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HomeMy WebLinkAboutCC 2017-02-13 Agendas M RH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, FEBRUARY 13, 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. Discuss 2017 State Legislative Program 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. Monday, February 13, 2017 City Council Agenda Page 1 of 5 1. Section 551.071: Consultation with City Attorney to seek advice about pending or threatened litigation or settlement offer, or other legal matters which are exempt from public disclosure under Texas Rules of Professional Conduct - Skyler Hotze v. City of North Richland Hills, Texas; Cause No. 153-282939-15 in the 153rd District Court of Tarrant County, Texas. 2. Section 551.072: Deliberate the Purchase, Exchange, Lease or Value of Real Property - (1) 6609 Davis Boulevard and (2) 6617 Davis Boulevard 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 RITA WRIGHT OUJESKY A.2 PLEDGE - COUNCIL MEMBER RITA WRIGHT OUJESKY A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Oath of Office - Council member Mike Benton 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 January 23, 2017 City Council meeting. B.2 Approve Resolution No. 2017-004, Calling the May 6, 2017 City Council Election, authorizing a joint election agreement with other Tarrant County political subdivisions and contract with Tarrant County for election services. B.3 Authorization to reject all bids received for Bid No. 17-003 for the NRH2O Beachside Bay Cabana Project. Monday, February 13, 2017 City Council Agenda Page 2 of 5 B.4 Consider Ordinance No. 3447, Correcting Ordinance No. 3413, Abandoning and closing a portion of Birchwood Drive. C. PUBLIC HEARINGS C.1 SUP 2016-06, Ordinance No. 3446, Public Hearing and consideration of a request from Arcadia Land Partners for a Special Use Permit for single-family cottage lots less than 40 feet wide in the Home Town Canal District located in the 8800 block of Bridge Street. C.2 ZC 2016-08, Ordinance No. 3443, Public Hearing and consideration of a request from Torino, LLC for a Zoning Change from AG Agricultural to R-1 Single Family and R-2 Single Family located at 7509 Chapman Road. CASE WITHDRAWN BY THE APPLICANT. C.3 ZC 2016-20, Ordinance No. 3444, Public Hearing and consideration of a request from the Birdville Independent School District for a Zoning Change from R-2 Single Family to U School, Church, and Institutional located at 4800 Rufe Snow Drive and 4801 Vance Road. CA TR 2017-01, Ordinance No. 3448, Public Hearing and consideration of amendments to Section 118-631, Table of Permitted Uses, of the North Richland Hills Zoning Ordinance regarding quick service restaurants. D. PLANNING AND DEVELOPMENT D.1 FP 2016-15 Consideration of a request from Britton and Ashley New for a Final Plat of Lots 7 and 8, Block 2, Creekside Estates Addition on 1.00 acres located in the 8700 block of Stewart Drive and an associated Developer Agreement for municipal infrastructure costs. E. PUBLIC WORKS E.1 Consider Ordinance No. 3438, creating a temporary construction speed zone to accomodate construction along Rufe Snow Drive from Mid-Cities Boulevard to Ridgetop Road. E.2 Authorize purchase from Davis Commons Limited Partnership for Property Described in Parcel 1 Exhibit A to be used as Public Street Right-of-way for the Davis/Mid-Cities Intersection Project in the amount of $57,660.68. F. GENERAL ITEMS Monday, February 13, 2017 City Council Agenda Page 3 of 5 F.1 Consider Resolution No. 2017-003, appointing a member to the Planning and Zoning Commission and Capital Improvement Advisory Committee. F.2 Approve agreement with Dean Electric Inc. dba Dean Construction for Construction Manager at Risk Services for the design and construction of the Northfield Park Renovation in the anticipated amount up to $3,850,000.00. F.3 Approve Resolution No. 2017-005 Authorizing the Submittal of a Grant Application to the North Central Texas Council of Governments (NCTCOG) for the Transportation Alternatives Set-Aside Program. F.4 Authorize the purchase of 46 Zebra Citation writers and printers from CDW Government LLC in an amount up to $118,997.00. F.5 Consider Resolution No. 2017-006, creating and appointing members to a Strategic Plan Committee. 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 TIM BARTH 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, February 10, 2017 at 3:00 PM. A0'0p III rCH�y" 4 Alm) h City terry-*'.. innnnanaouA� Monday, February 13, 2017 City Council Agenda Page 4 of 5 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, February 13, 2017 City Council Agenda Page 5 of 5 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 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: February 13, 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. ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Discuss 2017 State Legislative Program PRESENTER: Karen Bostic, Assistant City Manager GENERAL DESCRIPTION: The legislative program is intended to be a guide to our legislators to inform them of the City's position on issues we expect will be raised during the legislative session. Pre- filing of bills started on Monday, November 14, 2016 with almost 2,700 bills filed to date. The 85th Texas Legislative Session convened at noon on Tuesday, January 10, 2017 and last 140 days ending on Monday, May 29, 2017. As in the past, we have used four guiding principles to determine positions on various issues. These four guiding principles are: • Opposition of any legislation that erodes the authority to govern our own local affairs; • The need for a predictable and sufficient level of revenue to build and maintain capital infrastructure and for ensuring citizens health and safety; • Opposition of unfunded mandates; and • Support for legislation that enhances the quality of life for our citizens. Based on these guiding principles, staff has identified a number of priority legislative issues. There are as follows: • Preserve cities ability to govern their own affairs; • Preserve local control of land use planning and zoning; • Preserve an equal, fair and uniform property tax system; • Preserve local revenue sources; • Preserve the ability to use debt financing for capital projects; • Preserve the ability to provide public safety for our citizens. These priority issues will be added to and modified as needed throughout the session. We expect the workload of the 85th Texas Legislative Session to be about the same as the last regular session where almost 6,500 bills were filed with over 1,300 of those passing. Staff will be monitoring city related bills and will provide updates to Council throughout the legislative session. NRH City of North Richland Hills ~ar I li pU %f � 1� (fl������JlJJllJlff%�f���f��fffif 85th Texas Legislative Session Priority Legislative Issues January 2017 GENERAL LEGISLATIVE POLICY STATEMENT OF PRESERVATION As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. Thus, the City will oppose any legislation that could harm the health, safety, and welfare of its citizens. STATEMENT OF SUPPORT Likewise, the City supports any legislation that advances its authority to conduct the public's business or that improves the health, safety, and welfare of its citizens. The City supports legislation designed to responsibly and fairly provide revenues to pay for needed services or to reduce the cost of providing services or maintaining a strong municipal workforce. Lastly, the City supports legislation that responsibly promotes and increases economic development or that is designed to improve the economy or create jobs. COALITIONS & PARTNERSHIPS When necessary, the City will form strategic partnerships with other cities and counties in the Metroplex. The