements with the City of North Richland Ilills. 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electro'n'ic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. DEPARTMENT OF TRANSPORTATION (TXDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." Due care and diligence has been used in preparation of this information, and it is believed to be substantially connect. However, the responsibility for determining time full extent of the exposure and the verification of all information presented herein shall rest solely with the bidder. The City of North Richland Hills and its representatives will not be responsible for any errors or omissions in these specifications,nor'lor the failure on the part of the proposer to determine the full extent of the exposures. 8 INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of North Richland IIills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City North Richland Hills. Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work Type of Insurance Amount of Insurance Provision -------------------------- 1. Commercial General Li ability to $1,000,000 each occurrence, City to be listed as additional include coverage for: $1,000,000 general aggregate; insured and provided 30 day-notice a) Premises/Operations of cancellation or material change b) Products/Completed Or in coverage Operations c) independent Contractors $1,000,000 combined single limits City prefers that insurer be rated d) Personal Injury B+V 1 or higher by A. M. Best or A e) Contractual Liability or higher by Standard&Pours 0 Personal/Advertising Injury g) Medial Expense h) Fire Legal Liability i) Underground Ilazard j) Explosion/Collapse hazard k) Patent Infringement l) Copyright Law Violations 2. Consultants, architects, engineers, $500,000 Professional Liability Landscape design specialist,other with proof that aggregate is still rofessioual services available._ 3.Workers' Compensation& Statutory Limits Alternate employer endorsement Employers'Liability $500,000 each accident rct wired _ A, Comprehensive Automobile $500,000 Combined single limit Liability Insurance,including for bodily injury and property coverage for loading and unloading damage hazards,for a) Owned/Leased Vehicles b) Noi Owned Vehicles c Hired Vehicles A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 9 NON-COLLUSION AFFIDAVIT OF BIDDER State of o County verifies that: _ ame) ( ) (1) He/She is owner, partner, officer, representative, or agent of V F s �°o lw• e.r k,i e. has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. SI iNATURE PRINTEDNAME Subscribed and sworn to before me this I -1 Day of ci t- 2017. N6TAR_'rPIJ13Lr in kid nd for �pl/ `r li..__County, T4 i Ca_ .►.�.r.a MICHELLE JOHNsoN M commission ex xires: �G�C i Notary Public•Arizona Y 1 *my Maricope County Comm.Expires Dec 24,202D THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WIT" BID 10 BID CERTIFICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to famish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. c. The undersigned hereby certifies that he/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: ADDRESS: CITY, STATE & Z,IP: -_'5�.X_°a o t Q-> TELEPHONE: FAX 2�9 zJCt EMAIL: SIGNATURE: G� y -- PRINTED NAME: DATE: p2 . - 11 COMPLIANCE WITH HOUSE BILL 1295 In 2015, the Texas Legislature adopted House Bill '1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law,prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: I) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of ailing that will contain a unique certification number. 3) Sign the printed copy of the form (an authorized agent of the business entity must sign), 4) Have the form notarized, 5) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application may be found at https://www.ethics.state,tx.us/whatsnew/elf info_form1295.1itm. 12 DISCLOSURE OF INTEREST Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of North. Richland Hills must file a completed conflict of interest questionnaire which is available online at www.ethics.state.tx:us. The conflict of interest questionnaire must be ,tiled with the City Secretary of the City of North Richland Hills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills or submits to the City of North Richland Mills an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the City of North Richland. Hills. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a Class C misdemeanor. 13 SPECIFICATIONS BID # 17-010 The City of North'Richland Hills is requesting bids for an annual contract to supply aquatic chemicals For NRH2O Water Park, which has approximately 950,000 gallons of treated pool water, and the NRH Centre, which has approximately 130,000 gallons of treated pool water. NRH2O is located in a commercial area at 9001 Boulevard 26 and the NRH Centre is located at 6000 Hawk Ave. The chemical supplier must have the ability to supply NRI-1,0 Family Water Park on a basis that will meet the needs of a heavily attended water park, Chemicals will be ordered for delivery on an as need basis. All deliveries to NRH20 need to begin at 6am due to some deliveries needing to be made in guest access areas. Any delivery beginning after this has the potential to interfere with guest traffic areas and/or require the park to shut down an attraction due to the delivery equipment being in the way of the enhance to the attraction. Delivery vehicles must come equipped with at least 250' of hose in order to be able to reach all delivery areas from outside of the fenced in perimeter of the park. The quantities listed are estimated quantities using the best information available. The City reserves the right to choose the items that will be purchased and to purchase more than or Tess than the quantities listed. Bidder must include details on the required chemicals, shipment methods, and delivery schedules. Delivery schedules shall include an outline of flexibility and guarantee of delivery. The supplier shall be required to unload and/or transfer all chemicals from the delivery vehicle to the storage facility at both locations. Bids should also include prices and bulk shipment methods for the chemicals, as well as minimum to maximum quantities deliverable per order. NRII20 has five (5) tank sizes: 1000 gallon, 550 gallon, 500 gallon, 150 gallon & 500 gallons. Minimum of 500 gallons to a Maximum of 2200 gallons delivered three (3) times per week. The NRH Centre has one 500 gallon tank. Supplier shall also include information and pricing on other chemicals that would be beneficial for NRH20 and the NRII Centre. Material Safety Data Sheets shall be supplied by the successful Bidder on all chemicals listed in this bid. The chemical supplier must supply technical support in diagnosing pool chemistry related issues and should have the ability to supply the necessary treatment chemicals and procedures for correcting the problem. Technical support must be available to NRII20 and the NRH Centre in a timely manner in order to meet the needs of a daily water park. Beginning in May, N10120 Family Water park will be open daily and the park will close to the public in late September. Water does not remain in the pools year round; therefore chemical treatment shall be necessary only on a seasonal basis for NRH20. The NRH Centre is open year round and will require chemical treatment during that entire time frame. 14 BID FORM BID # 17-010 Duration of Agrecment and Price Adjustments The successful bidder will be awarded a twelve (12) month agreement effective the date of award. Prices are to remain firm for the twelve (12) month agreement period. At the City's option, the agreement may be renewed for four(4) additional twelve month(12) month periods at a price proposed by the contractor. IF DURING the life of the contract, the successful bidder's net prices to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City of North Richland Hills. A price redetermination may be considered and the Contractor shall submit the renewal price changes and justification to the Purchasing Department at least sixty (60) days before the expiration of the current agreement. Increase in contract pricing shall not exceed the consumer price index of the Dallas/Fort Worth standard metropolitan statistical for the previous twelve (12) month period or 5%, whichever is smaller. Renewal shall be at the sole discretion of the City of North Richland Hills departments utilizing the contract. All areas of non-conformance shall be submitted in writing to the Purchasing Manager and must be corrected within 10 days from date of notification. After three non-conformance complaints the contract may be subject to cancellation. ----------- --- ----- — — DESCRIPTION ESTIMATED BlMk ONr)T UNIT PRTC1,, TOTAL ---------------- ------------------ ------ ------------ Sodium 67,000 Delivery 1Iypoclilorite Gallons tJ Mnriatic Acid 4000 Gallons , �-Z q Gallon Barrels-- ----......................- S ��-------- *q- .. •3S� Calcium Granulated ,�� Q� �� 700 Pounds Iim)chlorite m Tabs Bic - --15-00 Pu 50 Pou -- - ----------_- _ .50 Sodiumarbonate LIST MINIMUM AND MAXIMUM QUANTITIES DELIVERABLE: DESCRIPTION ESTIMATED SHIPMENT MINIMUM MAXIMUM QTY. METHOD QUANTIES QUANTIES Sodium 67,000 Bulk Delivery Hypochlorite Gallons rJ o g. S )' -P, D Muriatic Acid 4,000 Gallons 55 and 30 -c;z ,� a•( Gallon Barrels .{�„a, , , .. roc „ -• 3 Calcium Granulated Hypochlorite 700 Pounds in Tubs >- .^-Z- Sodium Bicarbonate 1500 Pounds 50 Pound ,Bags List the maximum amount of time for delivery after receipt of order: -- --------- ----- ------------- 15 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY t" Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Bills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB 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 Program 1711 San Jacinto Blvd.,Austin TX 78701-1416 P O Box 13186,Austin, TX 78711-3186 (512) 463-5872 http•//www window.state.tx.us/procnreinent/pros/hub/hub-certification/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 7601.1 (817) 640-0606 http://-tvww.netrca.org/certification.htmi If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 16 STATEMENT OF RESIDENCY ls your principal place ofhuoio c state ofTexas? YES NO IfnYJ(}'' state address: LF"YKS» state address Definition: "NOD-Reoidund Bidder" ~ A bidder whose principal place nfbusiness iu not iu the state of7\xuv, but excludes u contractor whose ultimate parent company or majority owner has its principal plu000fbuoincxxiuthtoLu1oof 7cxun. "Resident Bidder" -A bidder whose principal place of business is in the state of Texas and includes a contractor whose ultimate parent company or majority owner has its principal place of business iu the state ofTexas. � � 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governrtientatJentity Tara garesdonnalre maeots ellangea m9ata io the taw by it.B.23,64Th Leg.,Regular Sasslon. OFRCEUSECNLY This tveseoaralra is bolpg tilEtl in accordance Allh Chapler 176, Local Givernmant Code,by a Ytnder WiD pmu lkxervrag'. has a nuslness relallons0 p W WORed Ly salon 176MI Y-a4 Wan It coat golc-rn'nental or4ty and the Verlddr onsets mgLerEmanla uneor Sec hon IMX6(a}. By w N Pits ausaaonnae must no Ifled w-I Me roorrn,an'Nnza sIcr 41 me Iocal gwunmentat Mail not later Inan trio 714 tustness 67V altar Ma dale the Vendor Cocomos 9'AWO Or 7a.Cta that reefJ48 140 stale rOnt to be sled, Sea Sacllm 176.1305(a-1]..LOW GCwamn)arn Code. A ven6'MT,= an 01111Se it ire vendor[xnatkingti,vl6al9&ueclicn 1 &DX,Leta.'Cr7ddmmenl Qidd.An o0ense LEM this sectial IN'a misdemeanor. !J Hamcofvendorwho hers abuaineaa relationship with local governmental etrtity. 1 , \�LS cal w--e r 'C 13w-^-a I .� rn2 Check.this box if you arefii;nganupdatetcsapneviously filed queaticntaira(The iawrnLrealhelyw Wan updated comtpRcied questionnaire w th the appropriate filing authority not later than the 71h bu€hims day after the date on which you became aware that the originally li ed questionnaire was thcorrykie or inaccurate) Harne of local goverimem officer aboutwhom 111 a inlormationis being disclosed. �.. Name c4[7tts^..ar 4 Describeesch employment or othiir business relationship with this local govemnterrt officer,nor a family member of the ofEioor,as described by Section 1711001(al(2XA)..Also describe any family reladonship with the loca l government officer.. Complete subparts Aand g for each employment or business rojeliondhip described. Attach additional papa,to this Form CIO as neceaaary^ A. Is the food government officer or a Family member of the okfrecer receiving or like4,to receiva taxable income, other than imtestrnent income,from the verAw? Fl Yea F-� hlo S. Is the vendor racehrfng:or lik4y to rect ve taxable income,other than inrastmentincorne,fmmor of the d'weLdidn of the local government officer or a family msrriter of the officer-AND the taxaM income is not receirved'.from Ito kcal governmental entity? Yea F7 Edo S Describeeadhempioymentorbusiness relationship thettbevenddrinomedin Section I maintains with a corporation of other business entity with respect to which lha Vocal goveanrnent officer serves as an officer or director,orholds an \ownership inlereat of one percent or more. PP ❑ Cheek Itlis box t#the vendor has given the local government officer or a family Inembar of the oHirrr one or more ails as de hood in Section 176,GMlaJf2l4Bl, excluding,gifts described in Section 17'6.003(a-1).. 7 AAA 2.14, Sign is at Verdar d3ing nosiness I iri ir3mW enliq Me coanptwidedbTo, EithmscominissiCn •A'A^N:eIYIICS.sYala.fx.u5 Rovised11,130'2C+is 18 Name SKU SKU Name < Price Per City of Richland Hills 81298 Soda Ash 50# Bag $ 17.95 City of Richland Hills 81269 Calcium Chloride 50# Bag $ 17.95 City of Richland Hills 81293 Cyanuric Acid Conditioner 100# Drum $ 114.95 City of Richland Hills 13144 Leslie's Perfect Weekly 3 Liter $ 29.95 City of Richland Hills 14918 Leslie's Ultra Bright Gallon $ 19.95 City of Richland Hills 14030 Algae Control Gallon $ 49.95 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: Approve Resolution No. 2017-010, receiving the certification of unopposed candidates and canceling the May 6, 2017 General Election. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The purpose of Resolution No. 2017-010 is to receive the certification of unopposed candidates and to cancel the May 6, 2017 General Election. GENERAL DESCRIPTION: The City Council, at their February 13, 2017 meeting, approved Resolution No. 2017- 004 that called the May 6, 2017 General Election. The 2017 General Election determines the positions of City Council Places 1, 3, 5, and 7. The positions are elected for a two-year term and will expire in May 2019, or until their successors are duly elected and qualified. The filing period for the 2017 General Election began January 18, 2017 and concluded on February 17, 2017. The filing deadline for a write-in candidate to declare candidacy was February 21, 2017. As the authority responsible for having the official ballot prepared, the city secretary shall certify to the presiding officer of the governing body that candidates are unopposed for the election scheduled to be held on May 6, 2017. Following receipt of certification (Attachment A) and pursuant to Subchapter C of Chapter 2 of the Election Code, the City Council may declare each unopposed candidate elected to office. The newly elected officials will be sworn into office at the May 15, 2017 City Council meeting. RECOMMENDATION: Approve Resolution No. 2017-010. RESOLUTION NO. 2017-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, RECEIVING CERTIFICATION OF THE CITY SECRETARY; DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AND CANCELING THE MAY 6, 2017 GENERAL ELECTION. WHEREAS, the City of North Richland Hills, Texas ("City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government code; and WHEREAS, the City of North Richland Hills Charter provides that city elections shall be held in accordance with laws of the State of Texas; and WHEREAS, Section 41.001(a) of the Texas Election Code, as amended by the 84th Texas Legislature, establishes the first Saturday in May as a uniform election date for the purposes of conducting a General Election; and WHEREAS, Section 3.004(b) of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General Election for the purposes of electing members to the governing body; and WHEREAS, the Council approved Resolution No. 2017-004, calling the General Election of May 6, 2017 for the purpose of electing four council members to serve on the City Council in Places 1, 3, 5, and 7; and WHEREAS, the filing deadline for placement on the ballot and declaration of write-in candidacy have passed; and WHEREAS, the city secretary has certified in writing that each candidate on the ballot is unopposed for election to office; and WHEREAS, in these circumstances Subchapter C of Chapter 2 of the Election Code authorizes a governing body to declare each unopposed candidate elected to office and to cancel the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Certification of the City Secretary. As the authority responsible for having the official ballot prepared, the City Secretary hereby certifies (Attachment A) that the following candidates are unopposed for election to office for the election scheduled to be held on May 6, 2017 and that no write-in candidates have filed to be placed on the list of write-in candidates. Resolution No. 2017-010 Page 1 of 2 OFFICE CANDIDATE TERM Council member, Place 1 Tito Rodriguez Two years Council member, Place 3 Tom Lombard Two years Council member, Place 5 Mike Benton Two years Council member, Place 7 Tim Welch Two years Section 2. Declared Elected to Office. The following candidates who are unopposed in the May 6, 2017 General Election, are hereby elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Place 1 Tito Rodriguez Place 3 Tom Lombard Place 5 Mike Benton Place 7 Tim Welch Section 3. Cancel Election. The May 6, 2017 General Election is canceled, and the City Secretary is directed to post a copy of the attached order (Attachment B) on May 6, 2017, at each polling place that would have been used in the election as required by Chapter 2 of the Election Code and in compliance with Section 203 of the Voting Rights Act 52 U.S.C. §10503. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 61' day of March 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney Resolution No. 2017-010 Page 2 of 2 Attachment A CERTIFICATION OF UNOPPOSED CANDIDATES FOR OTHER POLITICAL SUBDIVISIONS (NOT COUNTY) CERTIFICACION DE CANDIDATES ONICOS PARA OTRAS SUBDIVISIONES POLITICAS (NO EL CONDADO) To: Presiding Officer of Governing Body Al: Presidents de la entidad gobernante As the authority responsible for having the official ballot prepared, I hereby certify that the following candidates are unopposed for election to office for the election scheduled to be held on May 6, 2017. Como autoridad a cargo de la preparacion de la boleta de votacion oficial, por la presente certifico que los siguientes candidatos son candidatos unicos para elecci6n para un cargo en la elecci6n que se Ilevara a cabo del 6 de mayo de 2017. List offices and names of candidates: Lista de cargos y nombres de los candidatos: Office(s) Cargo(s) Candidate(s) Candidato(s) Place 1 Tito Rodriguez Place 3 Tom Lombard Place 5 Mike Benton Place 7 Tim Welch k Signature (Firma) Printed name (hombre en letra de molde) Title (Puesto) Date of signing (Fecha de firma) (Seal) (sello) ATTACHMENT B ORDER OF CANCELLATION The City of North Richland Hills hereby cancels the election scheduled to be held on May 6, 2017 in accordance with Section 2.053(a) of the Texas Election Code. The following candidates have been certified as unopposed and are hereby elected as follows: Candidate Office Sought Tito Rodriguez City Council, Place 1 Tom Lombard City Council, Place 3 Mike Benton City Council, Place 5 Tim Welch City Council, Place 7 A copy of this order will be posted on Election Day at each polling place that would have been used in the election. Presiding Officer of Governing Body Secretary (seal) Date of adoption MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2017 SUBJECT: Consider Resolution No. 2017-008, Texas Governor's Office Criminal Justice Programs Competitive Grant, and Authorize an Agreement with Spillman Technologies, Inc., to upgrade the Police Department's current records management software in the amount of $73,845.00. PRESENTER: Rick Scott, Assistant Chief of Police SUMMARY: The Criminal Justice Division of the Texas Governor's Office has allocated grant funds to assist Texas police departments with converting from Uniform Crime Reporting (UCR) to the National Incident-Based Reporting System (NIBRS). Under CJD Competitive Grant # 31988-01, the Police Department will use these funds to upgrade the current Spillman Technologies records management software as permitted under the grant guidelines to capture and report NIBRS information. GENERAL DESCRIPTION: During the last Texas legislative session, House Bill 11 was passed which included provisions to move Texas to the NIBRS reporting system. The law now requires all Texas police department's to convert to NIBRS reporting no later than September 1, 2019. NIBRS is an incident-based reporting system used by law enforcement agencies across the nation for collecting and reporting data on crime. Local, state and federal agencies generate NIBRS data from their records management systems. Currently, the department's record management system allows for adequate UCR reporting in ten different categories. However, to be compliant with the NIBRS mandate, the system will be upgraded to be capable of reporting twenty two different categories. This enhancement will provide greater specificity and more thorough reporting of crimes occurring in our community. This grant will effectively place the department two years ahead of scheduled mandate. In addition to securing these funds, the police department has taken a leadership role in facilitating the NIBRS conversion for our partner agencies of Haltom City, Richland Hills, and Watauga police departments. This unified approach drew considerable praise from the state for our joint efforts in unifying resources and exceeding the mandate. MRH The State has already approved grant funding for North Richland Hills through their competitive process in the amount of $73,845 to purchase the Spillman NIBRS software. This action will approve a Resolution authorizing the application for and acceptance of the grant funds. This action will also authorize those funds to be used to purchase the software upgrade from Spillman Technologies for program costs to include onsite installation, configuration, and technical coordination with the Texas Department of Public Safety. Spillman Technologies is the sole owner, developer and provider for all Spillman software, products, services and support. RECOMMENDATION: Approve Resolution No. 2017-008 and Authorize Agreement with Spillman Technologies, Inc. in the amount of$73,845.00. RESOLUTION NO. 2017-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, IN SUPPORT OF APPLYING FOR AND ACCEPTING A GRANT FROM THE TEXAS GOVERNOR'S OFFICE CRIMINAL JUSTICE DIVISION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas Governor's Office Criminal Justice Division Competitive Grant and make appointments for the conduct of business and to expend funds relative to Grant # 31988-01; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Grant; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor's Office Criminal Justice Program funds, the City Council of North Richland Hills assures that the funds will be returned to the Texas Governor's Office in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, 1. That the above recitals are hereby incorporated into this Resolution. 