City will also work with other local political subdivisions including the hospital district and the school district when commonalities exist. Additionally, the City will work in coordination with organizations such as the Texas Municipal League, North Central Texas Council of Governments and Tarrant Regional Transportation Coalition when their adopted positions are in line with the legislative objectives and goals of the City. The formation of strategic partnerships and coordinated efforts is intended to provide the City with a stronger presence in the legislative process. City of North Richland Hills 2 GOALS OF THE CITY'S LEGISLATIVE ACTIVITIES The fundamental goal of the City of North Richland Hills' legislative activities is to produce positive outcomes for our citizens. Numerous proposals considered by the Texas Legislature will have the potential to seriously impact the ability of the City to carry out its mission. By taking a proactive role in the legislative process, the City is accepting its responsibility to ensure that the citizens of North Richland Hills can continue to enjoy the quality of life they deserve, have come to expect and are willing to support financially. Throughout the history of Texas, our legislators have enacted laws that greatly affect the administrative and political decisions of municipalities. As the next legislative session begins, the City officials of North Richland Hills believe it is beneficial to state their position on some of the issues they expect will be addressed. This document is intended to provide those positions along with a short background and reasoning for these positions. The City of North Richland Hills uses four guiding principles in developing its positions on legislative issues. These are: 1. We will vigorously oppose any legislation that erodes the authority to govern our own local affairs. 2. Cities represent the level of government closest to the people. They bear primary responsibility for the construction and maintenance of capital infrastructure and for ensuring citizens' health and safety. Thus, they must be provided a predictable and sufficient level of revenue. 3. We will oppose the imposition of any state mandates that do not provide for a commensurate level of compensation. 4. We will support any legislation that enhances the quality of life for our citizens. Other issues will arise as the legislative session progresses. If an issue arises that is not addressed in this document, the City urges legislators to keep these four guiding principles in mind as they make important decisions concerning our future. City of North Richland Hills 3 SUMMARY OF PRIORITY LEGISLATIVE ISSUES 1. Preserve Cities Ability to Govern Their Own Affairs Texas communities are not homogenous and each has unique issues and considerations. Decisions at the local level need to be made by the people who live within the community, not by the State. Local citizens should be entrusted with the ability to make decisions within their own communities on what they would like their communities to be. Local elected officials are elected to govern the affairs of the cities they represent and should be granted the ability to govern these affairs as directed by the local community. 2. Preserve Local Control of Land Use Planning and Zoning Zoning regulations and land use planning are important and historic tools used by cities to protect the health and safety of residents, as well as to maintain residents' investment in property. Land use planning and zoning provide stability to a community so that current and future property owners know they can invest in a community with some assurance that conditions will not significantly change without some form of due process. It is imperative that cities retain their authority to manage development and to zone parcels of land within their city limits. 3. Preserve an Equal, Fair, and Uniform Property Tax System Revenue caps of any type, including a reduced rollback rate, mandatory tax rate ratification elections, lowered rollback petition requirements, limitations on overall city expenditures, exclusion of the new property adjustment in effective rate and rollback rate calculations, or legislation that lowers the rollback rate do not allow for fair and equitable taxation, particularly during periods where market value growth exceeds the artificially established tax cap. Additionally, property tax caps applied only to residential property essentially shift the tax burden to businesses, which can serve as a deterrent to economic development. Further, property tax caps ignore the differences between Texas cities. While caps hurt all cities with a property tax, they are especially hard on cities that have little or no sales tax base. 4. Preserve Local Revenue Sources Cities are responsible for providing services that allow residents to feel safe, secure, and to enjoy their quality of life. Cities already face challenges providing all the services that residents expect and demand. It is vital that cities have reliable sources of revenue in order to provide these services. This includes the closing of the "dark box" loophole being used by some large retailers to artificially devalue commercial properties for tax purposes. Additionally, the ability to collect sales tax from out of state vendors benefits cities as well as local businesses. 5. Preserve the Ability to Use Debt Financing for Capital Projects Cities are responsible for the construction and maintenance of infrastructure within our city limits. These projects are often large and costly whereby it is not feasible to cash fund them. It is critical that cities have the ability to finance these types of projects using the issuance of debt. City of North Richland Hills 4 6. Public Safety Legislators should resist all efforts to erode a city's ability to effectively maintain the safety of its citizens. Public safety is a fundamental service cities provide their residents, and goes beyond just fire and police protection. When unnecessary mandates and limitations are imposed, they present undue hardships on a city's ability to protect its citizens. City of North Richland Hills 5 CONTACTS City of North Richland Hills 4301 City Point P. O. Box 820609 North Richland Hills, Texas 76180 (817) 427-6000 Fax: (817) 427-6016 httip://www.nrhtx.com City Manager's Office Mark E. Hindman Karen Bostic" City Manager Assistant City Manager (817) 427-6003 (817) 427-6003 Email: mhindman(a)nrhtx.com Email: kbostic(@nrhtx.com Paulette Hartman Jimmy Perdue Assistant City Manager Director of Public Safety (817) 427-6003 (817) 427-7000 Email: pahartman @nrhtx.com Email: iperduena.nrhtx.com Mike Curtis Kristin James Managing Director Assistant to the City Manager (817) 427-6400 817-427-6003 Email: mcurtix(a)nrhtx.com Email: kiames(@nrhtx.com Mayor and City Council (817) 427-6061 Oscar Trevino, Mayor Tim Welch, Mayor Pro Tem, Place 7 Tito Rodriquez— Place 1 Rita Wright Oujesky— Place 2 Tom Lombard — Place 3 Tim Barth — Place 4 Mike Benton — Place 5 Scott Turnage — Place 6 Primary legislative contact. City of North Richland Hills 6 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Approve minutes of the regular January 23, 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 January 23, 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 JANUARY 23, 2017 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 23rd day of January 2017 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor 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 Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Mike Curtis Managing Director Alicia Richardson City Secretary Maleshia Farmer City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 5:30 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 Planning Manager Clayton Comstock introduced new employee John Chapman who is the department's new Planning Technician. 3. SOCIAL MEDIA UPDATE Public Information Officer Mary Peters provided an update on the city's social media January 23, 2017 City Council Meeting Minutes Page 1 of 8 accounts. The city hall's first social media account was created in 2009. The statistics show that 78% of Americans have a social media account. The percentage of Americans reading news from Facebook has increased by 11% from last year. Ms. Peters reviewed the types of information and news posted and shared by city social media accounts. There is a new social media platform called Nextdoor. It is a private social network for neighborhoods. There are approximately 8,300 North Richland Hills residents registered with Nextdoor. The messages and posts are private to those that live in the neighborhood. Governmental agencies are not able to view or search discussions. Council and staff discussed the Open Meetings Act and the laws that govern discussion among City Council members without a properly posted agenda. Council agreed to forward any discussions that require a city response to Ms. Peters. Council was complimentary of Ms. Peter's efforts to keep citizens informed of city business. Council asked staff to provide posts and updates regarding economic development and the TEXRail. 4. DISCUSS THE TRAFFIC ON RUFE SNOW DRIVE AND GLENVIEW DRIVE FOLLOWING THE OPENING OF THE NEW IL TEXAS CHARTER SCHOOL City Engineer Caroline Waggoner informed Council the new charter school has been in operation for three weeks. The attendance and traffic patterns for a charter school differ from public schools. The school is regionally located and practically has no carpooling, pedestrian or bicycle traffic. The school does not have a bus transportation system. There are distinct times when the area has concentrated vehicular traffic. Currently, Rufe Snow Drive has four travel lanes. Ms. Waggoner showed Council the proposed roadway intersection that provides for five travel lanes. Ms. Waggoner also shared with Council the city's interim mitigation until the Capital Improvement Project is complete. EXECUTIVE SESSION Mayor Trevino announced at 6:08 p.m. that Council would adjourn into Executive Session as authoirzed by Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - Municipal Court Clerk; Section 551.071: Consultation with City Attorney to seek advice about pending or threatened litigation or settlement offer, or other legal matters which are exempt from public disclosure under Texas Rules of Professional Conduct - (1) Skyler Hotze v. City of North Richland Hills, Texas, Cause No. 153-282939-15 in the 153rd District Court of Tarrant County, Texas; (2) Pending or potential litigation with Chesapeake Energy Corp., and Total E&P USA., Inc; (3) Legal issues related to North Richland Hills Code of Ordinances Chapter 34, Article IV, Division 2, Junked Vehicles. Executive Session began at 6:15 p.m. and concluded at 7:19 p.m. Mayor Trevino announced at 7:20 p.m. that Council would convene to the regular City January 23, 2017 City Council Meeting Minutes Page 2 of 8 Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order at 7:22 p.m. Present: Oscar Trevino Mayor 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 Scott Turnage Council, Place 6 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Maleshia Farmer City Attorney A.1 INVOCATION - COUNCIL MEMBER RODRIGUEZ Council member Rodriguez gave the invocation. A.2 PLEDGE - COUNCIL MEMBER RODRIGUEZ Council member Rodriguez 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 Mr. Ian Floyd, 3116 Woodridge Drive, Hurst, Texas requested an all-weather facility at Iron Horse Golf Course. The addition of lights and a covered hitting bay would increase practice time for patrons. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA There were no items removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED January 23, 2017 City Council Meeting Minutes Page 3 of 8 A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 6-0. B.1 APPROVE MINUTES OF THE REGULAR JANUARY 09, 2017 CITY COUNCIL MEETING. B.2 CONSIDER RESOLUTION NO. 2017-002, RECOMMENDING THE AWARD OF A CONSTRUCTION CONTRACT BY TARRANT COUNTY FOR SANITARY SEWER IMPROVEMENTS ON HARMONSON ROAD FOR THE 42ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT. B.3 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR FIREFIGHTER CLOTHES/BUNKER GEAR WITH THE CITY OF THE COLONY. C. PUBLIC HEARINGS CA ZC 2016-19, ORDINANCE NO. 3445, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS FOR A ZONING CHANGE FROM R-2 SINGLE FAMILY TO C-1 COMMERCIAL ON 5.08 ACRES LOCATED AT 7301 NE LOOP 820. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to present the item. Planning Manager Clayton Comstock informed Council this item is initiated by the City to rezone 5.08 acres located at 7301 Northeast Loop 820 from R-2 Single Family Residential to C-1 Commercial. The purpose of the request is to accommodate the sale and future use of the property. If approved, the proposed zoning would allow the building and property to be used for office, service, or retail establishments. The area is designated on the Comprehensive Land Use Plan as Public/Semi-Public and the current zoning is R-2 Single Family Residential. Mr. Comstock provided site photos. Council had no questions for staff. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. January 23, 2017 City Council Meeting Minutes Page 4 of 8 A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER BARTH TO APPROVE ORDINANCE NO. 3445. MOTION TO APPROVE CARRIED 6-0. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS E.1 ADOPT RESOLUTION NO. 2017-001 AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE WASTEWATER TRANSPORTATION CONTRACT (WALKER-CALLOWAY SYSTEM) WITH THE TRINITY RIVER AUTHORITY OF TEXAS. APPROVED Managing Director Mike Curtis informed Council the purpose of the request is to approve Resolution No. 2017-001 that authorizes approval of Amendment No. 1 to the Wastewater Contract with the Trinity River Authority of Texas. The amendment allows the Trinity River Authority of Texas to issue bonds on behalf of the cities of North Richland Hills and Hurst in order to make repairs and improvements to the Walker-Calloway Sewer System. The City of Hurst has taken official action to approve the amendment. In response to Mayor Pro Tern Welch's question, Mr. Curtis informed Council the first of seven phases will begin in late summer to early fall. A MOTION WAS MADE BY MAYOR PRO TEM WELCH, SECONDED BY COUNCIL MEMBER TURNAGE TO APPROVE RESOLUTION NO. 2017-001. MOTION TO APPROVE CARRIED 6-0. E.2 APPROVE THE 2016 - 2017 PREVENTIVE STREET MAINTENANCE PROGRAM APPROVED Council member Turnage, Chair of Capital Improvement Program Committee, introduced item. He commented that Council made a committment years ago to address city streets. Staff was tasked with coming up with a method to systematically grade and prioritize streets for Council's consideration. He thanked Mr. Blankenship and his team for their hard work. January 23, 2017 City Council Meeting Minutes Page 5 of 8 Mr. Boe Blankenship informed Council the recommended program encompasses maintenance projects on 116 streets consisting of two streets receiving a sub-grade stabilization and asphalt rehabilitation, asphalt overlay on 19 streets, slurry seal on 45 streets, and crack sealing on 50 streets. The method for selecting streets focuses on targeted areas based on several variables: NRH pavement management system; the citizen's survey results; and other city priorities such as Planning and Economic Development Department goals. The first