2. That the City Council of North Richland Hills approves submission of the grant application and acceptance of the funds for the Texas Governor's Office Criminal Justice Division Competitive Grant # 31988-01. PASSED AND APPROVED this the 61' day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Resolution No. 2017-008 Page 1 of 2 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia Farmer, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Director of Public Safety Resolution No. 2017-008 Page 2 of 2 sp an technologies,inc. Quote and Purchase Addendum Quoted Date: February 23, 2017 Quote Number: QUO-10174-L81IOH6 Quote Expiration Date: March 31, 2017 Prepared By: Troy Archer Services Included • First-year Maintenance—For the specific module(s) listed in this document, all upgrades and live phone support services are included for the entire first year. • Project Management and Installation—Spillman will assign a Project Manager as the agency's single point of contact.This individual will coordinate Spillman's expert installation and training staff as needed to ensure a smooth upgrade transition. Included in Quote Package Quote • IBR-Texas Specific $73,845 Future Maintenance • 2nd-year maintenance charges will begin 12 months from the date of contract execution listed below. • Future maintenance is estimated for your planning purposes and is not included in this purchase. 2nd-year Maintenance Total: No change. from UCR Host Agency: North Richland Hills Police Department Shared Agencies: Watauga Police Department Haltom City Police Department Richland Hills Police Department Page I of 2 sp an .chnologies, ine. Quote and Purchase Addendum Quoted Date: February 23, 2017 Quote Number: QUO-10174-1,81-101-16 Quote Expiration Date: March 31, 2017 Prepared By: Troy Archer The Customer's signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Spillman within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman.The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein. North Richland Hills Police Department Customer Name Authorized Signature Date Print Name and Title Spillman Technologies, Inc. V Company AuthorizoqSignaft.11 411A, Zo; J� 'I, Date Print Name andTitle Page 2 of 2 is num-WOMMIRTWURN M W CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 el 1 Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and a If there are no Interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-171289 Spillman Technologies Salt Lake City, UT United States Date Filed: 2 Name of governmental entity or state agency that Is a party tot the contract for which the forms 02/24/2017 being filed. North Richland Hills Police Department Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. QUO.10174-LBHOH6 IBR-Texas Specific Licensing,setup,and configuration 4 Nature of Interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only If there is NO Interested Party. X e AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. NOTARY PUBLIC AMANDA P ETT tfi9Y00A COMMISSION EXPIRES (#� OCTOBER 22,2026 484 n dSf°a of authorized agent of contracting business entity STATE OF UTAH AFFIX Sworn to and subscribed before me,by the said �.�\E �,/ ,�, this the ^` t day of .. ....... ........ ..... ...._.� .-�.______....__ d t,„ 20 __,to certify which,witness my[tend aril seal of office (-„)... „�,. r i�t ltd C.l � i,",��::. , ar' ( ;;F�<1 signature of officer administering oath Printed name of officer administering oath Tityle of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 �r \vWw'spillnrui.con) 1J pteehnologies,inc. rehablt nn February 20, 2017 RE: Single Source Document for Texas IBR Module To whom it may concern: North Richland Hills Police Department and their partner agencies currently use software provided by Spillman Technologies, Inc. for its public safety operations. 'The Police Department and partner agencies plan to supplement this technology with Spillman's Texas Incident Based Reporting (TIBRS) module. The requested software is developed and supported entirely by Spillman Technologies, Inc. As the sole owner and developer of the existing software solution in place at North Richland Hills PD, and as the sole owner and developer of the requested software and services that are proprietary to Spillman, it is recognized that there is no substitute vendor or product that can provide the 'integrated system offered by Spillman. Other vendors cannot provide the TIBRS collection or integration to the Spillman system. No other vendor offers this functionality or this level of integration, thereby necessitating this Single Source Document, Additionally, Spillman software licenses are not sold through retail outlets, brokers,or integrators. Spillman 'Technologies is the single source provider for all requested Spillman products and services. Specifically, the requested software is developed by the Spillman Product Development Division, and all training for Spillman software is provided by the Spillman Customer Education Department. The installation and implementation of our software products are provided by the Spillman Installation Department and the Client Services Department. Maintenance and support for the Spillman software is provided by the Spillman Technical Support Department. All said products and services are provided through Spillman Technologies. Please call me if I can be of further assistance. My contact information is: 1-800-860-8026, ext. 1908,(Cell) 435-512-3868 or by e-mail: tarcher(a spillman.com. Sincerely, Troy Archer Sr. Account Sales Executive 4625We.ttake Par4:Blvd,Salt Lake CityUtah 84120 Tall-6c� YDe.fiG0A02C � FAX;801902.1210 I ofo",splllman,con) MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: Authorize the City Manager to execute a contract with Bellphi- Environmental LLC for abatement and demolition of the houses located at 6705, 6713, and 6721 LaRue Circle in the amount not to exceed $57,333.00. PRESENTER: Chris Amarante, Director of Facilities & Construction SUMMARY: Authorize the City Manager to execute a contract with Bell phi-Environmental LLC for abatement and demolition of the houses located at 6705, 6713, and 6721 LaRue Circle in the amount not to exceed $57,333.00. GENERAL DESCRIPTION: The demolition of the three houses is due to the extension of Meadowlakes Drive east, across Rufe Snow Drive and then connecting to Corona Drive. As Council is aware the extension project is necessary in order to improve traffic flow along Rufe Snow Drive by eliminating the offset intersection that currently exists with LaRue on the east side and Meadowlakes on the west side. Currently three houses are in conflict with the proposed road extension. This agenda item authorizes the approval of a contract to demolish the existing structures. Because of the size of the demolition project (more than one structure), the city is required to perform an environmental review. At the time of bidding this project, only two houses were vacant. Because of time constraints, staff went ahead and proceeded with the environmental review for these two houses. During the environmental review, the two vacant houses, 6705 and 6713, were identified as having asbestos containing materials, which must be abated. Professional Services Industries, Inc. was hired to perform the study identifying those materials and will also provide the professional services necessary to ensure the abatement is performed according to federal, state, and local regulations. Staff anticipates the third house located at 6721 will also have asbestos containing materials. The tenant has now vacated the premises and testing has been performed by Professional Services Industries, Inc. Staff has not received the final report; however, it is the intent of staff to discuss a potential change order with the selected contractor to abate the asbestos containing materials if the report indicates that asbestos is present MRH in the third house. If the proposed change order from the contractor is within the expected cost, a change order will be issued. If the cost of the proposed change order is not within the expected cost, staff will go out for bids on the abatement portion of work for that house. Notice of the City's intent was advertised as required by State Statute, and posted on the City's Purchasing Department Web page. The City received twelve Competitive Sealed Proposals on February 15th, 2017 from the following: • ARC ABATEMENT INC. • ALLEN & COMPANY ENVIRONENTAL SERVICES • BELLPHI-ENVORIMENTAL, LLC. • CONSTRUCTION COMPANIES GROUP, LLC. • EDRS INC. • GARETT DEMOLITION • HP ECOLOGICAL SERVICES, LLC. • INTERCOM ENVIROMENTAL, INC. • LOYD D. NEIGHBORS DEMOLITION • MATRIX DEMOLITION, LLC. • RNDI COMPANIES, INC. • TACTICAL DEMOLITION A Selection committee was appointed to evaluate the responses to determine which Competitive Sealed Proposal represented the best value to the City. The committee included staff from the Facilities & Construction, Purchasing, and Professional Services Industries, Inc. After evaluating the proposals the committee unanimously selected Bell phi-Environmental LLC. Bell phi-Environmental LLC. references were checked with a favorable history. RECOMMENDATION: Authorize the City Manager to execute a contract with Bel 1phi-Environmental LLC for abatement and demolition of the houses located at 6705, 6713, and 6721 LaRue Circle in the amount not to exceed $57,333.00. BELLPHI E N VIRONM ETAL N LLC 2332 N. BEcxLEY AvE. DaL L As, TX 75208 OFFICE: 214.946.3202 FAx: 214.853.4390 WWW.BELLPHI-ENVIRO.COM TABLE OF CONTENTS L STATEMENT OF QUALIFICATIONS II. BID FORMS III. CONTRACTOR TDSHS LICENSES IV. INSURANCE V. ADDENDUME ACKOWLEDGEMENT FORMS STATEMENT OF QLiALIFICATIONS lYP�rq BELLPHI ENVIRONMENTAL, LLC r wo 4�'w Po Box 223632 PHONE (214) 946.3202 DALLAS, TX 75222 FAx (214) 853.4390 - - vvww.BELLPHI-ENVIRO.COM STATEMENT OF QUALIFICATION Bellphi Environmental, LLC offers more than 10 years of combined knowledge and experience in the asbestos and mold removal industry We offer a number of benefits, as well as protective measures that may not be available from other contractors. Among these services are: • Capacity to bid and perform services for any size project. • In-house Project Quality Inspection Program that insures you the proper and safe Control requirements and procedures on your project. • All of our employees, on project sites are A.H.E.R.A. certified, licensed and completed and passed extensive training A.H.E.R.A. certified. • Bellphi Environmental, LLC is licensed, and insured. • 24 Hour Emergency Response. We take great pride in submitting to you our proposal and hope that it meets with your approval. We look forward to working with you on your project. Should you have any questions or require additional assistance, please do not hesitate to contact me. We at the Bellphi Environmental, LLC always offer our customers the highest quality service, as well as the most reasonable price available. Respectfully, C4,.- mit", Christian Martinez President Company Information: 1. Bellphi Environmental, LLC 2. 2332 N. Beckley Ave. — Dallas, TX 75208 3. Office : (214)946-3202 Fax: (214)853-4390 Direct: (214) 886-9082 Christian(@ bell ph i-enviro.com 4. www.bellphi-enviro.com Contractor Qualification and Experience: 1. Terrell ISD • Location: Various locations throughout district-Terrell, TX 75160 • Project Amount: $75K+ • Contact Person: Dave Sudduth (214)500-9230 • Consultant: Professional Service industries Duncanville ISD • Location: Various locations throughout district— Duncanville, TX 75137 • Project Amount: $200K+ • Contact Person: Kourosh Moussavian (214)837-2095 • Consultant: Advance Environmental Control, Inc. Dallas ISD • Location: Various locations throughout district— Dallas, TX 75215 • Project Amount: $200K+ • Contact Person: Daryl Daniels— (972) 925-5300 • Consultant: Professional Service Industries Joshua ISD • Location: 720 S. Broadway St. —Joshua, TX 76058 • Project Amount: $30K+ • Contact Person: Eddy Myers (817) 202-2500 • Consultant: Environmental Support Services, Inc Don Ingram (972) 527-4423 Jim Lake Companies • Location: County Buildings—Waxahachie, TX • Project Amount: $85K+ • Contact Person: Jon-Mark Williams— (214) 741-5018 • Consultant: EHP Consulting Caddo Mockingbird, LP • Location: Mockingbird Towers- Dallas, TX 75247 • Project Amount: $116K+ • Contact Person: Paul Albert- (214) 366-2020 • Consultant: Arkose Environmental, Inc. Project United Community Development Corp. • Location: Vacant Office Building- Dallas, TX 75217 • Project Amount: $158K+ • Contact Person: Lon Boyce- (214) 802-4685 • Consultant: Primera Everman ISD • Location: Hommel Elementary School- Everman, TX 76140 • Project Amount: $1 OOK+ • Contact Person: Glenn Brown (817) 615-3604 • Consultant: EcoSystems Environmental, Inc. Garrett Demolition • Location: Multiple City of Fort Worth Locations- Ft. Worth 76119 • Project Amounts: $150K+ • Contact Person: April Collmar- (817)426-0082 • Consultant: IHST, Highpoint, Enercon Bellphi Environmental, LLC has not been issued any citations by a Government Agency Federal, State, and Local. Further more no contracts have ever been terminated by Bellphi Environmental, LLC, and have always completed all contracts. At this time, Bellphi Environmental, LLC is not involved with any legal proceedings nor has neither any claims against nor its employees. Bellphi Environmental, LLC has completed multiple asbestos abatement projects for various clients in the metroplex for the last year, including commercial, Industrial, and residential properties. Safety: 1. Bellphi Environmental, LLC will be utilizing the safety program that was approved by the Texas Department of State Health Human Services. 2. Bellphi Environmental, LLC requires employees to be drug tested twice a year. In addition, requires employees to seek help or counseling in dealing with chemical substance abuse to maintain their employment with Bellphi Environmental, LLC, continue violations of policy employees are terminated. 3. Bellphi Environmental, LLC Quality Assurance/Quality Control Program will be based on the requirements set forth by Proiect Consultant (Owner Representative). Once all information is known for projects Bellphi Environmental, LLC will implement the programs to insure it is up to standard with Owner Financials: 1. Bank reference: Grand Bank of Texas Note: Can provide financial statements when requested. 2. Insurance Coverage please see Insurance Certificate. 3. Bellphi Environmental, LLC has never filed for bankruptcy. Supervisory Personnel and Laborers Supervisors-TDSHS License Number • Carlos Chinchilla/ 80-4282 • Eswin R. Carrera/80-5105 Julio C. Discua/92-0308 Laborers- TDSHS License Number • Jose A Vasquez 92-5836 • Antonio Vasquez 92-6489 • Evelyn Turcios 92-9563 • Hector Perez 93-1727 • Carlos Ochoa 92-5665 • Joaquin Diaz Hernandez 92-7679 • Rigoberto Reyes 92-2942 • Alejandro Turcios 93-2150 • Daniel Sandoval 93-2151 • Melvin Guillen Maldonado 92-4208 • Victor Garcia Montenegro 92-2135 lYP�rq BELLPHI ENVIRONMEMAL, LLG . J' - , J " J J `'T J 1I d ' JIJ7 / V ) JV ' PO BOX 223632 PHONE (2 t 4) 946.3202 DALLAS, TX 75222 FAx(2 t 4) 853.4390 EMAIL: CHRISTIAN @BELLPHI-ENVIRO.COM Qualifications of the Provider Bellphi Environmental has Five fundamental practices: 1. Financial- Clear objectives to emphasize financial targets of the company and savings for the prospective clients. • We have multiple projects on going at a time that enables us to have cash flow. • Once a project has been completed we compose a detailed Final Close Out Report that discusses daily scopes of work performed along with the final billed invoice. Please see the attached sample invoice. 2. Human Services- We operate effectively- employing competent core group of industry trained people that work efficiently together. 3. Customer Service- Management establishes objectives that focus on providing quality customer service as our top priority. 4. Safety- We have safety meetings and quarterly office safety meetings discussing proper OSHA, TDSHS and EPA standards, as well as safety with per project discussions. All of which makes us cost effective with no accidents or injuries reported. 5. Sales and Marketing- • Bellphi Environmental measures our position against Industry competitors focusing on ways we can pass on our savings to our clients. BID FORMS 11 BID FORM STRUCTURE ABATEMENT AND DEMOLITION The undersigned, having carefully read and examined the Instructions to Bidders, General Conditions, Supplemental Conditions, Reference Documents, Specifications and/or the Drawings and having visited the site and familiarized self with all local conditions affecting the work, hereby agrees to provide all labor, materials, equipment, and services necessary to construct and complete the Project in conformity with the Contract Documents and in compliance with all applicable regulations. The undersigned agrees, if awarded the Contract, to execute and deliver to the Owner within ten days after signing the Contract, (if applicable) the required Performance and Payment Bonds in the amount of 100 percent of the Contract amount. The undersigned agrees to complete the above referenced Project for the base Bid amount of 6705 and 6713 ACM ABATEMENT /REMOVAL: Eighteen Thousand, Eight Hundred Sixty-Eight Dollars $$18,868.00 6705, 6713, and 6721 STRUCTURE & SITE DEMOLITION: Twenty-Six Thousand, Nine Hundred Ninety-Nine Dollars $$26,999.00 TOTAL BASE BID: Forty-Five Thousand, Eight Hundred Sixty-Seven Dollars $ $45,867.00 TIME OF COMPLETION: The undersigned further agrees to complete the Project within 22 calendar days from receipt of Purchase Order. REQUESTED DOCUIVIENTS/FORMS: To assist us with our review, please insure the following documents/forms are included in your bid package along with the `Bid Form' and all other forms included in the bid package. 1. Minimum of three business/project references including the name of the company, company representative name and title, physical address, business phone number and email address. 2. Company key staff list especially associated with this project. Name and title, physical and email addresses. 17 3. Sub-Contractor information (if applicable) including name of company, key personnel with all previously identified information. 4. Copy of ciurent Certificate of Insurance demonstrating limits, coverages , etc. 5. Addendum Acknowledgement Forms (if applicable) All requested documents are important to be included in your bid package. We want to call you attention to the House Bill 1295. Insure the section is read and instructions followed to include you must go on-line to the web-site address provided to receive the registered form and print it to be submitted with bid package. This form must be included with your package to maintain consideration in this project. The successful Bidder shall submit a list of Sub-Contractors and Suppliers the Bidder proposes to engage in the work within seven calendar days following the acceptance of this Bid. Following execution of this Contract, no Sub-Contractor substitutions of any kind will be accepted without written request from Contractor and subsequent approval of the Owner. The Undersigned, in submitting this Bid, represents: a. Bidder has read and fully understands the Special Conditions, Specifications and the General Terms and Conditions and is fully informed respecting the pertinent circumstances, preparation and contents of the attached Bid; this Bid is in strict accordance with the conditions and Specifications set forth and proposes to furnish all equipment/service at the prices quoted herein, after notice of Contract award. There will be at no time a misunderstanding as to the intent of the Specifications or conditions to be overcome or pleaded after Bids are opened. b. Bidder is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this Contract. C. Bidder understands all Bidders are required to comply with provision of Vernon's Annotated Civil Statutes of the State of Texas with respect to the payment of prevailing wage rates. d. Receipt is acknowledged of the following addenda: Addendum#1 Received Addendum#2 Received Signature: °* Company: Bellphi Environmental, LLC Printed Name: Christian Martinez Phone#: (214) 886-9082 Title: President Date: 02/14/2017 18 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB 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 Program 1711 San Jacinto Blvd., Austin TX 78701-1416 P O Box 13186, Austin, TX 78711-3186 (512) 463-5872 http://www.win dow.state.tx.us/procurement/prop/hub/hub-certification/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 http://www.nctrca.oru/certification:html If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 19 STATEMENT OF RESIDENCY Is your principal place of business in the state of Texas? YES NO If"NO" state address: Bellphi Environmental, LLC PO Box 223632 If"YES" state address 2332 N. Beckley Ave (214) 853-4390 christian@bellphi-enviro.com Definition: "Non-Resident Bidder" - A bidder whose principal place of business is not in the state of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. 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'dke.armnihe each amlplcnrmaama ow aadrar buai'me ls"raaahicxwahrp wwhh erne k"I gowemummemt reff�r„ at a...family rm ber ark the akygcar�.aaukaanr''gaad'6mfgacAicand' .... 4+ NyA1 Afto describe any farrmnllyre onsktip wft the,Ni govemmreeY officer. mmnpiesesubipar7;aka,and B for each emv orryrrrrem9p..or business redarki ishipuloe i Anschaddidonal pa stoW&Faorm.. CIO as areas A. ka the local grsuarnrmemr offia ur a tan* nmmader of 1-Ne irtFmr reoesdwimg cr likaty to renahie ramagotaw ini. n1har dwan hmaestrmil i'.6rmins, Bcrraan aher waamier? B is the Vendor r,acaiwisrg ca Glvrflri'bn wxa um kawahlm haaaaxwe,ri dmma'amvoemfrmant mvccrrie,from m af.'il E etarnn';tnarrra d Ifwa Irrcal garuerrrmuomf officer crr a Pamrify rmi d Items it-ArerAND Jfe Raxsadaao,.waxmrme is not ree varf,P,rerrn the Illccal ,atvatify? OYea. Il y lI No a Hhuawcrikza aacAn amapBasyrrnamt raa gmuaianaaarrsgatiwnseYdp tknaa awa�arar<r�•ornamaad,'rn�acauwsm,"q maaiantaiwra wr llkuac®rkrmralnam.mw other lauwtrream.araky wwhh,maepace to wwhudn,ekes gorra,q gc R':mtif¢nar aarrwaa aa:am o!fTnasar mr camacwar„aw'holda era o,tiwmerwdniyyr kr �at dR errs pamc, ra er rmora. m W:;°&xk fkuis,box mf'the veridcr Waal given the Iraca'q guvia ramenl officer u a tzuariftF mmcge ofta as describe(to 5eclrcm ITU.LNft:R4a,1$ .li 1, excluding,gifts. des ribed !rr Sendion 'liTE.17ERai 71 �„, °. „� ` Dallas F4110we rm wraillom' mmp viianea w l aaaumRrmmcaga earrtN DFAD `:Ulm pararalero of Tens Em in CUTMI,uarnar ^a^mw°pa'.'Dftcs.ssate..rx..us FT.Isad tid25TME 21 NON...COLLUSION A1E°FIDAVIT OF BIDDER State of Texas County of 02/14/2017 Christian Martinez verifies that: (Name) (1) He/She is owner, partner, officer, representative, or agent of Bellphl Environmental, LLC has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers,partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. C 4 SIGNATURE Christian Martinez PRINTED NAME �WMwu[ASaeaAPee Subscribed and sworn to before me this ,` 4. 14th February � � Day of 2017 _� �a�,�+'C"'y.� >�d, vW✓t1�'u I ^r'h ""% �y�.� G i�' ,�rG � ,.... N0 ARY PUBLIC to and�a� Dallas ",l/, �`e'nwV "NON' County, Texas. My commission expires: 11-21-2020 THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID 10 BID C R"r) FICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that tie/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: Bellphi Environmental, LLC ADDRESS: PO Box 223632 CITY, STATE & ZIP: Dallas, TX 75222 TELEPHONE: (214) 946-3202 FAX Dallas, TX 75208 EMAIL: christian @bellphi-enviro.com SIGNATURE: PRINTED NAME: Christian Martinez DATE: 02/14/2017 11 CONTRACTORTDSHS LICENSES III CIA In, as o ch Eli �111A .4 UL OZ r N OZ. wh 4t 0 '%4 uj un Ll (Al 0 1 cx7 cv Crj ara In c va Rs L LLJ LL TA r ua ° o L14 LL4 z LLJ o Y C', v p � � C :� u CIA ui co 43J cc: ra LL 41 V4 C/) C5 *Poo p GPM 6a iry L �� W •> as LO ®POO O >. �* CD o ca a •> v 9i CI1 cl Cam" G�" F r- W O m r9 CO5 _ ro S`7 < a cr >+ ra V U �! u t _ m ro c� c ry a v a e IE � w INSURANCE IV A�oR CERTIFICATE OF LIABILITY INSURANCE °10/26/2o 6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N°pMNEADT SHAWN WYATT THE WYATT AGENCY IA, No EM).936-291 3074 Fuc Na) 936-291-1217 NIAIE 130011TH STREET ADDRESS:ARGO1 SBCGLOBAL.NET SUITE 305-E INSURER(%AFFORDING COVERAGE NAIC# HUNTSVILLE,TX 77340 INSURER A ARCH SPECIALTY INSURANCE CO. -------------------------- --- NSURED INSURER B: ARCH INSURANCE COMPANY BELLPHI ENVIRONMENTAL, LLC INSURER c TEXAS MUTUAL INS.CO. _ P.O. BOX 223632 INSURER D: DALLAS, TX 75222 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 100249 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCE_D__BY PAID CLAIMS. ___________ IN R TYPE OF INSURANCE INSR SWVD POLICY NUMBER POLICY EFF POLICY E%P LIMITS MM/DDA=Y MMIDD/YYYY A GENERAL LIABILITY 12 EMP 05259 02 3/10/16 3/10/17 EACH OCCURRENCE $ 3,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(E.Eo�mence) $ 50,000 ____ _ _ CLAIMS-MADE X I OCCUR WED EXP(Any one person) $ 5 000 X ASBESTOS/MOLD PERSONAL&ADV INJURY $ 3.000.000 X POLLUTION LIAR. _-_-_ GENERAL AGGREGATE $ 3,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 3,000000 PRO- Fx—] POLICYF—1 POLICY JECT LOC $ 1_— COMBINED SINGLE B AUTOMOBILELIABILITY 11CAB92461-00 10/26/16 10/26117 (Eaacwdent) LIMIT $ ,000,000 ANY AUTO BODILY INJURY(Per parson) $ ALL OWNED SCHEDULED AUTOS X AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X gLTOOWNEO (peaccident-A $ 3 $ UMBRELLA LIAR i OCCUR EACH OCCURRENCE $ ------------" .............._ EXCESS LIAR CLAIMS-MADE AGGREGATE $ ___ __ _________- ____------------------.--------_- DEO RETENTION$ g `. WORKERS COMPENSATION AND EMPLOYERS'LIABILITY TRYLI YIN 0001288790 616/16 6/6/17 X ANY CCPROPRIIETORIPARTNER/EXECUTIVEr� NIA E.L.EACH ACCIDENT $ 1,000,000 (tl8udalOry in FIER OEU? I_ E.L.DISEASE-EA EMPLOYEE $ 1,000,000 II ye$describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 _--------- ---------------—_ ------------------------------ ___- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,l/more apace Is required) FOR INFORMATION AND BIDDING PURPOSES ONLY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOR INFORMATION AND BIDDING PURPOSES ONLY ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORD:ED REPRESENTAT E ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Form W-9 Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. BELLPHI ENVIRONMENTAL, I N 2 Business name/disregarded entity name,if different from above N On M a 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to certain entities,not individuals;see m ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestate instructions on page 31: N o single-member LLC Q Limited liability company.Enter the tax classification(C=C corporation,SS corporation, P=partnership)► C Exempt payee code(if any) `p Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting Hthe tax classification of the single-member owner. code(if any) y' � ❑Other(see lnstructlons)► Ownc- erre us.) 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) U "o. PO BOX 223632 to 6 City,state,and ZIP code U) DALLAS,TX 75222 7 List account numbers)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number( However,for a page —m — resident alien,sole proprietor,or disregarded entity,see the Par[I instructions on page 3. For other entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. 4 6 — 2 6 0 8 7 7 7 JiM Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA), and generally,payments other than interest and dividends,you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of 02/14/2017 Here U.S.person Ill V.. � A@ Date► General Instructions •Form 1096(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer Identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number pTIN),adoption taxpayer identification number(ATIN),or employer 1.Cl that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an Information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(Interest earned or paid) 3.Claim exemption from backup withholding it you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA cadets)entered on this farm(If any)Indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-5(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) ADDENDUM ACKNOWLEDGEMENT FORMS v CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3,5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-166525 Bellphi Environmental, LLC Dallas, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/14/2017 being filed. The City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFP 17-011 ACM abatement/removal and/or demolition of the structures. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Bellphi Environmental, LLC Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT to""'rr aneri I swear, or affirm,under penalty of perjury,that the above disclosure is true and correct. Signature of uthorized agent of contracting„„(it iness entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me,by the said Christian Martinez this the 14th day of February 20 17 ,to certify which,witness my hand and seal of office. Z Crystal B. Rodriguez Project Assistant Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 NoKTH R [ CHLAND Hii_ r- w fqftm T H E C I T Y OF C H O I C E PURCHASING A REQUEST FOR BID LARUE CIRCLE DEMOLITION BIDS DUE WEDNESDAY, FEBRUARY 15, 2017 BY 10:00 A.M. 1 ll"alblle od'Contents INVITATION TO BID.......................................................................................................................................3 GENERAL CONDITIONS..................................................................................................................................4 INSURANCE REQUIREMENTS ........................................................................................................................9 NON-COLLUSION AFFIDAVIT OF BIDDER.....................................................................................................10 BID CERTIFICATION .....................................................................................................................................11 COMPLIANCE WITH HOUSE BILL 1295........................................................................................................12 DISCLOSUREOF INTEREST.......................................................................................................................................13 SPECIFICATIONS........................................................................................................................................................14 BIDFORM..................................................................................................................................................................17 DISADVANTAGED BUSINESS....................................................................................................................................19 STATEMENT OF RESIDENCEY..................................................................................................................................20 CONFLICT OF INTEREST QUESTIONNAIRE..............................................................................................................21 Attachment „A............................................................................................................................................................. Attachment "B" ACM Abatement 6713 LaRue Circle............................................................................................. Attachment "B" ACM Abatement 6705 LaRue Circle............................................................................................... 2 INVITA,riON ll O BID The City of North Richland Hills is accepting sealed bids from all interested parties for: ➢ Bid Number: 17-011 ➢ Bid Type: REQUEST FORBID ➢ Bid Name: LARUE CIRCLE DEMOLITION ➢ Bid Due Date: Wednesday, February 15, 2017 ➢ Bid Due Time: 10:00 A.M. Central Standard Time ➢ Pre-Bid Conference: ➢ Date: Monday, February 6, 2017 ➢ Pre-Bid Time: 10:00 A.M. Central Standard Time ➢ Location: 6705 LaRue Circle North Richland Hills, TX 76180 ➢ Deadline for questions: Date: Wednesday, February 8, 2017 Time: 12:00 P.M. Central Standard Time DOCUMENTS MAY BE SUBMITTED ELECTRONICALLY VIA: www.publicpurchase.com DOCUMENTS MAY BE DELIVERED TO: City of North Richland Hills Purchasing, Attn: 17-011 LA RUE CIRCLE DEMOLITION 4301 City Point Drive North Richland Hills, TX 76180 If delivering a bid packet please include One (1) hard copy and One (1) soft copy on Flash drive or CD-ROM. Submit documents in a sealed envelope with the following information marked plainly on the front: ATTN: PURCHASING DEPARTMENT 17-011 LARUE CIRCLE DEMOLITION No oral explanation in regard to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. 3 GENERAL CONDITIONS In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change 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 is a conflict between contract documents, the provision more favorable to the City shall prevail. 1. BID TIME It shall be the responsibility of each Bidder to ensure his/her bid is turned ill to the City of North Richland Hills on or before 10:00 4.M.. Wednesday. February 15. 2017. The official time shall be determined by the clock located at the switchboard in the North Richland Hills City Hall lobby. Bids received after the time stated above wilt be considered ineligible and returned unopened. All attached bid documents are to be returned completely filled out, totaled, and signed. Envelopes containing bids must be sealed. The City of North Richland Hills will not accept any bid documents other than the attached. 2. WITHDRAWINGBIDS/PROPOSALS/QUOTES Bids may be withdrawn at any time prior to the official opening; request for non-consideration of bids must be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his/her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for the receipt of bids. 3. IRREGULAR BIDS/PROPOSALS/QUOTES Bids will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City. 4. REJECTION/DISQUALIFICATION Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the time set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub-contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent c) Uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; fl Lack of competency as revealed by reference checks,financial statement, experience and equipment, questionnaires, or qualification statement; g) Bid containing special conditions, clauses, alterations, items not calledfor 4 or irregularities of any kind,which in the Owner's opinion may disqualify the Bidder. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. 5. BID EVALUATION Alward of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods and/or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price; terms and discounts; delivery schedule; b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) The extent to which the bidder's goods or services meet the City specifications and needs; e) The bidders past relationship with the City; f) Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, general conditions and Specifications; i) Results of testing, if required; j) Warranty and/or guarantee,maintenance requirements and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been made by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid. NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 9. DELIVERY/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 period elapsing from the time the order is placed until the City receives the order at the specified delivery location. 5 All material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all relevant information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law 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 awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If items are identified by a "brand name" description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause, the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all materiall respects to the brand name products referenced. The decision of acceptable"equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that lie is offering an "equal"product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone number must be included with each reference. 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City (CMA-074, Standards of Conduct, Section IV). 6 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terns of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance lvith these specifications. Breach of contract or default authorizes the City to award to another bidder, and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days notice prior to cancellation without cause. 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work, breach of contract, or other claim for goods, services, or compensation. All claims for attorney's fees are hereby WATVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement, and including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit, including self-insurance. 7 19. PERFORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred (100) percent of the total contract price; if the total contract amount exceeds $50,000 the contractor shall be required to execute a payment bond in the amount of one hundred(100)percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing lnterlocal cooperation agreements with the City of North Richland Hills. 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests. However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. DEPARTMENT OF TRANSPORTATION (TXDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the bidder. The City of North Richland Hills and its representatives will not be responsible for any errors or onnissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. 8 INSURANCE RANCE EQUI EME TS Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of North Richland Hills. Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work Tvpe of insurance Amount of insurance Provision 1. Commercial General Liability to $1,000,000 each occurrence, City to be listed as additional include coverage for: $1,000,000 general aggregate; insured and provided 30 day-notice a) Premises/Operations of cancellation or material change b) Products/Completed Or in coverage Operations c) Independent Contractors $1,000,000 combined single limits City prefeis that insurer be tared d) Personal Injury B+V I or higher by A.M. Best or A c) Contractual Liability or higher by Standard &Pours t) Personal/Advertising Injury g) Medial Expense h) Fire Legal Liability i) Underground Hazard j) Explosion/Collapse Hazard k) Patent Infringement 1) Copyright Law Violations 2. Consultants, architects, engineers, $500,000 Professional Liability Landscape design specialist,other with proof that aggregate is still professional services available. 3.workers' Compensation& Statutory Limits Alternate employer endorsement Employers' Liability $500,000 each accident required 4. Comprehensive Automobile $500,000 Combined single limit Liability Insurance,including for bodily injury and property coverage for loading and unloading damage hazards,for a) Owned/Leased Vehicles b) Non-Owned Vehicles c Hired Vehicles A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 9 NON COLLUSION AFFIDAVIT OF BIDDER State of County of verifies that: (Name) (1) He/She is owner, partner, officer, representative, or agent of , has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers,partners, agents or employees has in any way colluded, conspired or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper. SIGNATURE PRINTED NAME Subscribed and sworn to before me this Day of 2017. NOTARY PUBLIC in and for County, Texas. My commission expires: THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID 10 BID C R"r) FICATION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that tie/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: ADDRESS: CITY, STATE &ZIP: TELEPHONE: FAX EMAIL: SIGNATURE: PRINTED NAME: DATE: 11 COMPLIANCE WITH HOUSE BILL 1.29S In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to a contract of a governmental entity that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website. Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) use the application to enter the required information on Form 1295, 2) print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) sign the printed copy of the form (an authorized agent of the business entity must sign), 4) have the form notarized, 5) file the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application may be found at htIps:/www.etliics.state.tx.us/whatsnew/etf info_form1295,htm. 12 DISCLOSURE OF Ids ll ERE,ST Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of North Richland Hills must file a completed conflict of interest questionnaire which is available online at www.ethics.state.tx.us. The conflict of interest questionnaire must be filed with the City Secretary of the City of North Richland Hills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills or submits to the City of North Richland Hills an application, response to a request for proposal or bid, correspondence, or another writing related to a potential agreement with the City of North Richland Hills. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a Class C misdemeanor. 13 BID # 17-011 SPECIFICATIONS ABATEMENT AND DEMOLITION SCOPE OF WORK: 1. All utilities are terminated and disconnected at the service taps. Therefore, the contractor must provide any necessary water and electrical required. 2. Contractor to follow the procedures as specified by the independent materials monitoring firm for the ACM abatement. (see Attachment B) 3. The independent materials monitoring firm shall be on-site throughout the ACM abatement/ removal. The Contractor shall provide a proposed schedule of activities to the Owner to insure appropriate notifications have been provided to the state and schedules can be coordinated between all involved parties. 4. Contractor shall provide the services of ACM abatement/removal and/or demolition of the structures to include piers and footings to a minimal depth of two (2) foot, sidewalks, driveways, sheds, landscape materials, fences, and bushes. Protect ALL trees. 5. Contractor shall remove all pool materials and shall fill in the deep section as well as cut back the earth to provide a gentle slope. Applies to 6705 LaRue ONLY 6. Upon awarding of the Contract, the Contractor shall coordinate with City Project Manager the proposed timeline and schedule for the Project. 7. All activity maybe scheduled Monday through Friday between the hours of 8:00 AM through 6:00 PM. Saturdays shall be at the discretion of Contractor with prior approval thru the City Project Manager. Sunday activity is not permitted. 8. Contractor to insure compliance with all Federal, State and Local codes and ordinances. LOCATIONS: (see Attachment A) A. 6705 LaRue Circle North Richland Hills, TX 76180 B. 6713 LaRue Circle North Richland Hills, TX 76180 C. 6721 LaRue Circle (PENDING ACM TESTING RESULTS) North Richland Hills, TX 76180 14 ACM ABATEMENT AND REMOVAL SPECIFICS: 1. Contact for PSI: Sri Krishnaprasad, P.E. Regional Engineer/Environmental Manager PROFESSIONAL SERVICE INDUSTRIES, INC. (PSI) 310 [Regal [tow, Suite, 500 1 [)allas, tX '752.4'7 Office: 214.330.9211 /Cell: 469.628.6011 srihari(a)psiusa.com I www.psiusa.com I Intertek.com/building 2. Refer to Attachment`B" for the technical specifications, procedures, notifications and timeline for this section of the project. STRUCTURE DEMOLITION SPECIFICS: 1. Upon completion of the abatement process and cleared for demolition by the monitoring company each house is to be demolished including the slabs and piers to a depth of 2', all concrete work including flowerbeds, sidewalks, walkways and driveways up to the approach. 2. All fence materials including posts shall be removed. (Exclude all perimeter fencing materials surrounding 6700 Corona. 3. The HVAC systems at each property shall be removed insuring compliance with applicable Federal and State codes. 4. ALL trees to remain. Care shall be observed to prevent damage. All other shrubs and landscape materials shall be removed as part of this project. 5. Storage building(s) shall be demolished and removed with demolition debris. 6. Each site shall be flat and clear of debris allowing for brush hog mowing. CONTRACTOR'S DUTIES: 1. Secure and pay for as necessary for proper execution and condition of work: a. Permits - Building Permit fees will not be charged to the Contractor but must be obtained at Planning and Development. 4301 City Point Dr. b. Licenses - Fees will be charged for licenses required to perform work. 2. Comply with all local codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on performance of work. 3. The Contractor shall make a thorough inspection of the job site where the work is to be performed. A thorough examination of these specifications should be made so as to be informed of the nature of the work, labor conditions or any other matters that may affect the cost and time completion of the work. Submittal of bid will be evidence that such an inspection has been 15 made and the various details noted. 4. The Contractor shall provide a roll-off for the materials removed, or will dispose of the materials away from the City property daily, as removed. 5. Contractor shall be responsible for the turn key project. 6. Any person employed by the Contractor or Subcontractor who, in the opinion of the City Project Manager, does not perform his work in a skillful manner, or appears to be incompetent, or to act in a disorderly or intemperate manner shall at the request of the City Project Manager be immediately removed from the job site and shall not return to work at any portion of the work as described herein without the approval of the City Project Manager. 