targeted area of the 2016-2017 program is the North Hills area in the southern portion of the city. The second and largest area is north of Harwood Road and south of Chapman Road. A third area also includes some streets in between Starnes / Rumfield Road and Bursey Road. A MOTION WAS MADE BY COUNCIL MEMBER TURNAGE, SECONDED BY COUNCIL MEMBER LOMBARD TO APPROVE THE 2016 - 2017 PREVENTIVE STREET MAINTENANCE PROGRAM. MOTION TO APPROVE CARRIED 6-0. F. GENERAL ITEMS FA CONSIDER AN INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY AND THE CITY OF NORTH RICHLAND HILLS FOR ROAD CONSTRUCTION ON DEAVER DRIVE AND LIBERTY WAY. APPROVED Public Works Operations Manager Boe Blankenship presented item and was available to answer questions from Council. Council had no questions for staff. A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY AND THE CITY OF NORTH RICHLAND HILLS FOR ROAD CONSTRUCTION ON DEAVER DRIVE AND LIBERTY WAY. MOTION TO APPROVE CARRIED 6-0. F.2 ACTION PURSUANT TO ARTICLE V, SECTION 7 OF THE CITY CHARTER TO FILL VACANCY ON CITY COUNCIL. APPROVED January 23, 2017 City Council Meeting Minutes Page 6 of 8 Mayor Trevino informed Council of David Whitson's decision to step down from the City Council. Mayor Trevino commented that it was hard to accept David's resignation and that he would be surely missed by Council and the public. Mayor Trevino thanked Mr. Whitson for his many years of service to the City. As outlined by the City Charter, a vacancy may be fulfilled by an appointment recommended by the Mayor with approval of the majority of Council. Mayor Trevino believes it is important to have a full Council to consider and be part of the upcoming goals work session and development cases in the city. Mayor Trevino announced that he recommends Mike Benton, who currently sits on the Planning and Zoning Commission, be appointed to Place 5 to fulfill the vacancy on City Council. Council member Lombard concurred with Mayor Trevino's comments about David Whitson's service to the city. Council member Wright Oujesky remarked that it is with heavy heart to accept Mr. Whitson's resignation. He is an integral part of the community and with his church and she will miss him. Council member Barth agreed with comments about David. He has been a great mentor and leads by example in letting his faith guide his approach and actions. Mayor Pro Tern Welch thanked David Whitson for his service to the city. Council member Rodriguez thanked David for his many years of service. He also thanked David's family for sharing and supporting him while he served on the City Council. Council member Turnage Scott agreed with previous comments and that he will miss his fellow colleague. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPOINT MIKE BENTON TO THE UNEXPIRED TERM OF CITY COUNCIL, PLACE 5. MOTION TO APPROVE CARRIED 6-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced no action is necessary as the result of Executive Session. January 23, 2017 City Council Meeting Minutes Page 7 of 8 H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Turnage made the following announcements. Tickets are on sale now for the annual Daddy Daughter Valentines Dance which will be held on Saturday, February 4 in the Grand Hall at the NRH Centre. The tickets are $15.00 per person and may be purchased at the NRH Centre Guest Services Desk. The Common Ground Community Garden and Keep NRH Beautiful are holding a Spring Gardening Seminar on Saturday, February 4. This free event will begin at 9:00 a.m. in the Community Room at the Library. Topics include vegetable gardening, unique watering methods, composting, butterflies, and more. Kudos Korner - Trish Watson in Neighborhood Services - The manager of a restaurant expressed thanks and appreciation for Trish's responsiveness after a vehicle drove into their building on Thanksgiving. Trish when above and beyond, coming out after hours on a holiday, to complete an inspection so the restaurant could reopen. They are grateful to be in a community with such dedicated and service oriented city employees, the manager said. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:11 p.m. City Secretary Alicia Richardson, City Secretary January 23, 2017 City Council Meeting Minutes Page 8 of 8 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Approve Resolution No. 2017-004, Calling the May 6, 2017 City Council Election, authorizing a joint election agreement with other Tarrant County political subdivisions and contract with Tarrant County for election services. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The City Council is required by the Texas Election Code to order the city's General Election of Officials. Resolution No. 2017-004 orders the City's Election for May 6, 2017. The Resolution also authorizes the city to hold its election jointly with other Tarrant County entities, contract with Tarrant County to administer the joint election, and establishes voting locations. GENERAL DESCRIPTION: The City Secretary's Office is responsible for conducting municipal elections as prescribed by the Election Code of the State of Texas and the City of North Richland Hills' City Charter. The City Charter states that the governing body of the City shall consist of a Mayor and seven (7) Council persons who shall be elected for terms of two years. All places, including the Mayor, will be elected at large. The Mayor and Council persons in Places 2, 4, and 6 shall be elected in even-numbered years and Council persons in Place 1, 3, 5 and 7 elected in odd-numbered years. Pursuant to Section 3.004 of the Texas Election Code, the governing body of a political subdivision shall order the General Election. An election may only be held on a uniform election date—first Saturday in May or the first Tuesday after the first Monday in November. In accordance with State law, Resolution No. 2017-004 orders the City's General Election of Officials to be held on May 6, 2017. Persons elected to offices of City Council Places 1, 3, 5, and 7 shall be for a term of two years. The resolution establishes Election Day voting locations, provides for the appointment of election officials, early ?g1kH NORTH KICHL,AND HILLS voting and Election Day procedures, and authorizes the Mayor to execute a joint election agreement and contract for election services with Tarrant County. The filing period for the 2017 General Election began January 18, 2017 and concludes on February 17, 2017. Candidates will file their completed application with the City Secretary's Office during the business week between the hours of 8:00 a.m. and 5:00 p.M. Early voting will begin April 24, 2017 and continue through May 2, 2017. In the event a run-off election should be needed, the Resolution sets June 10, 2017 as the run-off date, provides for early voting days and times and allows the contract with Tarrant County to be extended to the run-off election. As in previous years, the city's election will be held jointly with other Tarrant County political entities holding an election, with the city entering into a contract with Tarrant County to administer the joint election. The contract will not be finalized until after the February 17, 2017 filing deadline when it is known which entities will be participating and holding an election. It is anticipated that the election contract will be similar to previous contracts with the county and will include the following provisions: • Tarrant County Elections Administrator, or his designee, will serve as the administrator of the Joint Election with each participating entity remaining responsible for decisions and actions as required by law. • Early voting will be conducted jointly with all participating entities beginning on April 24, 