7. Once the work has begun, the Contractor agrees to fully man the job with an English speaking superintendent, capable crew, and all materials and equipment necessary for continuous production,weather permitting. Contractor shall be responsible for any costs or damages, including inspection fees, incurred by the Owner through the Contractor's failure to fully man, or equip the job. 8. Contractors use of the premise: a. Confine operations at the site to areas permitted by the Contract documents and/or the City Project Manager. b. Assume full responsibility for protection and safekeeping of products stored on premises. c. Enter and exit the property only as approved by the City Project Manager. CLEANING: Upon completion of work, leave the premises neat and clean, to the satisfaction of City Project Manager. CONSTRUCTION SCHEDULE: All work is to be completed within 45 days of receipt of the purchase order. DOCUMENTS INCLUDED WITH BID SHEET: Verify applicable documents which are called out in the Front End Documents and the ACM Abatement Specification are included with your proposal. 16 BID FORM STRUCTURE ABATEMENT AND DEMOLITION The undersigned, having carefully read and examined the Instructions to Bidders, General Conditions, Supplemental Conditions, Reference Documents, Specifications and/or the Drawings and having visited the site and familiarized self with all local conditions affecting the work, hereby agrees to provide all labor, materials, equipment, and services necessary to construct and complete the Project in conformity with the Contract Documents and in compliance with all applicable regulations. The undersigned agrees, if awarded the Contract, to execute and deliver to the Owner within ten days after signing the Contract, (if applicable) the required Performance and Payment Bonds in the amount of 100 percent of the Contract amount. The undersigned agrees to complete the above referenced Project for the base Bid amount of 6705 and 6713 ACM ABATEMENT /REMOVAL: Dollars $ 6705, 6713, and 6721 STRUCTURE & SITE DEMOLITION: Dollars $ TOTAL BASE BID: Dollars $ TIME OF COMPLETION: The undersigned further agrees to complete the Project within calendar days from receipt of Purchase Order. REQUESTED DOCUMENTS/FORMS: To assist us with our review, please insure the following documents/forms are included in your bid package along with the `Bid Form' and all other forms included in the bid package. 1. Minimum of three business/project references including the name of the company, company representative name and title, physical address, business phone number and email address. 2. Company key staff list especially associated with this project. Name and title, physical and email addresses. 17 3. Sub-Contractor information (if applicable) including name of company, key personnel with all previously identified information. 4. Copy of ciurent Certificate of Insurance demonstrating limits, coverages , etc. 5. Addendum Acknowledgement Forms (if applicable) All requested documents are important to be included in your bid package. We want to call you attention to the House Bill 1295. Insure the section is read and instructions followed to include you must go on-line to the web-site address provided to receive the registered form and print it to be submitted with bid package. This form must be included with your package to maintain consideration in this project. The successful Bidder shall submit a list of Sub-Contractors and Suppliers the Bidder proposes to engage in the work within seven calendar days following the acceptance of this Bid. Following execution of this Contract, no Sub-Contractor substitutions of any kind will be accepted without written request from Contractor and subsequent approval of the Owner. The Undersigned, in submitting this Bid, represents: a. Bidder has read and fully understands the Special Conditions, Specifications and the General Terms and Conditions and is fully informed respecting the pertinent circumstances, preparation and contents of the attached Bid; this Bid is in strict accordance with the conditions and Specifications set forth and proposes to furnish all equipment/service at the prices quoted herein, after notice of Contract award. There will be at no time a misunderstanding as to the intent of the Specifications or conditions to be overcome or pleaded after Bids are opened. b. Bidder is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this Contract. C. Bidder understands all Bidders are required to comply with provision of Vernon's Annotated Civil Statutes of the State of Texas with respect to the payment of prevailing wage rates. d. Receipt is acknowledged of the following addenda: Addendum#1 Received Addendum#2 Received Signature: Company: Printed Name: Phone#: Title: Date: 18 FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North Richland Hills bid process. Representatives from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB 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 Program 1711 San Jacinto Blvd., Austin TX 78701-1416 P O Box 13186, Austin, TX 78711-3186 (512) 463-5872 http://www.win dow.state.tx.us/procurement/prop/hub/hub-certification/ North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 76011 (817) 640-0606 http://www.nctrca.oru/certification:html If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise 19 STATEMENT OF RESIDENCY Is your principal place of business in the state of Texas? YES NO If"NO" state address: If"YES" state address Definition: "Non-Resident Bidder" - A bidder whose principal place of business is not in the state of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. "Resident Bidder" - A bidder whose principal place of business is in the state of Texas and includes a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. 20 ONFL CT OF INITERE,ST QUESTIONNAIRE FORM CID For vendor doing bwrsunsiss with, Ilociall governifirental entity this quesdamastre mmects changes nriade to Me tares by H.E. 22, eeltm Leg., Regular Sesrton. 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A vor&z coi mm25 an Morse It%mevendor KnoWnggywictales rGArllcrn 175.UDE,LFXA Gdvemmml G o.q.l.An d9Bn5s Llmdaf 2119 59rt!gm 19 a.T N3nmmla'a MDL jJ 46amle ot"u+endorwrho has a business relationship with locall gavernmedial....entity. 2 ❑ COrewk.this Idow rf you era CiMammg amp orrgudata to a filedl aguaatirurmrwaina I'&Fra Mawr xagamiras t'hal you Mean updafad tong atlad quevionnaire w Ith the appropnate filing autharity, M later than the TIh husanass day:altar Ina date an whch rou hsarame awmee Mar Itwe owiginally Tiiged questionnaire was liimcontoi sle,ca insc urale.) 2J 64a w a4 Doca4 jg',ewwetmmmlemt,o4mer abmum wwhormthe irn6ormwat',ioni to being d't'sdlmsedt (tame myl'Officer 8 Describe arch employment or adorer buainsm Marion ahtip with the local'',garrarmmlerrt cff r, aw a.daoay member 0:6 the officer.as described lLy Section 176.. sN2XAq. Also clescribe any Marily Ferkationship wwith the locad govermmmnerniafl'acer. Cormpbar subparts,A and B for each enrgploynnenit mr business me'lanumndhiip described. Ansch additional pages to this Forrm... CIO as pessary, A. is the local government ol'fioam or a tlanapy member of Ihoa off7car raoerving or likely to racoiwe taxable incs,'mne,. other Than imveal m>arm income,Prom the werAor'7 Yea = No C Is the vendla receiving oa Holy to rso'ervo taxable liirucame,other tfnamo investmuemt.liincome,from an ae.'Ihe duml,iiionl ua9 the laaal ggovernrmenl afFicer of a.6armily member�rA T hie dricarAND the Mawa a iiimrr'om'e is nod.recesnved Karon the 112raN go srnmrarAal ovftily9 = yes No a Describe can*'h emnploVimen t rat,bruawmeas:re&ati enship grail the rrenclor imamnedl in,Eactiart 1...rmshrtaimre with a corporation ar otter business entity writh.. ct to wrhich.....The 6oca4 gororrrmuemarmT.ot66raer saruaa are am r er ad'orecTc14 of holds an orrwmarrrhip enfrarast of orne percent or imam. e Oieck 1hs her!!M the vendor has green the lccag govef mmnenl officer or a family member of the o6lfaert one or mcae rt As as described in Sechcn 176.W%a,Y2HB), eacludmrg �gtks described in Section D7S DG3(aT�. 7 Signature 2t'varrfon'Wing Nueneas.wmh Me govemmemal enliq Dake :Prams pnwrded dy Toms StrWm'a Calimmlaslai wwq+aM'.eMite Varla.l'x..ue Roviised 11M MIS 21 ..) 1 j' 1 ulq u r i r r.� Y I,I! N� I r, 1 , 9 4 I l �m Om MEN, Information ®ToBuild On Engineering • Consulting • Testing ASBESTOS ABATEMENT GUIDE For SINGLE FAMILY HOUSE 6705 LARUE CIRCLE NORTH RICHLAND HILLS, TEXAS 76180 Prepared for CITY OF NORTH RICHLAND HILLS FACILITES AND MANAGEMENT 6110 DICK FISHER DRIVE WEST NORTH RICHLAND HILLS, TEXAS 76180 Prepared by Professional Service Industries, Inc. 310 Regal Row Suite 500 Dallas, Texas 75247 Telephone (214) 330-9211 PSI PROJECT NO. 06332755 October 18, 2016 TABLE OF CONTENTS INVITATION TO BID SECTION 1.0-SCOPE OF WORK SECTION 2.0- PROTECTIVE CLOTHING AND EQUIPMENT SECTION 3.0- EMERGENCY PLANNING SECTION 4.0-SITE PREPARATION FOR ASBESTOS REMOVAL SECTION 5.0-ASBESTOS REMOVAL AND DISPOSAL PROCEDURES SECTION 6.0-CLEAN-UP PROCEDURES SECTION 7.0-AIR MONITORING PLAN APPENDICES APPENDIX A- CONTAINMENT DRAWINGS APPENDIX B- LICENSES INVITATION TO BID Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 1.0 - SCOPE OF WORK 1.1 Purpose This Asbestos Abatement Guide or Work Plan gives general methods and work procedures to be used by the City of North Richland Hills selected Asbestos Abatement Contractor for the safe removal of asbestos-containing materials (ACMs). This plan is to be used in coordination with all applicable federal, state, and local regulations as well as the general abatement specifications as found in the Texas Department of State Health Services(TDSHS) Texas Asbestos Health Protection Rules (TAHPR) in Title 25 of the Texas Administrative Code Part 295.31—295.73 (25 TAC 295.31- 295.73), United States Environmental Protection Agency (EPA) Asbestos Hazard Emergency Response Act (AHERA) in Title 40 of the Code of Federal Regulations Part 763 Subpart E (40 CFR 763 Subpart E), EPA National Emission Standard for Hazardous Air Pollutants(NESHAP) in 40 CFR 61 Subpart M, United States Department of Labor Occupational Safety and Health Administration (OSHA)Asbestos in Construction Standard for Class 1, II, III IV Asbestos Work operations in 29 CFR 1926.1101 and the Resilient Floor Covering Institute (RFCI)guidelines. 1.2 Scope This project includes removal of ACMs as identified in this specification or as directed by the Owner's contract documents. These operations shall be in compliance with OSHA Class I and 11, EPA AHERA and TDSHS guidelines. The scope of work is as follows: a. Contractor shall submit pre-work submittals (1 copy) for review, prior to work. The submittals shall contain, but not limited to all licenses, personnel information, performance, labor and payment bonds and TDSHS/EPA Notification. Contractor is directed to fill out and submit the TDSHS Notification for the Owner based on the timetable as set forth by the Owner's schedule. b. Contractor shall supply all the necessary tools, equipment, labor, construction/abatement activity materials, waste transporter/can (enclosed disposal unit) and delivery of the waste to an appropriate waste disposal facility to complete the work as specified by these guidelines and/or by the contract agreement. C. Owner shall supply a source of water and electrical power for the project. The asbestos regulated units(ARUs)shall be paid by the Owner. d. Contractor, as a minimum, shall isolate the work areas in accordance with the appropriate sections of 25 TAC 295.60 and 29 CFR 1926.1101(g) as well as this work plan. A temporary airtight barrier, as required, shall be constructed to separate the work areas from the occupied areas in order to maintain service to these areas of the building. This barrier shall be constructed of polyethylene sheeting and wood framing or equivalent. Penetrations through the barrier shall be sealed with an appropriate sealant. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 e. Contractor shall remove and dispose of the following ACMs as indicated on the reference drawing and as directed by the Owner's representative: • Approximately 5400 square feet of wall and ceiling system (joint compound- texture)throughout. Approximately 1,850 square feet of black mastic flooring. • Approximately 200 linear feet of window frame caulking. f. Contractor shall protect all electrical and thermostat components throughout the building. g. Contractor shall construct a three-chamber wet decontamination unit for each work area. The decontamination chamber shall be equipped with a shower capable of delivering hot and cold water. An adequate supply of soap, shampoo and disposable towels shall be maintained for workers at egress. h. All small movable objects shall be removed and stored by others. Large moveable objects left inside each work area shall be covered by a minimum of one layer of 4- mil polyethylene sheeting. I. Replacement will be conducted by others or as directed by the Owner's contract agreement. j. Contractor is to begin work from the start date as noted on the TDSHS Notification or as amended by the Owner's contract. Work schedule is estimated to be a normal 8-hour day. The Contractor may opt to work a 10-12-hour day; however, the Contractor must inform the Consultant 24 hours in advance prior to change in work schedule. The Consultant and the Owner must approve any changes to the work schedule. k. Contractor personnel shall not consume food, alcoholic beverages or smoke on project site premises during any activity. Personnel shall restrict themselves to work hours and park only in designated areas. No admittance to the premises is permitted unless escorted by an Owner's Representative or approved Asbestos Contractor/Supervisor. I. Contractor shall coordinate all work times with the Owner's Individual Asbestos Consultant (IAC) or Proiect Manager and is directed to submit, adjust and amend the TDSHS Notification for the Owner based on his accessibility. M. Contractor is to submit close out documents within 15 days of completion, to include but not limited to waste manifest, personal testing (PEL/STEL), licenses and project logs. This project shall be conducted in accordance with this work plan as well as 40 CFR 763 Subpart E, 25 TAC 295, 29 CFR 1926.1101, the Texas Commission on Environmental Quality(TCEQ) rules in 30 TAC 330.136, and any other applicable, local, State of Texas and EPA/OSHA/other federal codes, regulations, standards, and requirements. Prior to initiating work, proper written notification shall be submitted to the TDSHS per the requirements in 25 TAC 295.34(f) and 295.61. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 END SECTION 1.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 2.0 - PROTECTIVE CLOTHING AND EQUIPMENT 2.1 Protective Clothing Contractor is to ensure that each authorized person involved in asbestos removal will wear protective disposable coveralls, coated canvas or rubber gloves, head covering and non- skid foot coverings whenever he is within the regulated area. The protective clothing shall be made of a material impervious to asbestos fibers. 2.2 Respirators a. Contractor shall comply with 29 CFR 1926.1101(h) and the OSHA General Industry Respirator Protection Standard in 29 CFR 1910.134 and initiate appropriate respirator program. A powered air-purifying respirator shall be used for Class I asbestos work, where a negative exposure assessment of the work area has not been produced. A minimum of half-mask air purifying respirators with at least P100 dual HEPA (High Efficiency Particulate Air) filters shall be used during work area preparation and removal of nonfriable materials. Additional organic canisters shall be utilized in conjunction with the asbestos filters during mastic removal. b. All respirators shall be approved by the National Institute of Occupational Safety and Health Administration (NIOSH)for use in asbestos-containing atmospheres. C. Each worker must perform positive and negative air pressure fit test each time a respirator is put on or as respirator designs permit. d. No one wearing a beard or other facial hair, which will prevent a proper respirator seal, shall be allowed to wear a respirator or enter the regulated area. END SECTION 2.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 3.0 - EMERGENCY PLANNING 3.1 Emergency Procedures The Contractor will develop emergency planning procedures prior to abatement initiation. This plan shall consist of but not limited to emergency exit plans, notification procedures and fire extinguisher locations. Both the Contractor and the Owner shall agree on these procedures. 3.2 Emergency Telephone Numbers Telephone numbers of all emergency response personnel will be predominately posted. The location of the nearest telephone shall be provided. END SECTION 3.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 4.0 - SITE PREPARATION FOR ASBESTOS REMOVAL 4.1 Worksite Enclosure, if applicable: a. Contractor shall isolate the work area (regulated area) per TDSHS regulation 25 TAC 295.60, EPA regulation 40 CFR 61.145(c)(3)(8), and OSHA Standard 29 CFR 1926.1101. The regulated areas shall be roped off and marked with clearly written warning labels in order to keep unauthorized personnel out of the regulated area. The regulated area shall encompass the whole identified removal area expected to have an airborne asbestos fiber concentration greater than 0.01 fibers per cubic centimeter (f/cc) and/or 70 structures per square millimeter (s/mm2) as a result of the removal activities and not of other non-related activities conducted in the building. b. All movable objects shall be removed from the containment area. Cleaning of contaminated items shall be performed if the items are to be salvaged or reused. Otherwise, they shall be properly disposed of as asbestos waste. All non-movable objects that remain in the containment area shall be covered with a minimum of four-mil plastic sheeting, secured in place. C. Regulated areas within which asbestos abatement is to be conducted shall be separated from adjacent areas by impermeable barriers such as plastic sheeting attached securely in place. All openings between containment areas and adjacent areas, including but not limited to windows, doorways, elevator openings, corridor entrances, ventilation openings, drains, ducts, grills, grates, diffusers, and skylights shall be sealed. All penetrations that could permit air infiltration or air leaks through the barrier shall be sealed, with the exceptions of the make-up air provisions and the means of entry and exit. d. Floor sheeting shall completely cover all floor surfaces and consist of a minimum of two layers of sheeting with at least a dart impact of 270 grams and tear resistance of machine direction (M.D.) 512 grams and transverse direction (T.D.) of 2067 grams or at least six-mil true thickness. Floor sheeting shall extend up sidewalls at least 12 inches and be sized to minimize the number of seams. No seams shall be located at wall-to-floor joints. Sealing of all floor penetrations against water leakage is mandatory. Wall sheeting shall completely cover all wall surfaces and consist of a minimum of two layers of four-mil sheeting. Wall sheeting shall be installed so as to minimize joints and shall extend beyond wall/floor joints at least 12 inches. No seams shall be located at wall-to-wall joints. Where a fire hazard exists, all plastic sheeting will be certified by the Underwriters Laboratory (UL) as being fire retardant. Where feasible, when containment walls which exceed 260 linear feet must be constructed, a viewing window will be included in the wall for each 260 linear feet or fraction of that distance which will permit the viewing of at least 51% of the abatement work area. The window shall be constructed of plexiglass which measures approximately 18 inches by 18 inches. The bottom of the window will be at a reasonable viewing height from the outside floor. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 e. Contractor shall provide enough negative air units to ensure four air exchanges inside the regulated area at all times. Contractor shall supply a sufficient quantity of negative pressure ventilation units equipped with ANSI 29.2-79 Local Exhaust Ventilation Requirement and EPA guideline document EPA 56015-83-002 Guidance for Controlling Friable Asbestos-Containing Materials in Buildings. The documents recommend 0.02 inches of water pressure differential between outside and inside the enclosure. Openings made in the enclosure to accommodate these units shall be air tight. The unit should be placed at the best location so that air is forced to move most optimally across the entire enclosure. f. Splash Guards for Floor Tile Removal Requirements: All splash guards shall extend at least five feet above the floor and shall be 6-mil polyethylene sheeting. The sheeting shall be attached to the wall in a manner that will not damage the paint when removed. 4.2 Decontamination Facility, if applicable: The enclosure shall consist of an enclosed work area and a decontamination area which consists of a change room, shower, and equipment room immediately adjacent to and contiguous with the work area. END SECTION 4.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 5.0 -ASBESTOS REMOVAL AND DISPOSAL PROCEDURES 5.1 Class Work Class I Work means activities involving the removal of TSI and surfacing ACM and presumed asbestos- containing material (PACM). Class I Work is scheduled for this project. Approximately 5,400 square feet of wall and ceiling system (joint compound-texture)throughout. 5.2 Class II Work Class II Work means activities involving the removal of ACM that is not TSI or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, fire doors, construction mastics and window caulking. This scope of work requires the removal of the following: Approximately 5,400 square feet of wall and ceiling system (joint compound-texture)throughout. • Approximately 1,850 square feet of black mastic flooring. • Approximately 200 linear feet of window frame caulking. 5.2.1 The following steps are intended to cover the removal of asbestos-containing Wall and Ceiling systems along with floor mastic. Removal of window frame caulking will be under NESHAPS STANDERD 40 CFR. a. Regulate the work area where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed the PEL. b. Demarcate the work area with signs and barrier tape. c. Access to regulated areas shall be limited to authorized personnel only. d. All persons entering a regulated area are required to wear respirators. The minimum respiratory protection for this scope of work is '/2 mask air purifying respirator with HEPA filters unless fiber concentrations require greater protection. The Contractor is responsible for proper and appropriate respirator selection. e. A Competent Person shall supervise all asbestos work. f. Use only vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM or PACK g. Use wet methods, or wetting agents, to control employee exposure during asbestos handling, mixing, removal, cutting, application, and cleanup, except when there is an electrical hazard or another hazard. h. Critical barriers shall be placed over all openings to the regulated area. i. Shutdown and lockout the HVAC system. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 j. All objects within the regulated area shall be covered with impermeable drop cloths or plastic sheeting that is secured by duct tape or equivalent. k. Prep all walls with two layers of 4-mil. Plastic if applicable. I. Construct decontamination and load-out units. m. Establish negative pressure. n. Conduct pre-abatement visual inspection with the Project Manager. o. Any impermeable objects that are not ACM; must be HEPA vacuumed or wet wiped, then passed through the bag out as non-ACM waste. p. Remove ACM along with amended water. Materials should be removed intact, unless the Contractor demonstrates that intact removal is not possible. q. Promptly cleanup and disposal of wastes and debris contaminated with asbestos in leak-tight containers. Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush) shall be used to dean floors. r. Wet wipe and clean entire work area. s. Conduct final visual inspection with the Project Manager. t. Encapsulate the entire work area. 5.3 Waste Disposal a. Disposal bags will be 6-mil polyethylene bags that are preprinted with labels as required by EPA NESHAPS Standard 40 CFR Part 61, Subpart M. Each will be double-bagged and goose-necked at the top to prevent fiber release. b. The Contractor shall take care to prevent asbestos material for clinging to the outside of the filled bags or containers. The bags shall be HEPA vacuumed or wet wiped prior to leaving the work area. c. The waste transporter will have a TDSHS asbestos transporter license. d. Authorized persons will be protected by disposable clothing and a minimum of half-face respirator while loading asbestos waste. e. The enclosed cargo area of the truck or dumpster will be lined with 6-mil polyethylene sheeting to prevent contamination from leaking containers. f. Waste containers will not be thrown into or out of the truck cargo area or dumpster. g. Asbestos waste shall be disposed of in an approved landfill according to current state requirements. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 h. A proper manifest shall be required of all off-site asbestos shipments per Texas Regulations 21 TAC 335.10 (per Texas Department of Health, Occupational Health Division) and EPA NESHAPS Standard 40 CFR Part 61, Subpart M. i. A copy of the waste manifest and all abatement documents (logs, PEL monitoring, etc.) shall be sent to Professional Service Industries, Inc. and the owner upon completion of the project. END SECTION 5.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 6.0 - CLEAN-UP PROCEDURES 6.1 Work Area Clean-up The work area and the decontamination area shall be thoroughly cleaned after all work is finished. 6.2 Method of Clean-up The area shall be cleaned with a HEPA vacuum or wet-wiped. 6.3 Clean-up of Polyethylene Sheeting After vacuuming or wet wiping, the inner layer of plastic sheeting that covers the floors, walls, and all non-removable equipment shall be sprayed with an encapsulant and removed. 6.4. Post Clearance Clean-up Contractor shall remove all waste materials and equipment from job site within 24 hours of completion of the project(Final Clearance Notification verbally or written from the Consultant). END SECTION 6.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 7.0 - AIR MONITORING PLAN 7.1 General Procedures Monitoring of airborne concentrations of asbestos fibers shall be in accordance with TDSHS regulation 25 TAC 295.58(1), OSHA regulation 29 CFR 1926.1101(0 and Appendices A and S, and EPA-AHERA regulation 40 CFR 763.90 Subpart E, and as specified in this plan. The Contractor shall employ his own Consultant for personal air monitoring and submit the results to the Owner's representative. 7.2 Monitoring Prior to Abatement(Baseline) Area monitoring shall be conducted in the ACM work area prior to abatement operations in order to establish the airborne asbestos fiber concentration in the work area prior to the commencement of removal operations. This result will establish an airborne fiber concentration in the work area during normal environmental conditions. A minimum of three samples shall be collected on 0.8 micron mixed cellulose ester (MCE) filters loaded in conducting cassettes with extension cowls. Sampling and analysis will be in accordance with the latest edition of NIOSH 7400 protocol, counting rules A. The minimum sample volume will be 1,250 liters. These samples may be analyzed or archived at the Consultant's discretion. The samples shall be preserved for no less than 60 days following achieving clearance. 7.3 Monitoring During Abatement Area and personal monitoring shall be conducted to determine airborne asbestos fiber concentrations in and around the working environment. All air samples shall be referenced in the daily log. 7.3.1 Area Sampling Monitoring of the area inside and surrounding the abatement site shall be conducted on a daily basis. A minimum of two (2) general area samples shall be collected inside the regulated area and three (3) outside the regulated area. The outside samples shall be located at the negative air exhaust, in the adjacent space, and at the decontamination unit. If air monitoring outside the abatement area shows air concentrations greater than the permissible exposure limit[PEE- 0.1 f/cc of air as an eight(8) Hour Time Weighted Average (TWA)], the TDSHS-licensed Asbestos Contractor/Supervisor shall be immediately notified. 7.3.2 Personal Sampling Monitoring of workers shall be conducted as required by the OSHA regulation 29 CFR 1926.1101(f) and Appendices A and B. Personal sampling is the responsibility of the Contractor. 7.4 Final Clearance (AHERA 40 CFR 763) All project activities, except operations and maintenance (O&M), shall be cleared by using aggressive air sampling. Aggressive air sampling is the use of an air blower, such as a leaf blower with the force of air unaltered and operating as it comes from the factory, directed at all surfaces in order to cause loose asbestos fibers to become airborne. Final phase contrast microscopy (PCM) Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 sampling shall be conducted after a final inspection by the on-site project manager. A minimum of 1,250 liters to a maximum of 3,850 liters of air shall be collected for final clearance samples. A minimum of five (3) inside samples shall be collected from each containment area greater than 160 square feet. Areas less than 160 square feet shall have at least three samples collected per containment area and analyzed via phase contrast microscopy (PCM). The results of the PCM analysis for each sample shall be below 0.01 f/cc. The results of the TEM analysis for all samples shall average less than 70 s/mmz. The 7"shall not be conducted for any reason during the conduct of this project. Contractor shall reimburse the Owner for all additional monitoring due to failures for clearances($700.00 per clearance set of 5 samples). 7.5 Air Sample Analysis PCM air samples shall be analyzed in accordance with the TDSHS-required "NIOSH 7400 Analytical Method for Asbestos and Other Fibers by PCM" by a Proficiency Analytical Testing/Asbestos Analytical Registry(PAT/AAR)-certified and TDSHS-licensed PCM laboratory. The TEM air samples shall be analyzed in accordance with AHERA 40 CFR 763 Appendix A to Subpart E by a National Voluntary Laboratory Accreditation Program (NVLAP}certified and TDSHS-licensed Asbestos Laboratory. Collecting and analyzing area and clearance samples as well as inspecting the site will be the responsibility of Professional Service Industries, Inc. 4087 Shilling Way, Dallas, Texas 75237 (214) 330-9211. The laboratory results will be available in 24 hours after completion of the sampling and delivery to the laboratory. END SECTION 7.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 APPENDICES APPENDIX A CONTAINMENT DRAWINGS Q ) z § \ c , \ G / — ; � a � 7 / / \ � � § \ \ } � ■ jJ f\ =. � •�f\\ i }< APPENDIX B LICENSES 4 4 cc o w rs C s k U o V] qi o ui tj c! 4i G LL a O ts LL • � O p ¢ FBI p� Y• V 6 r. ,C � U a r 1 4 Q ors � Ct W LU o ✓ 1 a'7" i, �^'� W (A Q om' v r"" V) ui f�N , , a `✓ C/� W O d ft rA 17 w � C oa rwrf H V Au a U Texas Uepartment of State Health Services Asbestos Individual Consultant SRIHARI L KRISHNAPRASAD License No. 105478 Control No. 96968 Expiration Date: 2/812018 All if AC11l Il1M11,ii;11`1 II Il:i Om MEN, Information ®ToBuild On Engineering • Consulting • Testing ASBESTOS ABATEMENT GUIDE For SINGLE FAMILY HOUSE 6713 LARUE CIRCLE NORTH RICHLAND HILLS , TEXAS 76180 Prepared for CITY OF NORTH RICHLAND HILLS FACILITES AND MANAGEMENT 6110 DICK FISHER DRIVE WEST NORTH RICHLAND HILLS, TEXAS 76180 Prepared by Professional Service Industries, Inc. 310 Regal Row Suite 500 Dallas, Texas 75247 Telephone (214) 330-9211 PSI PROJECT NO. 06332755 October 18, 2016 TABLE OF CONTENTS INVITATION TO BID SECTION 1.0-SCOPE OF WORK SECTION 2.0- PROTECTIVE CLOTHING AND EQUIPMENT SECTION 3.0- EMERGENCY PLANNING SECTION 4.0-SITE PREPARATION FOR ASBESTOS REMOVAL SECTION 5.0-ASBESTOS REMOVAL AND DISPOSAL PROCEDURES SECTION 6.0-CLEAN-UP PROCEDURES SECTION 7.0-AIR MONITORING PLAN APPENDICES APPENDIX A- CONTAINMENT DRAWINGS APPENDIX B- LICENSES INVITATION TO BID Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 1.0 - SCOPE OF WORK 1.1 Purpose This Asbestos Abatement Guide or Work Plan gives general methods and work procedures to be used by the City of North Richland Hills selected Asbestos Abatement Contractor for the safe removal of asbestos-containing materials (ACMs). This plan is to be used in coordination with all applicable federal, state, and local regulations as well as the general abatement specifications as found in the Texas Department of State Health Services(TDSHS) Texas Asbestos Health Protection Rules (TAHPR) in Title 25 of the Texas Administrative Code Part 295.31—295.73 (25 TAC 295.31- 295.73), United States Environmental Protection Agency (EPA) Asbestos Hazard Emergency Response Act (AHERA) in Title 40 of the Code of Federal Regulations Part 763 Subpart E (40 CFR 763 Subpart E), EPA National Emission Standard for Hazardous Air Pollutants (NESHAP) in 40 CFR 61 Subpart M, United States Department of Labor Occupational Safety and Health Administration (OSHA)Asbestos in Construction Standard for Class 1, II, III IV Asbestos Work operations in 29 CFR 1926.1101 and the Resilient Floor Covering Institute (RFCI)guidelines. 1.2 Scope This project includes removal of ACMs as identified in this specification or as directed by the Owner's contract documents. These operations shall be in compliance with OSHA Class I and 11, EPA AHERA and TDSHS guidelines. The scope of work is as follows: a. Contractor shall submit pre-work submittals (1 copy) for review, prior to work. The submittals shall contain, but not limited to all licenses, personnel information, performance, labor and payment bonds and TDSHS/EPA Notification. Contractor is directed to fill out and submit the TDSHS Notification for the Owner based on the timetable as set forth by the Owner's schedule. b. Contractor shall supply all the necessary tools, equipment, labor, construction/abatement activity materials, waste transporter/can (enclosed disposal unit) and delivery of the waste to an appropriate waste disposal facility to complete the work as specified by these guidelines and/or by the contract agreement. C. Owner shall supply a source of water and electrical power for the project. The asbestos regulated units(ARUs)shall be paid by the Owner. d. Contractor, as a minimum, shall isolate the work areas in accordance with the appropriate sections of 25 TAC 295.60 and 29 CFR 1926.1101(g) as well as this work plan. A temporary airtight barrier, as required, shall be constructed to separate the work areas from the occupied areas in order to maintain service to these areas of the building. This barrier shall be constructed of polyethylene sheeting and wood framing or equivalent. Penetrations through the barrier shall be sealed with an appropriate sealant. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 e. Contractor shall remove and dispose of the following ACMs as indicated on the reference drawing and as directed by the Owner's representative: • Approximately 4700 square feet of wall and ceiling system (joint compound- texture)throughout. Approximately 200 linear feet of window frame caulking. f. Contractor shall protect all electrical and thermostat components throughout the building. g. Contractor shall construct a three-chamber wet decontamination unit for each work area. The decontamination chamber shall be equipped with a shower capable of delivering hot and cold water. An adequate supply of soap, shampoo and disposable towels shall be maintained for workers at egress. h. All small movable objects shall be removed and stored by others. Large moveable objects left inside each work area shall be covered by a minimum of one layer of 4- mil polyethylene sheeting. i. Replacement will be conducted by others or as directed by the Owner's contract agreement. j. Contractor is to begin work from the start date as noted on the TDSHS Notification or as amended by the Owner's contract. Work schedule is estimated to be a normal 8-hour day. The Contractor may opt to work a 10-12-hour day; however, the Contractor must inform the Consultant 24 hours in advance prior to change in work schedule. The Consultant and the Owner must approve any changes to the work schedule. k. Contractor personnel shall not consume food, alcoholic beverages or smoke on project site premises during any activity. Personnel shall restrict themselves to work hours and park only in designated areas. No admittance to the premises is permitted unless escorted by an Owner's Representative or approved Asbestos Contractor/Supervisor. I. Contractor shall coordinate all work times with the Owner's Individual Asbestos Consultant (IAC) or Project Manager and is directed to submit, adjust and amend the TDSHS Notification for the Owner based on his accessibility. M. Contractor is to submit close out documents within 15 days of completion, to include but not limited to waste manifest, personal testing (PEL/STEL), licenses and project logs. This project shall be conducted in accordance with this work plan as well as 40 CFR 763 Subpart E, 25 TAC 295, 29 CFR 1926.1101, the Texas Commission on Environmental Quality(TCEQ) rules in 30 TAC 330.136, and any other applicable, local, State of Texas and EPA/OSHA/other federal codes, regulations, standards, and requirements. Prior to initiating work, proper written notification shall be submitted to the TDSHS per the requirements in 25 TAC 295.34(f) and 295.61. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 END SECTION 1.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 2.0 - PROTECTIVE CLOTHING AND EQUIPMENT 2.1 Protective Clothing Contractor is to ensure that each authorized person involved in asbestos removal will wear protective disposable coveralls, coated canvas or rubber gloves, head covering and non- skid foot coverings whenever he is within the regulated area. The protective clothing shall be made of a material impervious to asbestos fibers. 2.2 Respirators a. Contractor shall comply with 29 CFR 1926.1101(h) and the OSHA General Industry Respirator Protection Standard in 29 CFR 1910.134 and initiate appropriate respirator program. A powered air-purifying respirator shall be used for Class I asbestos work, where a negative exposure assessment of the work area has not been produced. A minimum of half-mask air purifying respirators with at least P100 dual HEPA (High Efficiency Particulate Air) filters shall be used during work area preparation and removal of nonfriable materials. Additional organic canisters shall be utilized in conjunction with the asbestos filters during mastic removal. b. All respirators shall be approved by the National Institute of Occupational Safety and Health Administration (NIOSH)for use in asbestos-containing atmospheres. C. Each worker must perform positive and negative air pressure fit test each time a respirator is put on or as respirator designs permit. d. No one wearing a beard or other facial hair, which will prevent a proper respirator seal, shall be allowed to wear a respirator or enter the regulated area. END SECTION 2.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 3.0 - EMERGENCY PLANNING 3.1 Emergency Procedures The Contractor will develop emergency planning procedures prior to abatement initiation. This plan shall consist of but not limited to emergency exit plans, notification procedures and fire extinguisher locations. Both the Contractor and the Owner shall agree on these procedures. 3.2 Emergency Telephone Numbers Telephone numbers of all emergency response personnel will be predominately posted. The location of the nearest telephone shall be provided. END SECTION 3.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 4.0 - SITE PREPARATION FOR ASBESTOS REMOVAL 4.1 Worksite Enclosure, if applicable: a. Contractor shall isolate the work area (regulated area) per TDSHS regulation 25 TAC 295.60, EPA regulation 40 CFR 61.145(c)(3)(8), and OSHA Standard 29 CFR 1926.1101. The regulated areas shall be roped off and marked with clearly written warning labels in order to keep unauthorized personnel out of the regulated area. The regulated area shall encompass the whole identified removal area expected to have an airborne asbestos fiber concentration greater than 0.01 fibers per cubic centimeter (f/cc) and/or 70 structures per square millimeter (s/mm2) as a result of the removal activities and not of other non-related activities conducted in the building. b. All movable objects shall be removed from the containment area. Cleaning of contaminated items shall be performed if the items are to be salvaged or reused. Otherwise, they shall be properly disposed of as asbestos waste. All non-movable objects that remain in the containment area shall be covered with a minimum of four-mil plastic sheeting, secured in place. C. Regulated areas within which asbestos abatement is to be conducted shall be separated from adjacent areas by impermeable barriers such as plastic sheeting attached securely in place. All openings between containment areas and adjacent areas, including but not limited to windows, doorways, elevator openings, corridor entrances, ventilation openings, drains, ducts, grills, grates, diffusers, and skylights shall be sealed. All penetrations that could permit air infiltration or air leaks through the barrier shall be sealed, with the exceptions of the make-up air provisions and the means of entry and exit. d. Floor sheeting shall completely cover all floor surfaces and consist of a minimum of two layers of sheeting with at least a dart impact of 270 grams and tear resistance of machine direction (M.D.) 512 grams and transverse direction (T.D.) of 2067 grams or at least six-mil true thickness. Floor sheeting shall extend up sidewalls at least 12 inches and be sized to minimize the number of seams. No seams shall be located at wall-to-floor joints. Sealing of all floor penetrations against water leakage is mandatory. Wall sheeting shall completely cover all wall surfaces and consist of a minimum of two layers of four-mil sheeting. Wall sheeting shall be installed so as to minimize joints and shall extend beyond wall/floor joints at least 12 inches. No seams shall be located at wall-to-wall joints. Where a fire hazard exists, all plastic sheeting will be certified by the Underwriters Laboratory (UL) as being fire retardant. Where feasible, when containment walls which exceed 260 linear feet must be constructed, a viewing window will be included in the wall for each 260 linear feet or fraction of that distance which will permit the viewing of at least 51% of the abatement work area. The window shall be constructed of plexiglass which measures approximately 18 inches by 18 inches. The bottom of the window will be at a reasonable viewing height from the outside floor. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 e. Contractor shall provide enough negative air units to ensure four air exchanges inside the regulated area at all times. Contractor shall supply a sufficient quantity of negative pressure ventilation units equipped with ANSI 29.2-79 Local Exhaust Ventilation Requirement and EPA guideline document EPA 56015-83-002 Guidance for Controlling Friable Asbestos-Containing Materials in Buildings. The documents recommend 0.02 inches of water pressure differential between outside and inside the enclosure. Openings made in the enclosure to accommodate these units shall be air tight. The unit should be placed at the best location so that air is forced to move most optimally across the entire enclosure. f. Splash Guards for Floor Tile Removal Requirements: All splash guards shall extend at least five feet above the floor and shall be 6-mil polyethylene sheeting. The sheeting shall be attached to the wall in a manner that will not damage the paint when removed. 4.2 Decontamination Facility, if applicable: The enclosure shall consist of an enclosed work area and a decontamination area which consists of a change room, shower, and equipment room immediately adjacent to and contiguous with the work area. END SECTION 4.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 5.0 -ASBESTOS REMOVAL AND DISPOSAL PROCEDURES 5.1 Class Work Class I Work means activities involving the removal of TSI and surfacing ACM and presumed asbestos- containing material (PACM). Class I Work is scheduled for this project. • Approximately 4700 square feet of wall and ceiling system (joint compound-texture) throughout. 5.2 Class II Work Class II Work means activities involving the removal of ACM that is not TSI or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, fire doors, construction mastics and window caulking. This scope of work requires the removal of the following: Approximately 4700 square feet of wall and ceiling system (joint compound-texture) throughout . Approximately 200 linear feet of window frame caulking. 5.2.1 The following steps are intended to cover the removal of asbestos-containing Wall and Ceiling systems along with floor mastic. Removal of window frame caulking will be under NESHAPS STANDERD 40 CFR. a. Regulate the work area where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed the PEL. b. Demarcate the work area with signs and barrier tape. c. Access to regulated areas shall be limited to authorized personnel only. d. All persons entering a regulated area are required to wear respirators. The minimum respiratory protection for this scope of work is '/2 mask air purifying respirator with HEPA filters unless fiber concentrations require greater protection. The Contractor is responsible for proper and appropriate respirator selection. e. A Competent Person shall supervise all asbestos work. f. Use only vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM or PACK g. Use wet methods, or wetting agents, to control employee exposure during asbestos handling, mixing, removal, cutting, application, and cleanup, except when there is an electrical hazard or another hazard. h. Critical barriers shall be placed over all openings to the regulated area. i. Shutdown and lockout the HVAC system. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 j. All objects within the regulated area shall be covered with impermeable drop cloths or plastic sheeting that is secured by duct tape or equivalent. k. Prep all walls with two layers of 4-mil. Plastic if applicable. I. Construct decontamination and load-out units. m. Establish negative pressure. n. Conduct pre-abatement visual inspection with the Project Manager. o. Any impermeable objects that are not ACM; must be HEPA vacuumed or wet wiped, then passed through the bag out as non-ACM waste. p. Remove ACM along with amended water. Materials should be removed intact, unless the Contractor demonstrates that intact removal is not possible. q. Promptly cleanup and disposal of wastes and debris contaminated with asbestos in leak-tight containers. Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush) shall be used to dean floors. r. Wet wipe and clean entire work area. s. Conduct final visual inspection with the Project Manager. t. Encapsulate the entire work area. 5.3 Waste Disposal a. Disposal bags will be 6-mil polyethylene bags that are preprinted with labels as required by EPA NESHAPS Standard 40 CFR Part 61, Subpart M. Each will be double-bagged and goose-necked at the top to prevent fiber release. b. The Contractor shall take care to prevent asbestos material for clinging to the outside of the filled bags or containers. The bags shall be HEPA vacuumed or wet wiped prior to leaving the work area. c. The waste transporter will have a TDSHS asbestos transporter license. d. Authorized persons will be protected by disposable clothing and a minimum of half-face respirator while loading asbestos waste. e. The enclosed cargo area of the truck or dumpster will be lined with 6-mil polyethylene sheeting to prevent contamination from leaking containers. f. Waste containers will not be thrown into or out of the truck cargo area or dumpster. g. Asbestos waste shall be disposed of in an approved landfill according to current state requirements. Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 h. A proper manifest shall be required of all off-site asbestos shipments per Texas Regulations 21 TAC 335.10 (per Texas Department of Health, Occupational Health Division) and EPA NESHAPS Standard 40 CFR Part 61, Subpart M. i. A copy of the waste manifest and all abatement documents (logs, PEL monitoring, etc.) shall be sent to Professional Service Industries, Inc. and the owner upon completion of the project. END SECTION 5.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 6.0 - CLEAN-UP PROCEDURES 6.1 Work Area Clean-up The work area and the decontamination area shall be thoroughly cleaned after all work is finished. 6.2 Method of Clean-up The area shall be cleaned with a HEPA vacuum or wet-wiped. 6.3 Clean-up of Polyethylene Sheeting After vacuuming or wet wiping, the inner layer of plastic sheeting that covers the floors, walls, and all non-removable equipment shall be sprayed with an encapsulant and removed. 6.4. Post Clearance Clean-up Contractor shall remove all waste materials and equipment from job site within 24 hours of completion of the project(Final Clearance Notification verbally or written from the Consultant). END SECTION 6.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 SECTION 7.0 - AIR MONITORING PLAN 7.1 General Procedures Monitoring of airborne concentrations of asbestos fibers shall be in accordance with TDSHS regulation 25 TAC 295.58(1), OSHA regulation 29 CFR 1926.1101(0 and Appendices A and S, and EPA-AHERA regulation 40 CFR 763.90 Subpart E, and as specified in this plan. The Contractor shall employ his own Consultant for personal air monitoring and submit the results to the Owner's representative. 7.2 Monitoring Prior to Abatement(Baseline) Area monitoring shall be conducted in the ACM work area prior to abatement operations in order to establish the airborne asbestos fiber concentration in the work area prior to the commencement of removal operations. This result will establish an airborne fiber concentration in the work area during normal environmental conditions. A minimum of three samples shall be collected on 0.8 micron mixed cellulose ester (MCE) filters loaded in conducting cassettes with extension cowls. Sampling and analysis will be in accordance with the latest edition of NIOSH 7400 protocol, counting rules A. The minimum sample volume will be 1,250 liters. These samples may be analyzed or archived at the Consultant's discretion. The samples shall be preserved for no less than 60 days following achieving clearance. 7.3 Monitoring During Abatement Area and personal monitoring shall be conducted to determine airborne asbestos fiber concentrations in and around the working environment. All air samples shall be referenced in the daily log. 7.3.1 Area Sampling Monitoring of the area inside and surrounding the abatement site shall be conducted on a daily basis. A minimum of two (2) general area samples shall be collected inside the regulated area and three (3) outside the regulated area. The outside samples shall be located at the negative air exhaust, in the adjacent space, and at the decontamination unit. If air monitoring outside the abatement area shows air concentrations greater than the permissible exposure limit[PEE- 0.1 f/cc of air as an eight(8) Hour Time Weighted Average (TWA)], the TDSHS-licensed Asbestos Contractor/Supervisor shall be immediately notified. 7.3.2 Personal Sampling Monitoring of workers shall be conducted as required by the OSHA regulation 29 CFR 1926.1101(f) and Appendices A and B. Personal sampling is the responsibility of the Contractor. 7.4 Final Clearance (AHERA 40 CFR 763) All project activities, except operations and maintenance (O&M), shall be cleared by using aggressive air sampling. Aggressive air sampling is the use of an air blower, such as a leaf blower with the force of air unaltered and operating as it comes from the factory, directed at all surfaces in order to cause loose asbestos fibers to become airborne. Final phase contrast microscopy (PCM) Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 sampling shall be conducted after a final inspection by the on-site project manager. A minimum of 1,250 liters to a maximum of 3,850 liters of air shall be collected for final clearance samples. A minimum of five (3) inside samples shall be collected from each containment area greater than 160 square feet. Areas less than 160 square feet shall have at least three samples collected per containment area and analyzed via phase contrast microscopy (PCM). The results of the PCM analysis for each sample shall be below 0.01 f/cc. The results of the TEM analysis for all samples shall average less than 70 s/mmz. The 7"shall not be conducted for any reason during the conduct of this project. Contractor shall reimburse the Owner for all additional monitoring due to failures for clearances($700.00 per clearance set of 5 samples). 7.5 Air Sample Analysis PCM air samples shall be analyzed in accordance with the TDSHS-required "NIOSH 7400 Analytical Method for Asbestos and Other Fibers by PCM" by a Proficiency Analytical Testing/Asbestos Analytical Registry(PAT/AAR)-certified and TDSHS-licensed PCM laboratory. The TEM air samples shall be analyzed in accordance with AHERA 40 CFR 763 Appendix A to Subpart E by a National Voluntary Laboratory Accreditation Program (NVLAP}certified and TDSHS-licensed Asbestos Laboratory. Collecting and analyzing area and clearance samples as well as inspecting the site will be the responsibility of Professional Service Industries, Inc. 4087 Shilling Way, Dallas, Texas 75237 (214) 330-9211. The laboratory results will be available in 24 hours after completion of the sampling and delivery to the laboratory. END SECTION 7.0 Srihari Krishnaprasad IAC#105478 Expires 02/08/2018 APPENDICES APPENDIX A CONTAINMENT DRAWINGS v � G L G G R a G o a c7 iii333 3 G N y � O G F •: aaz .r y- - � W W e. G C G G c � Q a v m m APPENDIX B LICENSES 0 i W Y U •� o A N _ U N C% O co •Y W c c x LLJ W A api � c z q F w o� ¢ LL �".flhy1 !pi� �/ OI icy ° +•��. f/} Nloll Q wW U ) Zs W � z w v o, O tl o x w • W2 cY3 O p z F B U LL M O o i � .w 4 ° ° rn ti W 13 � z z Hy V O U V W I.d V � o •a W C a I-�1 FBI h c Q Con o cn w ti f4 C -� gE" > rn o U A W Z z LL w o W z w � O � "rz ao � N v � h y y � Q7 y Texas Uepartment of State Health Services Asbestos Individual Consultant SRIHARI L KRISHNAPRASAD License No. 105478 Control No. 96968 Expiration Date: 2/812018 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3,5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-166525 Bellphi Environmental, LLC Dallas, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/14/2017 being filed. The City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. RFP 17-011 ACM abatement/removal and/or demolition of the structures. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Bellphi Environmental, LLC Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT to""'rr aneri I swear, or affirm,under penalty of perjury,that the above disclosure is true and correct. Signature of uthorized agent of contracting„„(it iness entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me,by the said Christian Martinez this the 14th day of February 20 17 ,to certify which,witness my hand and seal of office. Z Crystal B. Rodriguez Project Assistant Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 l **J1kH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: RP 2017-03 Public Hearing and consideration of a request from Arcadia Land Partners 16 Ltd. for a Replat of Home Town NRH West, Phase 3, Block D, Lot 5R on 0.118 acres located at 6221 Sherbert Drive. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Arcadia Land Partners 16 Ltd. is requesting approval of a replat of Lot 5R, Block D, Home Town NRH West Phase 3. The purpose of this replat is to change the 10-foot side building line on Morning Cloak Road to a 5-foot side building line. The plat is complete and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The property is located on the east side of Morning Cloak Road between Bridge Street and Caladium Drive. The property fronts on an open space lot and is addressed on Sherbert Drive. The proposed replat would change the 10-foot side building line on Morning Cloak Road to a 5-foot side building line. The building line change would accommodate anticipated construction of a house on the lot and provide a buildable area equivalent to other lots on the block. As required by Section 212.015 of the Texas Local Government Code and Section 110- 219 of the subdivision regulations, this replat is scheduled for a public hearing. Since the property is zoned for single-family residential uses, the public hearing included notification of all property owners within 200 feet of the lot boundary that are within Home Town NRH West Phase 3. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as 'Town Center." This designation relates to the Town Center zoning district, which establishes development standards to promote a sustainable, high quality, mixed-use development. Each subzone provides a gradient of development and use intensity. The components of each subzone — buildings, streets, and public spaces — are scaled to create and sustain an integrated living environment. CURRENT ZONING: The property is currently zoned TC Town Center. k4 ftH NORTH RICHLAND HILLS SURROUNDING ZONING I LAND USE: North: TC Town Center Town Center West: TC Town Center Town Center South: TC Town Center Town Center East: TC Town Center Town Center PLAT STATUS: The property is currently platted as Lot 5, Block D, Home Town NRH West Phase 3. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the February 16, 2017, meeting and voted 5-0 to recommend approval. RECOMMENDATION: Approve RP 2017-03. �a �o`� V c°' i� �� er�q, 9�o S t m ��� pi�immmiumiummi � �IIG rrlr i 1 wrF Y t r � r r r / � r R / r �r f ffff r ewgn/=rvo wie.•cm= uoe/sn=wu�vz =am= �mwgew\eunv\eao:mr\�ae\w a.�.vz g� i1q ae u 4 5�p3@ 2 °BJog rc �ij Al yve gP6 y3e R.� - e�•: e.e 8i5 ..o '.�� a�> 6V$ Emk gsv" _ - III £e @ e = A N I 6 5 - 9 s v put _4 P�'E : an u An ll w wA 36c4 ,e � 6 N - € as E �I P �I� to h a e e I" I„ I� 1= ryll E:� - 2 ..,� - .. TV \\ \ .s ° 1 �.7µ/ /'. ° I 'VpY I I I g° 1 O' I G8 1 I o� 1 - I as< 1 g�� I I `CHL,q o NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS � ... :' PLANNING AND ZONING COMMISSION rEx AND CITY COUNCIL Case Number: RP 2017-03 Applicant: Arcadia Land Partners 16, LTD Location: 6221 Sherbert Drive You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map and also located in the same subdivision as the replat request. Purpose of Public Hearing: A Public Hearing is being held to consider a request from Arcadia Land Partners 16, LTD for a Replat for Lot 5R, Block D, HomeTown NRH West, Phase 3 on 0.118 acres located at 6221 Sherbert Drive. Public Hearinq Schedule: Public Hearing Date: CITY COUNCIL 7:00 PM MONDAY, MARCH 6, 2017 Meeting Locations: CITY COUNCIL CHAMBERS 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department- City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 FIRST LAST ADDRESS CITY STATE POSTAL VICKI BURTON 6217 SHERBERT DR NORTH RICHLAND HILLS TX 76180 GAIL LOWRY 6213 SHERBERT DR NORTH RICHLAND HILLS TX 76180 JOHNNIE&GENE BOREN 6209 SHERBERT DR NORTH RICHLAND HILLS TX 76180 AMANDA&JOHN KANE 6205 SHERBERT DR NORTH RICHLAND HILLS TX 76180 YOJANA&ANIL RUKUMANNA 8009 BRIDGE ST NORTH RICHLAND HILLS TX 76180 JEREMY BECK 8013 BRIDGE ST NORTH RICHLAND HILLS TX 76180 CHARLES CHALTAS 8017 BRIDGE ST NORTH RICHLAND HILLS TX 76180 LORIN&PHILLIP SCOTT 8021 BRIDGE ST NORTH RICHLAND HILLS TX 76180 TARESA&JAMES LUCAS 8005 BRIDGE ST NORTH RICHLAND HILLS TX 76180 CATHY&STEVE COLOMBO 8001 BRIDGE ST NORTH RICHLAND HILLS TX 76180 MICKIE ANN CRAIG 6212 CRESCENT ST NORTH RICHLAND HILLS TX 76180 DIANA&MICHAEL SONLEITNER 6213 MORNING CLOAK RD NORTH RICHLAND HILLS TX 76180 STEVEN DAGES 6217 MORNING CLOAK RD NORTH RICHLAND HILLS TX 76180 KIMBERLY&WILLIAM BELL 6225 SHERBERT DR NORTH RICHLAND HILLS TX 76180 NICOLE&LEE ANDERSON 6229 SHERBERT DR NORTH RICHLAND HILLS TX 76180 CURRENT OWNER 6233 SHERBERT DR NORTH RICHLAND HILLS TX 76180 LOIS&WILLIAM BOWMAN 6237 SHERBERT DR NORTH RICHLAND HILLS TX 76180 MARJORIE FITZPATRICK 8000 CALADIUM DR NORTH RICHLAND HILLS TX 76180 HEATHER CHAPMAN 8004 CALADIUM DR NORTH RICHLAND HILLS TX 76180 SHARYN&WILLIAM MILLIGAN 8008 CALADIUM DR NORTH RICHLAND HILLS TX 76180 DANA DEWS 8012 CALADIUM DR NORTH RICHLAND HILLS TX 76180 JOAN MUELLER 8016 CALADIUM DR NORTH RICHLAND HILLS TX 76180 MARTHA BERRY 8020 CALADIUM DR NORTH RICHLAND HILLS TX 76180 KATHLEEN,MICHAEL,&MATTHEW HANDLER 8024 CALADIUM DR NORTH RICHLAND HILLS TX 76180 REBECCA&JONATHAN DAVIS 8028 CALADIUM DR NORTH RICHLAND HILLS TX 76180 BETTIE SCHNEIDER 8032 CALADIUM DR NORTH RICHLAND HILLS TX 76180 ASHLEY HALVORSON 8036 CALADIUM DR NORTH RICHLAND HILLS TX 76180 KATHRYN ROTTER 8040 CALADIUM DR NORTH RICHLAND HILLS TX 76180 SUSAN OAKLEY 8044 CALADIUM DR NORTH RICHLAND HILLS TX 76180 BRENDA WYNN 8048 CALADIUM DR NORTH RICHLAND HILLS TX 76180 ARCADIA LAND PARTNERS 16 LTD 3500 MAPLE AVE STE 1165 DALLAS TX 75219 EXCERPT FROM THE MINUTES OF THE FEBRUARY 16, 2017 PLANNING AND ZONING COMMISSION MEETING CA. RP 2017-03 CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 16 LTD. FOR A REPLAT OF HOME TOWN NRH WEST, PHASE 3, BLOCK D, LOT 511 ON 0.118 ACRES LOCATED AT 6221 SHERBERT DRIVE. APPROVED Principal Planner Clayton Husband introduced the replat request of the property located at 6221 Sherbert Drive. Applicant representative Katherine Hodge, 3500 Maple Avenue, Dallas, with Arcadia Land Partners, provided details about Item CA., a replat in the HomeTown NRH West, Phase 3. Mr. Husband gave the staff report for RP 2017-03 and stated the plat meets all requirements and will require a public hearing at City Council. A MOTION WAS MADE BY COMMISSIONER COOPER, SECONDED BY COMMISSIONER HAYNES TO APPROVE RP 2017-03. MOTION TO APPROVE CARRIED 5-0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: RP 2017-02 Public Hearing and consideration of a request from Arcadia NRH4 Hometown LLC for a Replat of Hometown Canal District Phase 4, Block C, Lot 55R, on 0.113 acres located at 8741 McDonough Street. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Arcadia NRH4 Hometown LLC is requesting approval of a replat of Lot 55R, Block C, Hometown Canal District Phase 4. The purpose of this replat is to move the three-foot building line from the west lot line to the east lot line. The plat is complete and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The property is located on the north side of McDonough Street between Bridge Street and Morningside Drive. The proposed replat would move the three-foot building line from the west lot line to the east lot line to accommodate anticipated construction of a house on the lot. As required by Section 212.015 of the Texas Local Government Code and Section 110- 219 of the subdivision regulations, this replat is scheduled for a public hearing. Since the property is zoned for single-family residential uses, the public hearing included notification of all property owners within 200 feet of the lot boundary that are within Hometown Canal District Phase 4. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Town Center." This designation relates to the Town Center zoning district, which establishes development standards to promote a sustainable, high quality, mixed-use development. Each subzone provides a gradient of development and use intensity. The components of each subzone — buildings, streets, and public spaces — are scaled to create and sustain an integrated living environment. CURRENT ZONING: The property is currently zoned TC Town Center. SURROUNDING ZONING I LAND USE: North: TC Town Center Town Center West: TC Town Center Town Center NRH South: TC Town Center Town Center East: TC Town Center Town Center PLAT STATUS: The property is currently platted as Lot 55, Block C, Hometown Canal District Phase 4. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the February 16, 2017, meeting and voted 5-0 to recommend approval. RECOMMENDATION: Approve RP 2017-02. S� ��O o�`°�gr �� �� �i ����� 9s�4, ��r �� a�� �� tWNW'E���i i�)C/PfC�wu�5+oi+° ¢wv"�e.ulpn�,yvlmn�au�.x m ry N n qr Sv u e N wm z y n S N UOZy �k� ow 'a I a 5 m�wff -_ . w O <�np €$ n�a W o mG i q44 pd:18u -� _i ue rc sb °z �d e�b ssu 9 E-E S u a cv' e z569P P e °SC sY I I I 1 se %sa 1 do a" VA! I 1 `CHL,q o NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS � ... :' PLANNING AND ZONING COMMISSION rEx AND CITY COUNCIL Case Number: RP 2017-02 Applicant: Arcadia NRH 4 HomeTown, LLC Location: 8741 McDonough Drive You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map and also located in the same subdivision as the replat request. Purpose of Public Hearing: A Public Hearing is being held to consider a request from Arcadia NRH HomeTown, LLC for a Replat for Lot 55R, Block C, HomeTown Canal District, Phase 4 on 0.113 acres located at 8741 McDonough Street. Public Hearinq Schedule: Public Hearing Date: CITY COUNCIL 7:00 PM MONDAY, MARCH 6, 2017 Meeting Locations: CITY COUNCIL CHAMBERS 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department- City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 First Last Address WEEKLEY HOMES, LLC. 6036 MORNINGSIDE DRIVE ARCADIA NRH4 HOMETOWN, LLC 8729 MCDONOUGH ST WEEKLEY HOMES, LLC. 8733 MCDONOUGH ST ARCADIA NRH4 HOMETOWN, LLC 8737 MCDONOUGH ST ARCADIA NRH4 HOMETOWN, LLC 8741 MCDONOUGH ST WEEKLEY HOMES, LLC. 8745 MCDONOUGH ST WEEKLEY HOMES, LLC. 8749 MCDONOUGH ST ARCADIA NRH4 HOMETOWN, LLC 8753 MCDONOUGH ST WEEKLEY HOMES, LLC. 8757 MCDONOUGH ST WEEKLEY HOMES, LLC. 8761 MCDONOUGH ST ARCADIA NRH4 HOMETOWN, LLC 8768 MCDONOUGH ST CB JENI HOMETOWN, LLC 8764 MADRID ST CB JENI HOMETOWN, LLC 8760 MADRID ST CB JENI HOMETOWN, LLC 8756 MADRID ST CB JENI HOMETOWN, LLC 8752 MADRID ST CB JENI HOMETOWN, LLC 8748 MADRID ST CB JENI HOMETOWN, LLC 8744 MADRID ST CB JENI HOMETOWN, LLC 8736 MADRID ST CB JENI HOMETOWN, LLC 8732 MADRID ST CB JENI HOMETOWN, LLC 8728 MADRID ST ARCADIA NRH4 HOMETOWN, LLC 6020 MORNINGSIDE DR SANCHEZ ROBERTO RENE 6024 MORNINGSIDE DR WEEKLEY HOMES, LLC. 6029 MONTEREY MEWS ARCADIA NRH4 HOMETOWN, LLC 6025 MONTEREY MEWS ARCADIA NRH4 HOMETOWN, LLC 6021 MONTEREY MEWS ARCADIA NRH4 HOMETOWN, LLC 8742 MCDONOUGH ST ARCADIA LANE PARTNERS 25, LTD. 8608 HAWK AVE CURRENT OWNER 6032 MORNINGSIDE DR CURRENT OWNER 6028 MORNINGSIDE DR City State Zipcode NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 NORTH RICHLAND HILLS TX 76180 EXCERPT FROM THE MINUTES OF THE FEBRUARY 16, 2017 PLANNING AND ZONING COMMISSION MEETING C.3. RP 2017-02 CONSIDERATION OF A REQUEST FROM ARCADIA NRH 4 HOMETOWN, LLC FOR A REPLAT OF HOMETOWN CANAL DISTRICT, PHASE 4, BLOCK C, LOT 55R ON 0.113 ACRES LOCATED AT 8741 MCDONOUGH SREET. APPROVED Principal Planner Clayton Husband introduced the replat request. Applicant representative Katherine Hodge, 3500 Maple Avenue, Dallas, with Arcadia Land Partners, provided details about Item C.3., a replat in the HomeTown Canal District, Phase 4. Principal Planner Husband provided details regarding the replat request and stated the plat will require a public hearing at City Council. A MOTION WAS MADE BY COMMISSIONER HAYNES, SECONDED BY COMMISSIONER TYNER TO APPROVE RP 2017-02. MOTION TO APPROVE CARRIED 5-0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: SUP 2017-01, Ordinance No. 3450, Public Hearing and consideration of a request from Arcadia Land Partners 25, LTD for a Special Use Permit for a retention pond located in the HomeTown Canal District, Phase 5A, near the intersection of Bridge Street and Ice House Drive. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: Arcadia Land Partners is requesting a Special Use Permit for retention pond associated with the final plat of HomeTown Canal District Phase 5A. The property is located east of the lakes on the south side of Ice House Drive and west of Bridge Street. GENERAL DESCRIPTION: The applicant is requesting approval of a Special Use Permit to authorize the use of a retention pond on the site. Section 118-729 of the Zoning chapter and Section 102-124 of the Floods and Stormwater Management chapter of the Code of Ordinances establish the requirements and standards for the Special Use Permit. The use of all detention or retention ponds requires approval of a Special Use Permit. Retention Pond City codes allow for retention ponds if the proposed development is discharging stormwater into a developed downstream system that does not have the capacity to handle the runoff. During the evaluation of the site and the existing conditions of the area, the applicant concluded that a retention pond would be necessary to accommodate development of the site. In addition to its function as drainage infrastructure, the retention pond would create a water feature in the Canal District. The primary pond would be located in the northeast area of the development, which would drain to the lakes through a canal with a system of weirs designed to generate a cascading water flow. The primary pond is designed to have an average water depth of 7-8 feet, and the canal a water depth of 2 feet. The water depth and flow would be regulated by a water pump recirculating system that connects to the lakes. ?gIkH NORTH KICHL,AND HILLS The canal portion of the system is located between two rows of lots on Montreal Mews and Morris Mews. Essentially, the lots front on the canal. A pedestrian bridge would cross the canal near the middle of block. The bridge connects to a series of open space lots that link two small parks in the Canal District phases. Landscaping Zoning standards require that all retention ponds be landscaped. A conceptual landscape plan was provided by the applicant. A formal landscape plan for the open space and canal area must be reviewed and approved by the Development Review Committee (DRC) before final acceptance of the public infrastructure in Phase 5A. Concern was raised with the applicant regarding the proliferation of Typha (cattail plants) in the existing HomeTown lakes and whether the same issue would be experienced along the canal. As part of the Watercourse Maintenance and Developer Agreement, the developer and/or HOA would be responsible for removing any wetland plants that inhibit proper flow and circulation of the pond and canal sections. Maintenance The property owner is responsible for the maintenance of the pond and all associated landscaping. A formal maintenance agreement will be executed as part of the approval of the special use permit. Generally, the agreement will require the owner to mow and maintain all grass and landscaping, remove trash and debris once a week, remove silt from the basin or outlet structures as necessary, and repair any decorative fencing. The agreement runs with the property and applies to any future owner or user. Special Use Permit The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. The ordinance also includes specific criteria for detention and retention ponds, for which slight deviations are recommended due to the functional nature and location of the pond on the site. At the time of publication of this report, staff had not yet received finalized engineering plans for the retention pond and canal system. Staff will review those plans prior to City Council taking action. The following are the proposed conditions of approval for this SUP application. 1. Permitted use. A special use permit is authorized for a retention pond. 2. Engineering approval. Construction of the retention pond is subject to final approval of the engineering plans, including safety measures, by the Development Review Committee and City Engineer. 3. Landscaping. The retention pond must be landscaped in accordance with Chapter 114 — Vegetation of the Code of Ordinances and the Town Center zoning district. The landscape plan is subject to final approval by the Development Review Committee and Town Center Architect. MRH 4. Retention pond criteria. The following design criteria apply to the retention pond: a) Pond outlet structures shall be located at least 50 feet from a property line. b) Retention basin side slopes shall be 4H:1 V below normal pool depth and 5H:1V above. c) The minimum depth of the retention basin shall be four feet from the normal pool elevation to the bottom between the toe of slopes. The maximum depth of a retention basin shall be no greater than ten feet. 5. Maintenance agreement. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the subdivision plat for the property. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as 'Town Center." This designation relates to the Town Center zoning district, which establishes development standards to promote a sustainable, high quality, mixed-use development. Each subzone provides a gradient of development and use intensity. The components of each subzone — buildings, streets, and public spaces — are scaled to create and sustain an integrated living environment. CURRENT ZONING: The property is currently zoned TC Town Center. PROPOSED ZONING: The applicant is requesting a special use permit for a retention pond in the HomeTown Canal District. SURROUNDING ZONING I LAND USE: North: TC Town Center Town Center West: TC Town Center Town Center South: TC Town Center Town Center East: TC Town Center Town Center PLAT STATUS: The property is currently unplatted. A final plat of HomeTown Canal District Phase 5A is scheduled for the March 6, 2017, City Council meeting agenda. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission is scheduled to consider this item at the March 2, 2017, meeting. If the Commission issues a recommendation to City Council, staff will brief City Council of their recommendation at the March 6, 2017, meeting. RECOMMENDATION: Approve Ordinance No. 3450. NNORTH RICHLANn HILLS Ice House Dr U) m CO ak 00 S G X r rr p'rr l o f r an'm r r r _ I� wmly64nrrwra p nY I' CN 1 0- y LLJ � N a ��, /�// ✓//� r/� v r/ / ltJ/ � �� ,G//���� ��Ill ��ii�r��wl4�� , I/lj I. %%�/���///// %i ��� ✓,r! / � ,r i viii r%/// LO uj IL r�G � iii,, Z Q Lij ui w u ' Z n, f - ` V / ////�/ _ I �/ 1 IF %l�/�//� C /' a, r1( / / „ // �� // � ri// /�� Q I /� ���)✓/ � ��/O p!rl��/ ���r it n� � / ! / / JIM .......... 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IF / us?i Jl rvmw3 w M1 I j „ m ! � ..µ .. ,l ..... /. 28yg } M1W U{H9 Y1 flv VIII ; Y � ra A B ry A I e U � K~ m m m m m m m mmm� �m� m w ^m°o~°~ February I4. Z817 Katherine Hodge Arcadia Realty 35O8 Maple fwe, Suite 1165 Dallas, TX75Z19 Re: Hometown Phase 5' North Richland Hills Katherine, Our firm is pleased to have. tile opportunity to serve you in the next phase Of YUU( development with the installation of a water recirculation systern. This system is designed to pull water frorn tile existing city pond and generatL %" Plus Of Water over each of the three proposed 20' wide weirs within your new pond/canal system. Over 500 gallons per minute of water at a rate of 05 cubic feet per second for every 1' of weir will be generated with this system. A substantial amount of water will be moved daily throughout the recirculation system which will serve as both a pond skimmer and as an aesthetic foral point for the development. Please let me know if you have any questions or if I can be of further assistance in the design process. Sincerely, / Casey Morris Account Manager ORDINANCE NO. 3450 CASE SUP 2017-01 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A RETENTION POND IN HOME TOWN CANAL DISTRICT PHASE 5A; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for detention and retention ponds; and WHEREAS, the owner of the property located in the Home Town Canal District (the "Property") has filed an application for a Special Use Permit to allow a retention pond in Phase 5A; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on March 2, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on March 6, 2017, with respect to the Special Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and Ordinance No. 3450 SUP 2017-01 Page 1 of 4 WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a detention pond in the Home Town Canal District Phase 5A, located in the 8800 block of Bridge Street. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the site plan as shown in Exhibit "A" and subject to the following standards: 1. Permitted use. A special use permit is authorized for a retention pond. 2. Engineering approval. Construction of the retention pond is subject to final approval of the engineering plans, including safety measures, by the Development Review Committee and City Engineer. 3. Landscaping. The retention pond must be landscaped in accordance with Chapter 114 — Vegetation of the Code of Ordinances and the Town Center zoning district. The landscape plan is subject to final approval by the Development Review Committee and Town Center Architect. 4. Retention pond criteria. The following design criteria apply to the retention pond: a) Pond outlet structures shall be located at least 50 feet from a property line. b) Retention basin side slopes shall be 4H:1V below normal pool depth and 5H:1 V above. c) The minimum depth of the retention basin shall be four feet from the normal pool elevation to the bottom between the toe Ordinance No. 3450 SUP 2017-01 Page 2 of 4 of slopes. The maximum depth of a retention basin shall be no greater than ten feet. 5. Maintenance agreement. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the subdivision plat for the property. Section 3: That the official map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: 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 section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances Ordinance No. 3450 SUP 2017-01 Page 3 of 4 governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED on this 6th day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia Farmer, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Manager Ordinance No. 3450 SUP 2017-01 Page 4 of 4 l **J1kH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: TR 2017-03, Ordinance No. 3451, Public Hearing to consider amendments to Section 118-472 of the North Richland Hills Zoning Ordinance regarding townhomes in Tracts 3A and 3B of the Town Center zoning district. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: A revision is proposed to the Zoning Ordinance related to Section 118-472 Town Center Density Restrictions. The revisions would reduce the maximum number of townhomes that would be allowed in Tracts 3A and 313 of the Town Center zoning district. GENERAL DESCRIPTION: In 2014, an amendment to Section 118-472 reduced the maximum number of townhomes allowed in Tracts 3A and 313 of the Town Center zoning district from 120 to 94 townhomes. This corresponds to a 25-acre tract in the �l Hometown development. This revision was the result of new development changes that allowed for more single-family cottage lots in the Canal District east of the lakes. x The proposed amendment would further reduce the maximum number of townhomes allowed from 94 to 73 townhomes. This is based on City Council's approval of a special use permit for 22 single-family cottage lots in Hometown Canal District Phase 5A on February 13, 2017. A letter from Arcadia Land Partners acknowledging this revision is attached. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission is scheduled to consider this item at the March 2, 2017, meeting. If the Commission issues a recommendation to City Council, staff will brief City Council of their recommendation at the March 6, 2017, meeting. RECOMMENDATION: Approve Ordinance No. 3451. A R C A D IA October 17`t', 2016 Mr. Clayton Comstock Planning Manager City of North Richland Hills 4301 City Point Drive North Richland Hills, TX 76180 RE: HomeTown Phase 5: Casita SUP Dear Clayton: I am writing to confirm Arcadia's agreement to reduce the maximum number of Town Homes allowed under our zoning on Tracts 3A & 3B from 94 to 73 units. This will reflect our conversion of attached Town Home lots to 22 detached Casita lots in Phase 5 of HomeTown. Thank you for your Assistance, r .. / f Katherine L. Hodge Project Manager i'rOC) Maple Avenue � Suile I I 6S w DaHas lexa, /',) 14 PHONE: 97) 774.9110 FAX: 972 I/4-9111 __ ORDINANCE NO. 3451 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTION 118-472 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO TOWNHOMES IN TRACTS 3A AND 3B OF THE TOWN CENTER ZONING DISTRICT; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, on February 13, 2017, the City Council approved Ordinance No. 3446, which authorized a special use permit for twenty-two single-family cottage lots less than 40 feet wide in the Home Town Canal District; and, WHEREAS, as part of the special use permit approval, Arcadia, the developer of Home Town Canal District, agreed to reduce the maximum number of townhomes allowed on Tracts 3A and 313 from 94 units to 73 units; and, WHEREAS, the Planning and Zoning Commission, after conducting a public hearing, has made its recommendation for the following amendment to the zoning ordinance; and, WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City's zoning ordinance as set forth herein; and, WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by modifying Section 118-472 Town Center Density Restrictions of Chapter 118 of the North Richland Hills Code of Ordinances to read in part as follows: Ordinance No. 3451 Page 1 of 3 Tract 3a & 3b — (25 acres) Maximum of 73 townhomes allowed, no apartment units allowed, single family detached required fronting the Lakes, no limit on single family detached homes. Section 2: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. 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 section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 4: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 5: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 6: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 7: This ordinance shall be in full force and effect immediately after publication as required by Section 6 hereof. Ordinance No. 3451 Page 2 of 3 AND IT IS SO ORDAINED. Passed on this 6th day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Maleshia Farmer, City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance No. 3451 Page 3 of 3 l **J1kH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: FP 2017-01 Consideration of a request from Arcadia Land Partners for a Final Plat of Hometown Canal District Phase 5A on 12.924 acres located south of Ice House Drive and west of Bridge Street and associated Phase 5 Limited Development Agreement. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: Arcadia Land Partners is requesting approval of a Final Plat of Hometown Canal District Phase 5A. This 12.924-acre subdivision is located south of Ice House Drive and west of Bridge Street. The proposed final plat is consistent with the preliminary plat. It also meets the requirements of the zoning ordinance and subdivision regulations and the proposed Special Use Permit for 22 cottage-size lots, which was approved by City Council on February 13, 2017. GENERAL DESCRIPTION: The final plat for Hometown Canal District Phase 5A includes 88 residential lots: 27 single-family residential lots, 22 single-family cottage lots, and 39 townhome lots. Townhome lots are proposed to line Ice House Drive on the north end of the development while larger single family lots line The Lakes and the proposed canal feature. Six townhome lots are also included in the triangular piece of land west of NYTEX Sports Centre and south of The Enclave apartments. One of the seven proposed open space lots for this phase is a 2.43-acre drainage feature designed like a canal, inspired by the one pictured at right in Celebration, Florida. This canal open space lot will be at the front door to 23 of the 88 home sites and will have a consistent pool of water, recharged and cycled through pumps and off- site drainage. A pedestrian bridge will connect the two sides of the development. Since the canal will function as a detention pond, a special use permit for the canal is required. The Special Use Permit application is an associated item on the March 6, 2017, City Council agenda. If developed as proposed, this phase and the current phase under construction will total 164 residential units on 23.82 acres (6.88 du/acre) between Bridge Street and The Enclave apartments. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as 'Town Center." This designation relates to the Town Center zoning district, which establishes P41tH NORTH RICHLAND HILLS development standards to promote a sustainable, high quality, mixed-use development. Each subzone provides a gradient of development and use intensity. The components of each subzone — buildings, streets, and public spaces — are scaled to create and sustain an integrated living environment. CURRENT ZONING: The property is currently zoned TC Town Center. A Special Use Permit request for single-family cottage lots was approved by City Council on February 13, 2017. SURROUNDING ZONING I LAND USE: North: TC Town Center Town Center West: TC Town Center Town Center South: TC Town Center Town Center East: TC Town Center Town Center PLAT STATUS: The property is currently unplatted. A Preliminary Plat for this development was approved by the Planning and Zoning Commission on January 19, 2017. ROUGH PROPORTIONALITY DETERMINATION: The developer will 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. PHASE 5 LIMITED DEVELOPMENT AGREEMENT: A development agreement is also proposed as part of the Final Plat. The agreement outlines the responsibilities of the Developer, HOA and City regarding the design, installation and maintenance of a pedestrian bridge connecting Walker Creek Trail along Ice House Drive to the west side of the Lakes near the end of Riverdale Drive. The agreement also reaffirms the developer's prior commitment to fund half of a signalized intersection at Ice House Drive and Mid-Cities Blvd when warranted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the February 16, 2017, meeting and voted 5-0 to recommend approval. RECOMMENDATION: Approve FP 2017-01 and associated Phase 5 Limited Development Agreement. Ice House Dr W Q ca CD on r 00 G r °� I � 1 ' i R►verdale p ' � '�,6 ,� l�/�, ,� ` � t, �„ � F;, r� e � I ce ;House Dr j Phase 5B �W 3 4 r h r phwWUww III wlll� uNIIIN' 5 rr, i . 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Ed a 44E 99tl4 z E �� g� ° E°aJ d a M �_ < s3 m �$sz p a - - -f_S iii' G _ _ '§% All, N < g n.g° v8 F,- 5 gae p° � sYVa yea e a " as& AN li WI -PM v a 9 '..a F ss.. bey - °eS :e _� - •e s° -"a 3eP®x vp S: C ed - ° _-- _ - VE cg QE Da mm SAY I Qe8 E na Man[ vO- [ °e°erE PeP° .,Pao mF P°E ° ab it, a_ _ ° °� Sin°°5 v-_ 'a 'no -.e. _e.". 6si :p66 E i:E § 4�5 v E6 a - 6.. °°E Ee¢ .Sve F °F= v5vd _ o.d 6v6° 96v§ °d _a. `vzN = -e. .B _ Y so e=.Q e.. _n E_E° zv° 0 ._ P" d:8i 55' :.[o v.m 3:F B�PE :°x -E° _ mi.. 63£° 8&e ^a:6a 3oFp Ede¢ F'o "bo :5a i 1Wa=e P - t=` s"4 x a S is E61 ° a a- g a. s @ F 9 - - s 8 8 - s e Es e sea °sa.° RaE vyp;€a s°a .a . q ! °e d b aye °s It :11 six- ^,vZ xe� sg°a ' ,.k6s°a,'amo@Fm'm-s ?zap= €a �s &� I &6 aF °ee a p . ° s._v =p a"PS P'=a�a PE S.:=:a "�°�° ° � s e _ _ _ - _p°_gz= ELM •a ma3e es3a°a s';_ s _,- _ - SESSION _ %Ce.°.aE°8p.°-] _Y_ES °_-°.e°°Bi'ee$_4ee'.=: s e a b_nF e: .e: e � MEN 6. 6�H� •o s`vk Si E!'SFE SrN °[EE-"=v s s& ffi H° 6 @ �$_ sgs"�T _s'°°a se sa 5v5a viz> °:mgr".°J9 a°d 4°88 > a1.,,80 y g 3__H stP3 5: �`.� v °° _ Pm a.E e.R e35m eP e.mE °080 _ _-°°Pz�^-:8�^°n°= " u -a° o °o: wNye 8P°8889p 5°$ EXCERPT FROM THE MINUTES OF THE FEBRUARY 16, 2017 PLANNING AND ZONING COMMISSION MEETING C.1. FP 2017-01 CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25, LTD FOR A FINAL PLAT OF HOMETOWN CANAL DISTRICT, PHASE 5A ON 12.924 ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF ICE HOUSE DRIVE AND BRIDGE STREET. APPROVED Planning Manager Clayton Comstock introduced Items CA and C.2 representing two final plat requests for the HomeTown Canal District. Applicant representative Katherine Hodge, 3500 Maple Avenue, Dallas, with Arcadia Land Partners, provided details of both final plat requests for Phases 5A and 513. Mr. Comstock presented the staff reports for both final plats. Commissioner Randall Shiflet asked if Mangham Street on this plat was the only instance of that street name in the city. Mr. Comstock stated there were no existing streets with that name. Commissioner Shiflet expressed his approval of using the name and how it is appropriate to for the history of the area. Commissioner Jerry Tyner asked if Mandalay Street in Phase 5B would have access onto Hawk Avenue. Mr. Comstock answered that it would have access. There was a discussion about vehicle queueing that takes place before and after school at Walker Creek Elementary and how that situation will affect Mandalay Street. A MOTION WAS MADE BY COMMISSIONER HAYNES, SECONDED BY COMMISSIONER TYNER TO APPROVE FP 2017-01. MOTION TO APPROVE CARRIED 5-0. C.2. FP 2017-02 CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25, LTD FOR A FINAL PLAT OF HOMETOWN CANAL DISTRICT, PHASE 5B ON 3.984 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF ICE HOUSE DRIVE AND BRIDGE STREET. APPROVED Item C.2. was presented in conjunction with Item C.1. A MOTION WAS MADE BY COMMISSIONER HAYNES, SECONDED BY COMMISSIONER COOPER TO APPROVE FP 2017-02. MOTION TO APPROVE CARRIED 5-0. HOMETOWN NORTH RICHLAND HILLS PHASE 5 LIMITED DEVELOPMENT AGREEMENT THIS PHASE 5 LIMITED DEVELOPMENT AGREEMENT (the "Agreement") is made by and between THE CITY OF NORTH RICHLAND HILLS, TEXAS (the "Citv"), HOMETOWN 5 DEVELOPMENT CORP., a Texas corporation (the "Developer"), and HOME TOWN EAST NRH OWNERS' ASSOCIATION, INC., a Texas nonprofit corporation (the "HOA"). RECITALS: A. The Developer (and its related and affiliated entities) is developing certain parcels of real property located within the City, Tarrant County, Texas, as a mixed use residential and commercial development to be known as AHome Town North Richland Hills" (the "Subdivision"). B. The Developer is ready to commence development of Phase 5 of the Subdivision ("Phase 5") on the parcels of real property located within the City and as described on Exhibit A attached hereto and made a part hereof by reference. The HOA, or its successors or assigns, is the entity that shall own, manage, operate and maintain the common areas in Phase 5 of the Subdivision. C. Part of the infrastructure contemplated for Phase 5 includes construction of a pedestrian bridge (including related abutments) (collectively, the `Bridge") across HomeTown Lake located on property owned by the City in the approximate location as depicted on Exhibit B attached hereto and made a part hereof by reference. D. The parties wish to reaffirm the commitment to studying the need for a signalized intersection at Ice House Drive and Mid-Cities Boulevard, as previously agreed to on July 18, 2011 by the Amendment to Home Town North Richland Hills Comprehensive Development Agreement. E. The parties hereto desire to document their various understandings and agreements concerning various aspects of construction and operation of such improvements related to the Subdivision on the terms hereinafter set forth. NOW, THEREFORE, for and in consideration of the recitals set forth above, and for $10.00 and other good and valuable consideration paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged by all parties, the parties hereby agree as follows: 1. Signalized Intersection at Ice House Drive and Mid-Cities Boulevard. In the event that a warrant study for the intersection of Mid-Cities Boulevard and Ice House Drive determines that a traffic signal is warranted, Developer agrees to pay 50% of the design and construction of such signal regardless of the total cost remaining after other funding collected for this signal is considered. This agreement affirms the Amendment to Home Town North Richland Hills Comprehensive Development Agreement of July 18, 2011. Phase 5 Limited Development Agreement-Page 1 02156.188 2. Desien and Construction of the Bridge. The Developer shall be responsible, at no cost or expense to the City, for preparation of all plans and designs for the Bridge to be constructed by the Developer. The Bridge shall be approximately 95 feet long and 10 feet wide, and the design of such Bridge shall be at the discretion of the Developer, but shall be generally harmonious with other architectural features of the Subdivision. The pedestrian surface of the Bridge shall be concrete or another material acceptable to the City. The design of the bridge shall include the trail approaches and connections. The City shall have the right to review and approve such designs and plans for such Bridge, such approval not to be unreasonably withheld or delayed. As development of Phase 5 of the Subdivision is commenced by or on behalf of the Developer, the Developer or its Affiliates shall coordinate the timing of the construction of the Bridge, with the understanding that the construction of the Bridge shall be substantially completed by the Developer on or before the date that the City has issued certificates of occupancy for no more than 50%of the single-family lots contained in Phase 5 of the Subdivision (the"Required Completion Date"). The Developer shall complete construction of the Bridge, at its sole cost and expense, in substantial accordance with the plans approved by the City for such structure, and in accordance with all building ordinances and regulations of the City. The Developer shall only be required to complete construction of the Bridge (including related abutments), and Developer shall have no obligation to construct or pay for any facilities that may interconnect with the Bridge, such as hiking, biking or pedestrian trails, or any furniture, landscaping or other equipment related to such facilities. The City shall grant to the Developer such easements, access agreements or other licenses as may be required for construction of the Bridge by the Developer (or its contractors) on property owned by the City. if the Bridge has not been completed by the Developer in accordance with such requirements by the Required Completion Date, the City may withhold issuance of further certificates of occupancy for homes constructed in Phase 5 of the Subdivision until such time as the Bridge has been completed in accordance with such requirements. Upon completion of the Bridge, the Developer shall dedicate such improvements to the City in such form as may be reasonably requested by the City, and City shall accept the Bridge for public use and shall accept all requirements for future maintenance thereof. 