2017 and ending on May 2, 2017 at the locations and times established by the county. North Richland Hills voters may vote early at: + Tarrant County Elections Center, 2700 Premier, Fort Worth; (Main Early Voting Location) + Dan Echols Center, 6801 Glenview Drive; + North Richland Hills Library, 9015 Grand Avenue; or + any of the other joint early voting locations • Early voting by personal appearance will be conducted exclusively on the county's eSlate Electronic Voting System. On Election Day, voters will have a choice between the eSlate electronic voting system or a paper ballot that is scanned using Tarrant County's EScan voting system. • Ballots that contain content for more than one joint participant because of overlapping territory will be arranged in the following order: Independent School District, City, Water District(s), College District and other political subdivisions. • On Election Day, North Richland Hills voters will vote at their designated polling location — Dan Echols Center, Library Community Room or the Former Bursey Road Senior Center. • The Tarrant County Elections Administrator will release unofficial cumulative totals and precinct returns of the election as precincts report to the central and remote tabulating stations and the returns are tabulated. The unofficial cumulative totals and precinct returns will be released to the joint participants, candidates, press and ?gIkH NORTH KICHL,AND HILLS general public by distribution of hard copies at the central counting station (2700 Premier Street, Fort Worth) and by posting to the county web site. On Election night, the county will not allow the release of the results printed on the tapes produced by the voting equipment to any participating entity at any of the remote collection sites or by phone from the individual polling locations. Each participating entity will receive their election results from either the county's central counting station or county website. • Election expenses will be allocated among the participating entities according to a formula based on the average cost per Election Day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling locations will be pro-rated equally among the participants using the polling location. • The Elections Administrator will be the general custodian of the voted ballots and all records of the Joint Election. RECOMMENDATION: Approve Resolution No. 2017-004. RESOLUTION NO. 2017-004 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 City will enter into joint election agreements and contracts for election services with Tarrant County pursuant to Texas Election Code ("Code) Sections 31.092 and 271.002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: General Election Called. An election is hereby called to elect City Council Places 1, 3, 5, and 7 to serve from May 2017 until May of 2019, or until their successors are duly elected and qualified. The election shall be held on May 6, 2017 between the hours of 7:00 a.m. until 7:00 p.m. PRECINCT VOTING LOCATION Precinct One (includes County voting precincts Library Community Room 3041, 3177, 3214, 3324, 3333, 3364, 3575, 3664, 9015 Grand Avenue & 3665) North Richland Hills, TX 76180 Precinct Two (includes County voting precincts Dan Echols Center 3140, 3215, 3289, 3326, 4620 & 4629) 6801 Glenview Drive North Richland Hills, Texas 76180 Precinct Three (includes County voting Former Bursey Road Senior Center precincts3049, 3063, 3177, 3209, 3367, 3387, 7301 Bursey Road, North Richland Hills, 3447, 3507, 3527, & 3584) TX 76182 Section 2: Application for Place on Ballot. Qualified persons may file as candidates by filing with the City Secretary, or her designee, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, beginning January 18, 2017, Resolution No. 2017-004 Page 1 of 4 and ending February 17, 2017. Each application for a place on the ballot shall be accompanied by either a filing fee of One Hundred Fifty ($150.00) Dollars payable to the City, or in lieu of the filing fee, a petition seeking the candidate's name to be placed on the ballot. Such petition must be signed by at least one hundred fifty (150) qualified voters of the City. Forms for the petition shall be furnished to potential candidates by the City Secretary. Section 3: Joint Election Aareements Approved. The Mayor is authorized to enter into joint election agreements and contracts for election services with Tarrant County conducted under the authority of Chapter 271 of the Election Code (the "Agreements"). The election shall be conducted pursuant to the election laws of the State of Texas. Section 4: Early Voting. a. Early voting by personal appearance. Early voting by personal appearance will be held jointly with other political subdivisions in Tarrant County beginning on April 24, 2017 and will continue through May 2, 2017 at the locations established by Tarrant County on the dates and times as follows or as may be amended by Tarrant County: April 24 — April 28 8:00 a.m. to 5:00 p.m. April 29 7:00 a.m. to 7:00 p.m. April 30 11:00 a.m. to 4:00 p.m. May 1 - May 2 7:00 a.m. to 7:00 p.m. The main early voting location shall be located at: Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 North Richland Hills early voting locations also include: Dan Echols Center North Richland Hills Library 6801 Glenview Drive 9015 Grand Avenue North Richland Hills, TX 76180 North Richland Hills, TX 76180 b. Early voting by mail. Stephen Vickers, Tarrant County Chief Deputy Elections Administrator (Chief Deputy Elections Administrator), or his designee, is hereby designated as Early Voting Clerk for the general election. The Tarrant County Chief Deputy Elections Administrator may appoint other deputy early voting clerks as necessary. Applications for early voting by mail may be delivered to the Chief Deputy Elections Administrator at the following address: Early Voting Clerk, 2700 Premier Street, Fort Worth, Texas 76111, beginning January 1, but not later than April 25, 2017 if delivered by mail. Early voting by mail ballots shall be mailed to the Chief Deputy Elections Administrator at the same address. Resolution No. 2017-004 Page 2 of 4 All resident qualified electors of the City shall be permitted to vote at said election and, on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. c. Early voting by Ballot Board. Early voting, both by personal appearance and by mail, shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and Alternate Presiding Election Judge, as set forth in the Agreements, shall serve as the presiding officer and alternate presiding officers, respectively, of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. Section 5: Runoff Election. In accordance with Section 2.025 of the Texas Election Code, in the event no candidate receives a majority of votes for an office, there shall be a runoff election held on June 10, 2017. The polling place on Election Day for the runoff election shall be at the same polling places as those of the original election, and the hours of voting shall be between 7:00 a.m. and 7:00 p.m. Early voting by personal appearance shall be held at the same locations set out in Section 4 hereof on each day that is not a Saturday, Sunday, or an official State Holiday, beginning on Monday, May 29, 2017 and continuing through Tuesday, June 6, 2017 between the hours of 8:00 A.M. and 5:00 P.M. except June 3 and June 5-6 when voting will be between the hours of 7:00 A.M. and 7:00 P.M. and June 4 when voting will be between the hours of 11:00 A.M. and 4:00 P.M. Section 6: Method of Voting. Early voting by personal appearance shall be conducted exclusively on Tarrant County's eSlate electronic voting system. On Election Day, Tarrant County voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County's eScan voting system. All expenditures necessary for the conduct of the election, the purchase of materials therefore, and the employment of all election officials are hereby authorized, and shall be conducted in accordance with the Agreements and the Code. Section 7: Governinq Law and Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 8. Publication and Posting of Notice of Election. Notice of the election shall be given as required by Chapter 4 of the Code. Section 9. Necessary Actions. The Mayor is authorized to execute a joint election agreement and contract for election services with Tarrant County whereby Resolution No. 2017-004 Page 3 of 4 Tarrant County will provide all material, supplies and personnel to hold the election contemplated hereby, including any runoff election which may be required, and will be responsible for coordinating, supervising and administering the joint election. This resolution shall be construed with any action of the governing bodies of other Tarrant County political subdivisions providing for the conduct of a joint election as herein contemplated. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 13th day of February, 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. 2017-004 Page 4 of 4 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Authorization to reject all bids received for Bid No. 17-003 for the NRH2O Beachside Bay Cabana Project. PRESENTER: Vickie Loftice, Managing Director of Community Services SUMMARY: This item is to reject all bids received for the construction of 8 cabanas, landscaping, and associated flatwork within Beachside Bay at NRH2O Family Waterpark. All of the bids received exceeded the available funding. GENERAL DESCRIPTION: 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. The approved NRH2O Family Waterpark Capital Improvement Program for FY 2016-2017 includes funding for the construction of 8 rental cabanas in the Beachside Bay area inside NRH2O. The project consists of removing the existing sand volleyball court and tech deck and replacing these amenities with 8 cabana structures and connecting sidewalks. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's website. Bid specifications were viewed from the Public Purchase website by seventeen (17) vendors. Three (3) bids were received from contractors on December 20, 2016. Pricing was provided as follows: Bidder Base Proposal Denco CS Co. $314,777.77 CIMA $349,712.00 Mario Sinacola $641,195.00 The total available funding for construction is $196,000.00. Because all of the bids received exceeded the available funding, it was determined to be in the City's best interest to reject all bids, revise the specifications and re-bid in the summer of 2017. This will also allow more time for construction activities, given the tight timeframe between waterpark operating seasons. RECOMMENDATION: MRH Authorize to reject all bids received for Bid No. 17-003 for the NRH20 Beachside Bay Cabana Project. ?g1kH NORTH KICHL.AND HILLS CITY COUNCIL MEMORANDUM FROM: Public Works Department DATE: February 13, 2017 SUBJECT: Consider Ordinance No. 3447, correcting previous Ordinance No. 3413, Abandoning and Closing a Portion of Birchwood Drive PRESENTER: Caroline Waggoner, City Engineer SUMMARY: Consider replacing the previous abandonment ordinance for a section of Birchwood Drive as part of the development of a RaceTrac retail gasoline convenience store at the Southeast corner of Davis Boulevard and Maplewood Avenue. The previous ordinance had the incorrect legal description for the property. Ordinance No. 3447 corrects this issue and updates the ordinance. GENERAL DESCRIPTION: On May 16, 2016, City Council approved Ordinance No. 3413, abandoning a portion of Birchwood Drive located within the proposed RaceTrac site on Davis Boulevard. The ordinance also provided five requirements for the conveyance of the abandoned right- of-way to Bomac Davis Investments, LLC, the owner at the time. The original ordinance incorrectly referred to the "Lot 1, Block A, Racetrac Addition". The correct legal description is "Lot 13, Block 21, Clearview Addition". The updated ordinance corrects the subdivision reference, updates ownership information to Pepperwood, Inc., and updates the conveyance requirements as two of them have been met. The abandonment Ordinance No. 3413 called for the portion of Birchwood Drive be abandoned and conveyed to Bomac Davis Investments, LLC upon completion of the following actions, the first two of which have already been accomplished. The updated abandonment Ordinance No. 3447, refers only to the outstanding three items as requirements for conveyance. • Plat dedication of replacement easements for the relocated public and franchise utilities, including drainage. - Completed by plat approval 8122116 • Plat dedication of a public access easement within which the proposed vehicular turn-around will be constructed. — Completed by plat approval 8122116 • Construction and final acceptance by the City of all public infrastructure needed to replace water, sanitary sewer, and drainage service to the remaining Birchwood Drive. IqRH • Construction and final acceptance of the hammerhead public access easement at the terminus of Birchwood Drive as depicted on the plat. • Provision of a maintenance agreement for the public access turnaround. RECOMMENDATION: Approve Ordinance No. 3447, abandoning and closing a Portion of Birchwood Drive. ORDINANCE NO. 3447 AN ORDINANCE CORRECTING ORDINANCE NO. 3413 ABANDONING AND CLOSING A PORTION OF BIRCHWOOD DRIVE IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, CONTINGENT UPON THE DEDICATION OF REPLACEMENT UTILITY AND DRAINAGE EASEMENTS BY A REPLAT OF LOT 13, BLOCK 21, CLEARVIEW ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AND AUTHORIZING THE CONVEYANCE OF THE CLOSED STREET TO ADJACENT OWNERS. WHEREAS, the City Council has been requested to vacate and abandon a portion of Birchwood Drive ("Drive"), which is no longer needed for street purposes following the replat referred to herein and convey it to the owners of property which is adjacent to the abandoned portion of the Drive; and WHEREAS, the City Council has determined that the portion of the above named public street described in the attachments hereto is no longer required or convenient for street purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT that portion of Birchwood Drive described in Exhibit A hereto is hereby abandoned and automatically closed effective on the approval of the replat of Lot 13, Block 21, Clearview Addition to the City of North Richland Hills, Tarrant County, Texas. Section 2: THAT the property described in Exhibit A shall be conveyed to the owner of property, Pepperwood, Inc., or the then current record owner, conditional upon and in consideration of the following public purposes: (a) Plat dedication of replacement easements for the relocated public and franchise utilities, including drainage; (b) Plat dedication of a public access easement within which the proposed vehicular turn-around will be constructed; (c) Construction and final acceptance by the City of all public infrastructure needed to replace water, sanitary sewer, and drainage service to the remaining Birchwood Drive; (d) Construction and final acceptance of the hammerhead public access easement at the terminus of Birchwood Drive as depicted on the plat; and (e) Provision of a maintenance agreement for the public access turnaround. Ordinance No. 3447 Page 1 of 6 Section 3: THAT if the conditions and public purposes in Section 2 above are not satisfied within two (2) years from the approval date of the replat of Lot 13, Block 21 Clearview Addition (August 22, 2016), to the City of North Richland Hills, Tarrant County, Texas, the owner(s) of the property shall reconvey that portion of Birchwood Drive described in Exhibit A to the City at no cost to the City. AND IT IS SO ORDAINED. Passed on the 13"' day of February, 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: Mike Curtis, Managing Director Ordinance No. 3447 Page 2 of 6 Exhibit A Ordinance No. 3447 Page 3 of 6 °I'mfiM IIT oT AnJ Y imvrl"VUPIk'fi"119( V"^)JMH .rk8 f A, PACE tl CIF 2 PHU I-NOnr n Ja IP4d'x^ f,1 N 1P ilF'fOC:N. c'CJLW,j,v OF VARWAT 1w.kMa Ik,Xx a'1 N°D"W:,HI[Af hanr v1 nrm oft W! 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I Ni4 .lAr dd1N9I1 4 1ARFR kI CIAI0 0(UNr'N tlM BA; It ki raw rl Vkau 9rmaaW itlwhxAxaue9M„YOirvaouiiaq lw,rua Faun to¢mnMB Iar Y1rru"Vr�n a, ,`t4r,AO ,N - ,� Irwrry{.o�t`.aa;Vr omlh", Yila,vSM tarWll tld'- M1V:mIRr wary rN"L"nioen9 '� � W Va , UR IrT15N M�.�r. narr P " I �wrun d Ordinance No. 3447 Page 4 of 6 Exhibit A (continued) Ordinance No. 3447 Page 5 of 6 °IY rNldS AC 01 jhzyA HANrXt PIIVbMlV F& UIMm 11,>URN1, "ICNIPM ;s 'iPAN kt T".IH A F Aar ON/d R o l ... .... .... .. dC I R HAS v e : rti lma "il Vr ZO'?"LL A Tn g 1����1�ih�.Al MNdd G:SwP Ham/ rrkw"� u: . rMmr1law..•� 6 p .n 1J aw MA 1w lnn uI�I I""� N4tll Vl4r NA�FLL V WMI' VI!I4 141 wArp 7 Iti IW'' VpW I,IP1 aAK,111 B°IX;JII II+td�h IIIPN�" II '"III I—IMINIPMTf W r IV1 A(, MON R01+1 R C XVI N CA I NO TD ay HO :gNpN.V" W �M PE - NNI'41 OF o t'IIrPiAu:'fll Yd ll40 I�4 I IMtlVf� lf 10 d18',Ifl"M'9q� f6 �e�� �I+ �'ry 6 OR D r r M TO,Pe! !IItII TARRMT c1IUNn IfP1NA "„ I PH I II ry 18, IAl 1114111K IARKABW II IDAWtlA 111VGI4 MIMS � bI�IM1m,yll con�Fal6ad 9'YnC YYI WOlMIn NHlllv*nM,�,Pnipd ArwVP'N`4"l7Mreo+7 Ndu flY ON pa ry.�° .vWd'Ml^, "t r I1v,arv�:;a.^�nl 0ndxno..alY'.&curl MlrCfI IV',h,K✓Or alflr ro n:a��d:r�axc:! `� p / Vr�e Ir AF I a„n.,w w4 Ij ,.., r rr,�r �,mrrrr�lPNU.1�ru "I ' �, Ordinance No. 3447 Page 6 of 6 RaceTrac Elevation um� uuu lllllllluuuu // o, bu �ii�wii 1J iGl°fir �, %/i , � � / /Nign ��i l�fi�l�✓ IUI011/� q r'ivf '/-''„ r / �/ Y® I dJ lulmfmmmld' /� r/ (i w/���'(/�/�j,/r �f�ry ,1,� Yll � / iv i'i �✓/lY��irf.V� I��`" //� ���� lid/%'✓„/�'�, ��, J ' iNr n aa”, mi mn n, Current Conditions Area to Abandon ./\ . � � \ ; � \ , \ } \ 1 � < Existing Survey Area to Abandon --------------------- ........ ... . 1-7 ....... .... ......... Jll ll'yyll ,,I fi U I I If5 ............. --------------I -77----------------- Preliminary Plat Area to Abandon V �---------- ----------— ------- I J 17-- ............ DOG IK;, I^h 9I • ------- --- �11V IMM',-71-11* -------- --- 4-----T"F-------------- - -------------------- -- - --- -- ------------------- --------------------- Vz! Site Plan / Area to Abandon . „ . .MAFLEMOOD C1�J.. Ali I WtlG'"JF1g��i I = rte` m° � r� l - ^ 8 i x� li1J J1Jy" f�0/� p j - tfl�l � HO I II �ilpiimi�, 9 ` AIml mqy mom - r F-��2 .. , 4, i.,,...r r... o ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: SUP 2016-06, Ordinance No. 3446, Public Hearing and consideration of a request from Arcadia Land Partners for a Special Use Permit for single-family cottage lots less than 40 feet wide in the Home Town Canal District located in the 8800 block of Bridge Street. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: Arcadia Land Partners is requesting a Special Use Permit for 22 single-family cottage lots within the Home Town Canal District. The lots are located east of the lakes on the north side of Bridge Street between the phase currently being developed and Ice House Drive. GENERAL DESCRIPTION: This is the next proposed phase of development for the Home Town neighborhood and is located just north of the phase currently being developed along Bridge Street. This phase would complete the block bound by Bridge Street, Ice House Drive, and the Home Town Lakes. The developer intends to continue the same development theme and pattern as the other developing phase, including a diverse mix of 39 townhomes, 22 cottage lots, and 27 standard single-family lots. The Special Use Permit is for 22 lots that are less than forty feet wide ("cottage lots"). These 35-foot and wider lots would feature two-story 30-foot wide homes. The codified minimum unit size is 1,200 square feet, but their current plans call for units between 1 ,700 and 2,500 square feet. The units are all at least three-bedroom, two or more bathrooms, with two examples of a four-bedroom product. All front building elevations must meet the minimum architectural requirements set in the Town Center code. TOWN CENTER REGULATING PLAN & ZONING: The area of the proposed cottage lots is within Tracts 3A & 3B of the Neighborhood General subzone of the Town Center zoning district. The Neighborhood General zone primarily consists of single-family uses with the opportunity for limited office use in a house. Tract 3A/3B specifically stipulates that multi-family units are not permitted, but it does allow 94 townhome units. Section 118-471(4a), Table of Allowed Building Types in the Town Center zoning district also states that small lots less than forty feet wide with a detached house (cottage) are permitted in the Neighborhood General and Neighborhood Center subzones with City Council approval of a Special Use Permit and only east of the Lakes. ?g1kH NORTH KICHL,AND HILLS COTTAGE BUILDING STANDARDS: The same lot and building standards of standard single-family lots also apply to cottage units. The Town Center code places additional architectural requirements on cottages above and beyond the minimum standards of single-family and townhome lots. These additional requirements are in place to guarantee a higher level of quality and craftsmanship in the units. The applicant has indicated that Phase 5A will be consistent in standards to Phase 4 currently under construction. The following architectural features will be required as part of a special use permit on all single-family detached cottage dwelling unit buildings on lots between 30 feet and less than 40 feet in width, as measured at the front building line. • Front (or Charleston-style side) porch • Porch roof or second story porch • Roof overhang of one foot minimum on the street facade unless the architectural style (i.e. French Country) calls for a smaller overhang • Finished or decorative soffit on roof overhang • Cementitious horizontal siding construction must have a minimum 4-inch wide rake boards, corner boards, and window and door trim. • Brick construction must have soldier course or arch over doors and windows and along roof rake • Stucco/EIFS construction must have decorative or raised head and sill at windows and doors and along roof rake on the street facade. • Finished floor elevation at least three six-inch risers above grade at building frontage, unless topography makes this unfeasible. • Windows: single or double hung, and divided light on the street facade. Casement windows are allowed when architecturally appropriate. • Porch columns: decorative in traditional style • At least three of the following ornamentations required on the primary street facing front: • Porch and step railing with balusters • Decorative gable feature • Decorative window molding or lintels • Attic window or dormer • Soffit/eave running trim • Window shutters • Ornamental roof top feature • Picket fence IqRH • At least two of the following porch ornamentations required on all buildings: o Turned balusters with finials • Spandrel and bracket additions • Porch ceiling fan • Porch swing • Lighting sconce TOWNHOMES REDUCED BY 21 UNITS: The Town Center zoning originally allowed a maximum 120 townhome units within Tract 3A/3B. The prior SUP approval for cottage lots in July 2014 reduced this number to a maximum of 94 townhome units. Rather than these proposed 22 cottage lots