3. Development Fees and Charges. The City acknowledges that the construction of the Bridge by the Developer and the dedication of such Bridge to the City has substantial benefits to the City and the residents thereof. Accordingly, the City shall waive all permit costs and infrastructure inspection fees that would otherwise be applicable to the construction of the Bridge by the Developer. 4. Construction by City of Connecting Trail System. Within 90 days following completion of the Bridge by the Developer and acceptance thereof by the City, the City shall commence construction of the pedestrian trail connections and approaches on both sides of the Bridge, which will interconnect with the City's existing network of hiking and recreation trails. The cost of such interconnecting trails, including all landscaping thereof or equipment related thereto, shall be borne by the City, and the Developer shall have no obligation to pay any construction, landscaping or equipment costs related to such pedestrian trails. 5. Special Provisions ReQardine Lake Water Use by Developer and HOA. In consideration of the construction of the Bridge by the Developer, the City shall also permit the Developer and/or the HOA to pump and utilize untreated water from HomeTown Lake for the recirculation system to be constructed by the Developer for other ponds and canals located in Phase Phase 5 Limited Development Agreement-Page 2 02156.188 5 of the Subdivision, at no charge by the City to the Developer or the HOA for such untreated water. The size of any pumps, valves and piping for the water system that shall be designed by Developer to service such recirculation system shall be in accordance with an approved pond design submitted by the Developer, subject in all events to compliance with published and adopted City standards. The water recirculation system constructed by the Developer for Phase 5 of the Subdivision shall meet existing industry standards and specifications for such systems and approved by the City. The HOA shall bear all maintenance and repair costs for such recirculation system. The City shall grant to the HOA, at no cost by the HOA, all easements, licenses,permits or approvals that may be required for the HOA to take such untreated water from HomeTown Lake for the purposes set forth herein. 6. Capacitv and Oualifrcations of Developer and HOA. The City, the Developer and the HOA acknowledge and agree that this Agreement does not constitute the creation of a partnership,joint venture, or principal and agent relationship between them, but evidences merely a contractual relationship between the City,the HOA and the Developer. The Developer represents to the City that(a) the Developer possesses the requisite skill and expertise to develop the Bridge and other infrastructure improvements specified in accordance with this Agreement, and (b) the Developer has all requisite licenses required by law to carry out its duties hereunder. The Developer shall perform its duties hereunder in a good and workmanl ike manner and in accordance with the prevailing standards of professional care applicable to its industry. The Developer shall fully comply with all applicable laws and regulations having to do with worker's compensation, social security, unemployment insurance, hours of labor, wages, working conditions, and other employer-employee related subjects. The HOA represents to the City that the HOA shall carry out its duties hereunder in a good and workmanlike manner and in accordance with all applicable laws and ordinances. 7. Record Documents. Upon completion of the Bridge, if requested by the City, the Developer shall cause to be provided to the City at least two blue line copies and one electronic media copy (AutoCad, Release 14) of the record documents for such improvements. 8. Indemnitv. The Developer agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is soughtthat may arise out of or be occasioned by the Developer's intentional or negligent breach of any of the terms or provisions of this Agreement, or by any other negligent act or omission of the Developer, its officers, agents, associates, employees, contractors or consultants, in the performance of this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Developer and the City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Phase 5 Limited Development Agreement-Page 3 02156.188 9. Applicabilitv of City Ordinances. Except as may be otherwise specifically provided herein or in any other agreements between the parties, the Developer and the HOA acknowledge that the Subdivision shall be subject to all ordinances of the City in effect from time to time. 10. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 11. Remedies. In the event that any party hereto fails to comply with the terms and conditions of this Agreement, the other party hereto shall have the right to enforce the terms of this Agreement by specific performance, or by any other remedies available to such party at law or in equity, with the understanding, however, that nothing contained herein shall authorize the Developer to obtain a judgement lien on any property owned by the City. 12. Entire Agreement. This Agreement contains the entire agreement between the parties covering the subject matter set forth herein. No modifications or amendments of this Agreement shall be valid unless in writing and signed by the parties against whom such enforcement is sought. 11 No Assignments by Developer and HOA. The Developer may not assign its rights or delegate its duties under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed;provided,however, and no consent shall be required to an assignment to any affiliate of the Developer or for any collateral assignment by the Developer of its rights under this Agreement to any financial institution providing development financing for Phase 5 of the Subdivision. The HOA may not assign its rights or delegate its duties under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, no consent shall be required to an assignment by the HOA to any successor entity that shall assume all duties and obligations for maintenance of the common areas in Phase 5 of the Subdivision. 14. Successors and Assigns. if required, the City shall adopt an ordinance approving this Agreement and authorizing the execution of this Agreement by the Mayor or other appropriate representative of the City. Upon full execution of this Agreement by all parties hereto, this Agreement shall become a binding obligation of the parties and this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, and their respective successors and permitted assigns. 15. Memorandum of Agreement. The parties shall not record this Agreement, but shall, at the request of either party, execute, acknowledge and record a memorandum of this Agreement in the Real Property Records of Tarrant County, Texas, in order to place third parties on notice of the existence of this Agreement with respect to the construction requirements for the Bridge in Phase 5 of the Subdivision. If any such memorandum of this Agreement is recorded, upon completion of the Bridge by the Developer and acceptance thereof by the City, the parties shall execute and record a release of such memorandum in the Real Property Records of Tarrant County, Texas, in form reasonably acceptable to both parties. Phase 5 Limited Development Agreement-Page 4 02156.188 16. No Third Partv Beneficiaries. The provisions of this Agreement are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 17. Notices. All notices given hereunder shall be made in writing and given to the addressee at the address specified on the signature pages hereof. Notices may be given by certified mail, return receipt requested,by hand delivery,or by facsimile or email transfer and shall be effective upon receipt at the address of the addressee. 18. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by reference for all purposes: Exhibit A Map or Legal Description of Phase 5 Exhibit B Depiction of Location of Bridge [Signature page follows.] Phase 5 Limited Development Agreement-Page 5 02156.188 EXECUTED by the parties hereto as of the day of 2017. CITY: Address for Notices: CITY OF NORTH RICHLAND HILLS, TEXAS By: Title: DEVELOPER: Address for Notices: HOMETOWN 5 DEVELOPMENT CORP. 3500 Maple Avenue, Suite 1165 Dallas, Texas 75219 By: Title: HOA• Address for Notices: HOME TOWN EAST NRH OWNERS' 3500 Maple Avenue, Suite 1165 ASSOCIATION, INC. Dallas, Texas 75219 By: Title: Phase 5 Limited Development Agreement-Page 6 02156.188 Exhibit A LEGAL DESCRIPTION OR MAP OF PHASE 5 Phase 5 Limited Development Agreement-Page 7 02156.188 ' 6M 5m flit, if j W 40 b 7xv, S1. Phase 5 Limited Development Agreement-Page 8 02156.188 1fgi# +cflfl llc � ¢ 1f1 lfKj 41 11 .i1 Fe1sKi�'qra' # € S �"� �e i eit# it1'1ar as ltiiitiiiait11 :}i+ ri t 1 e 1 t 1° lit# ' iF r%i R"r 1i1 + l 1 yg ' # ' Ca S ..� #, 1 G „«1 l.1 E r x 11 Tai i a s-i°# 1 [Its i 6. k� i #`RgixU1. fit9it�tt'Ratfi�lt flt i(9i tRi is u ; i'Ej It gE{k;`,iek I6i, 1Fe,1 i11#dl kx�Ill(et#pi# `CR�1 #kesEy�EfziRrt " .&# aiEnst gyp# i'e1 fr�1 W&i 11 p fFK fez ft fjif fIs f9cfa 1fi$.t'1 gA% yflw 8i "x" fbf {xt 9#d ;Y g i4t t;1i fr, fr It frtr fr fr. fr 1 ; lr #rs #e.. ar Mfr l°, ' 1ft 4a # } l -lit 11 fl l'1f '11 f11i11i` 111f 111 l�1 ltt 131r i:t19 x#m ati a i # #1 # r t1a a t 1 ' l 'rat 1 #_ #r w, 1 11 xa r 1xa I, fit i ii 1 t i# i i#a lie a#r xt a a°#e i 4r r r rf tar .,aqt r I sar c ° a x c� # s l Bx r r a If lit a.. RR aa' a#t t� rc x 1 c iar 1,r 1if ei 11 ® aie s s*H.iii 11 41 i t 11111 pf tjli :`1 s Sgt tttl 1 # /Fi f� f 1 s l[ tr i f � ig t a 1 u a � i11� 1 '1 1 „ Iia<4s ce r4#aR at zw���eiki � � l#f1i � alai alla dac Ea Yi g,pz ayl �i1 r k3p AI � � � 44146 IItI x40. t# ii 111 11 111111 111 ° Phase 5 Limited Development Agreement-Page 9 02156.188 Oa' E W 1k �f MWY MI uuvi�, r a k rt e c m Wpp ' it Y p All V It � IOW wi! � it T Y aY v„rt 11 'It b Y ry rt \ W rt Phase 5 Limited Development Agreement-Page 10 02156.188 Vf II cwt G Kid 11 r$ fig !g $B Fi 1B tit. 14 R I J4 .1 i ruf ptt ti Fr s" gt H Off P. e i a Ep�i � P 6i F I rgr gg�p�p�}is Irry 4r B 41�i 1!ppe 1ti $ y lit irV i tl g 9 0 N m !fly lid a i; 4 KKr`" 1j Phase 5 Limited Development Agreement-Page 11 02156.188 Exhibit B DEPICTION OF LOCATION OF BRIDGE Phase 5 Limited Development Agreement-Page 12 02156.188 l **J1kH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: FP 2017-02 Consideration of a request from Arcadia Land Partners 25, LTD for a Final Plat of Hometown Canal District, Phase 5B on 3.984 acres located southeast of the intersection of Ice House Drive and Bridge Street. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: Arcadia Land Partners 25 LTD is requesting approval of a Final Plat of Hometown Canal District Phase 5B. This 3.984-acre subdivision is located on the south side of Ice House Drive between Bridge Street and Hawk Avenue. The proposed final plat is consistent with the preliminary plat meets the requirements of the Town Center Zoning District and all other zoning and subdivision ordinance regulations. GENERAL DESCRIPTION: The final plat for Hometown Canal District Phase 5B includes 35 lots on 3.98 acres (8.79 du/acre). There are 12 single-family residential lots and 23 single-family townhome lots proposed. A new street would add another connection between Hawk Avenue and Bridge Street, and alley access would be made to Hawk Avenue in two separate locations. Townhome lots face the primary street frontage of Bridge Street and secondary street frontage of Ice House Drive, with single family detached units being proposed on the interior of the development. The developer is considering this as Phase 5B of the Canal District. Phases 4 (under construction) and 5A consists of 4.41 total acres of open space, which is 16% of the total 27-acre "Canal District." As such, no open space is being proposed on this block as part of the final plat. Because the Walker Creek Elementary School campus to the south is the only other use on this block, this development would complete the block and provide a complete sidewalk, street tree, and street light network. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as 'Town Center." This designation relates to the Town Center zoning district, which establishes development standards to promote a sustainable, high quality, mixed-use development. Each subzone provides a gradient of development and use intensity. The components of each subzone — buildings, streets, and public spaces — are scaled to create and sustain an integrated living environment. k4itH NORTH RICHLAND HILLS CURRENT ZONING: The property is currently zoned TC Town Center. SURROUNDING ZONING I LAND USE: North: TC Town Center Town Center West: TC Town Center Town Center South: TC Town Center Public/Semi-Public East: U School, Church, and Institutional and 0-1 Office I Public/Semi-Public and Neighborhood Service PLAT STATUS: The property is currently unplatted. A Preliminary Plat for this development was approved by the Planning and Zoning Commission on January 19, 2017. ROUGH PROPORTIONALITY DETERMINATION: The developer will 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. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the February 16, 2017, meeting and voted 5-0 to recommend approval. RECOMMENDATION: Approve FP 2017-02. Ice House Dr CO = cn � CE) Cn D CD FIT r °� I � 1 ' i R►verdale p ' � '�,6 ,� l�/�, ,� ` � t, �„ � F;, r� e � I ce ;House Dr j Phase 5B �W 3 4 r h r phwWUww III wlll� uNIIIN' 5 rr, i . Y � .Br►dge, �� N �r H f J , wz/e/z'_� uoUVZ=m¢m°s opi. moaMS^rASmoarA tiva�w xw•=.o 3 '>o 4 oa � kg p A$ �=F J E'°a nk3 so a; sm a Q a � xis msa i SO o$A 3nrvmv aor xnrx @m a 181 I 6 � * 6& m g r A 4 n p^ I B NW R %3.pC fK K 'ela B % n5 Y AIk18 I, 1331W Howe Ai B � i o % wz/e/z'_� uoUVZ=m¢Ns opi. moaMS^rASmoarA tl"a�w xw•..o :a � R _®E '��° -✓ � F � �€� 4�4� God a� ?€" Q ZS ksg 3 re L - i ° a awu - m I a w 2 a V - - ° Pcn r €E € - _ e.°e 5�8se cfSV "FSS v..k n 55g Jw wP�o rc� ii �u. 8 n E en E S o ¢aB 8 qrf 6a s y Y8 6 E of 3°"m H t� uYV a 3 ao 6o'r EXCERPT FROM THE MINUTES OF THE FEBRUARY 16, 2017 PLANNING AND ZONING COMMISSION MEETING C.1. FP 2017-01 CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25, LTD FOR A FINAL PLAT OF HOMETOWN CANAL DISTRICT, PHASE 5A ON 12.924 ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF ICE HOUSE DRIVE AND BRIDGE STREET. APPROVED Planning Manager Clayton Comstock introduced Items CA and C.2 representing two final plat requests for the HomeTown Canal District. Applicant representative Katherine Hodge, 3500 Maple Avenue, Dallas, with Arcadia Land Partners, provided details of both final plat requests for Phases 5A and 513. Mr. Comstock presented the staff reports for both final plats. Commissioner Randall Shiflet asked if Mangham Street on this plat was the only instance of that street name in the city. Mr. Comstock stated there were no existing streets with that name. Commissioner Shiflet expressed his approval of using the name and how it is appropriate to for the history of the area. Commissioner Jerry Tyner asked if Mandalay Street in Phase 5B would have access onto Hawk Avenue. Mr. Comstock answered that it would have access. There was a discussion about vehicle queueing that takes place before and after school at Walker Creek Elementary and how that situation will affect Mandalay Street. A MOTION WAS MADE BY COMMISSIONER HAYNES, SECONDED BY COMMISSIONER TYNER TO APPROVE FP 2017-01. MOTION TO APPROVE CARRIED 5-0. C.2. FP 2017-02 CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS 25, LTD FOR A FINAL PLAT OF HOMETOWN CANAL DISTRICT, PHASE 5B ON 3.984 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF ICE HOUSE DRIVE AND BRIDGE STREET. APPROVED Item C.2. was presented in conjunction with Item C.1. A MOTION WAS MADE BY COMMISSIONER HAYNES, SECONDED BY COMMISSIONER COOPER TO APPROVE FP 2017-02. MOTION TO APPROVE CARRIED 5-0. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: Approve Resolution No. 2017-011, continuing participation in Tarrant County's HOME Investment Partnership Program. PRESENTER: Kristin James, Assistant to the City Manager SUMMARY: The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) and is intended to provide decent affordable housing to lower-income households, expand the capacity of nonprofit housing providers, strengthen the ability of state and local government to provide housing and leverage private-sector participation. To participate in this program the City must commit to the required 30% match on an annual basis. The HOME program for North Richland Hills is administered by Tarrant County. It is staff's recommendation to allocate $36,000 toward the 30% match requirement for 2017. GENERAL DESCRIPTION: The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) and is intended to provide decent affordable housing to lower-income households, expand the capacity of nonprofit housing providers, strengthen the ability of state and local government to provide housing and leverage private-sector participation. In 2014, City Council approved Resolution No. 2014-016 which allowed for automatic renewal of the HOME Investment Partnership Grant for three years, running through 2015, 2016 and 2017. The HOME Investment Partnership Grant requires municipalities to provide 30% matching funds. We must specify in a resolution the amount of matching funds that will be appropriated to the program. The maximum amount of HOME Funds a municipality can request is $200,000. The approval of this resolution will allow the City of North Richland Hills to request $120,000 in HOME Funds for 2017 and will appropriate 30% in matching funds or $36,000. Tarrant County reported that the average cost per project covered under the HOME Program is $24,000. With that, the $120,000 would cover improvements to approximately five (5) homes. MRH The matching funds will be paid out of the existing Neighborhood Initiative Program funding. RECOMMENDATION: Approve Resolution No. 2017-011. RESOLUTION NO. 2017-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AGREEING TO MEET ALL MATCH CONTRIBUTION REQUIREMENTS FOR THE EXPENDITURES UNDER THE TARRANT COUNTY HOME INVESTMENT PARTNERSHIPS PROGRAM FOR PROGRAM YEAR 2017. WHEREAS, the HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) and is intended to provide decent affordable housing to lower-income households; expand the capacity of nonprofit housing providers; strengthen the ability of state and local government to provide housing, and leverage private-sector participation; and WHEREAS, Tarrant County is a Participating Jurisdiction under the HOME Investment Partnerships Program in accordance with § 92.105; and WHEREAS, the City of North Richland Hills is a member of the Tarrant County Urban County Community Development/HOME Consortium and is eligible to participate in the HOME program; and WHEREAS, the City of North Richland Hills has requested $120,000 in HOME funding to be expended on HOME eligible activities within the city's jurisdiction and has agreed to provide a 30% matching contribution for all HOME funds expended within the City of North Richland Hills, in accordance with §92.218; §92.219; and §92.220. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City of North Richland Hills does hereby agree to commit $36,000 in matching contribution to affordable housing for all activities undertaken in our city through the HOME program for the 2017 program year. PASSED AND APPROVED this the 61" day of March, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Resolution No. 2017-011 Page 1 of 2 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. Farmer, City Attorney Resolution No. 2017-011 Page 2 of 2 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: March 6, 2017 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Mark your calendars for the 7th annual Mayor's 5K Walk on Saturday, April 1. The walk will begin at 9:00 a.m. from the parking lot of the NRH Centre, with a warm-up starting at 8:45 a.m. Registration is free and may be completed online or by calling the NRH Centre. The NRH Centre will also host a free "April Pools Day" event from 11:00 a.m. to 2:00 p.m. on Saturday, April 1. The community is invited to learn about water safety in a fun and interactive way for the entire family. You can find more information online, or by contacting the NRH Centre. Kudos Korner: Every meeting, we recognize our employees for the great things they do. Tonight we recognize: Stan Tinney, Russel Andrews, Cole Belew, Jason Ticknor, Robert Chilton, Eric Gudjohnsen, Mary Sullivan, Brandon Moore, Adam Pendergrass, Mark Powers, Cary Sieve and Eddy Wood in the Fire Department — A security officer for an apartment community emailed thanks and praise for the Fire Department personnel that responded to a fire at the complex. They were the "most professional and caring human beings I have ever encountered," he said. "You and your city have done a great job in hiring professional leaders. Please express my sincerest thankfulness to these men and women."