being in addition to those 94 townhome units, a zoning ordinance text revision will further reduce this from 94 to 73 units. Because this plan builds out Tract 3A/3B with 69 townhome units, the developer has the option to convert some of the single family lots back to four townhome units. DRC-APPROVED CONCEPT PLAN: On April 4, 2012, the Development Review Committee approved the Concept Plan for the Home Town Canal District. While the lots were not detailed on the Concept Plan, the proposed cottage lots fit into the land use pattern and street network for this phase and replace what would otherwise be developed as townhomes. STAFF REVIEW: For the following reasons, staff has not seen any issue with this proposal and is recommending approval to the Planning and Zoning Commission and City Council: 1. The request replaces attached townhome lots with detached single-family lots. The applicant/owner has also agreed to reduce the total number of townhomes entitled in this area of Home Town from 94 to 73; 2. This application adds diversity and options of product type. If approved, this phase would feature 39 townhome lots, 22 cottage lots, and 27 standard single family Home Town lots; 3. The cottage units would conform to the established minimum architectural requirements; and 4. Because of lot area and unit size, the cottage units will likely be priced between the townhomes and the more expensive garden homes, offering varying price points in the neighborhood. 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 MRH 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 22 single- family detached cottage lots in the Home Town Canal District. The cottage lots generally range from 30 to 40 feet in width. The cottages are subject to the general architectural and building material standards of the Town Center 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. The Planning and Zoning Commission approved the preliminary plat for this property at the January 19, 2017, meeting. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the January 19, 2017, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3446. Mid Cities Blvd 0 r- --I: ae = r � � D m Walker Creek Elementan, �r er `CHL,q o NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS 9��j ::' PLANNING AND ZONING COMMISSION rEx AND CITY COUNCIL Case Number: SUP 2016-06 Applicant: Arcadia Land Partners 25, Ltd Location: 8800 block of Bridge Street You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to consider a request from Arcadia Land Partners 25, Ltd for a Special Use Permit for Single Family Cottage lots less than forty feet wide in the Home Town Canal District located in the 8800 block of Bridge Street. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JANUARY 19, 2017 CITY COUNCIL 7:00 PM MONDAY, FEBRUARY 13, 2017 Both 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 BIRDVILLE INDEPENDENT SCHOOL DISTRICT ARCADIA LAND PARTNERS 25 LTD NYTEX SPORTS LLC ATTN: MIKE SEALE 3500 MAPLE AVE STE 1165 804 MEANDERING WOODS DR 6125 EAST BELKNAP DALLAS TX 75219-3948 KELLER TX 76248-8463 HALTOM CITY, TX 76117 ENCLAVE AT HOMETOWN LP WEEKLEY HOMES LLC ARCADIA NRH4 HOMETOWN LLC 3100 W SOUTHLAKE BLVD STE 120 3301 N INTERSTATE 35 3500 MAPLE AVE STE 1165 SOUTHLAKE TX 76092-6770 CARROLLTON TX 75007 DALLAS TX 75219 LYLE LULU CB JENI HOMETOWN LLC PARK KUN SOON 8757 MCDONOUGH ST 2805 NORTH DALLAS PKWY SUITE 400 PARK NATALIE NRH TX 76180 PLANO TX 75093 8785 BRIDGE ST NRH TX 76180 rir/%�r/ III I E cn � d CL /?„ NY>o�, +'� / r , �luw- � , �a 'I M: U �l rr z Cl nn II (A Z i i C cz 0 jjMll H � I 2 iiiiiii x m.�� o wnrrt f ���yr5aia IIIIIIIII';, i s,�d1 ,L E E z E E _ E w 2 1! 2 E O 2 8 -------------------—---------- A'2 E ui 0. 0 T I M LLJ S cc z S uj M IM cc cc LLJ u.i eta A El H - - - eve uj LU 11 11 11 H Z v�z .... ...... 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LL - -- - ----- ...... ----------------------- ------- O M J!r LU � r / f w � �' y l� w 02 m jy Al�jll% '; v c E�a ngo RE LU ui rn co 10 cn 0 T7 I�Lu LU 02 gE 11 - —------------------------------------------- ---—--—--- - —- -------- �' \ ���� � \ \ \ / / : « % �» . • a. j a 00> .2n , E O E E E 2 2 0 -H E LLJ uj co W O cc ui SSS LLJ LU LL LL 96 rs LO ——----------------------------........... Jv ai I IT- ........................................................ P t Y, �I m m OD „ li iil 4 1 /� nM I A R C A D I A October 7th, 2016 Mr. Clayton Comstock Planning Manager City of North Richland Hills 4301 City Point Dr. 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 23 detached Casita home lots in Phase 5 of HomeTown. Thank You for your Assistance, Katherine Hodge Hamilton Project Manager 3500 Maple Avenue Su t c I W) DaIIasJex,i,.,, 7571 `? PHONE: 972-7/4-91 f FAX ')/2-771-91 1 1 Excerpt from the January 19, 2017 Planning &Zoning Commission Meeting Minutes C.6. SUP 2016-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ARCADIA LAND PARTNERS FOR A SPECIAL USE PERMIT FOR SINGLE-FAMILY COTTAGE LOTS LESS THAN 40 FEET WIDE IN THE HOME TOWN CANAL DISTRICT LOCATED IN THE 8800 BLOCK OF BRIDGE STREET. APPROVED Planning Manager Clayton Comstock introduced the Special Use Permit and Preliminary Plat requests. Chairman Randall Shiflet opened the public hearing. Applicant Katherine Hodge with Arcadia Partners, 3500 Maple Avenue, Dallas, TX 75219 provided details about the SUP and plat requests. Commissioner Mike Benton asked if the canal will maintain water consistently. Ms. Hodge responded yes. Water will recirculate and maintain at a constant level. Commissioner Benton asked about the depth of the canal. Ms. Hodge said the depth will be around two feet in this area. Ex-Officio Jerry Tyner asked if the proposed canal will drain into the existing HomeTown lakes. Ms. Hodge said it doesn't necessarily drain into the lake but it will recirculate from there back up to the pond. Ex-Officio Tyner asked where the current drainage through that area will go under the new scenario. Ms. Hodge stated that current drainage will be piped underground and get into the pond from there. Ex-Officio Tyner said that foul balls from the Birdville baseball stadium land right where the homes are proposed in Phase 5B. There was a discussion about the foul ball situation. Planning Manager Comstock provided details about the requests in the staff report. Chairman Shiflet asked about the homes that would face the canal and the addresses that they would be assigned. Mr. Comstock replied that it will be the same situation as the existing mews addresses on the west side of the lakes. Chairman Shiflet called for anyone wishing to speak to come forward. Seeing no one, he closed the public hearing. A MOTION WAS MADE BY COMMISSIONER BENTON, SECONDED BY COMMISSIONER LUPPY TO APPROVE SUP 2016-06. MOTION TO APPROVE CARRIED 7-0. ORDINANCE NO. 3446 ZONING CASE SUP 2016-06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL USE PERMIT FOR 22 SINGLE FAMILY COTTAGE LOTS LESS THAN FORTY FEET WIDE IN THE HOME TOWN CANAL DISTRICT ON 12.196 ACRES IN THE HOME TOWN CANAL DISTRICT; 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 single family cottage lots less than forty feet wide in the Town Center zoning district ; 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 single family cottage lots less than forty feet wide; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on January 19, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 13, 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. 3446 SUP 2016-06 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 twenty-two (22) single family cottage lots less than forty feet wide on 12.169 acres 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 with the architectural standards as required by Section 118-471(12)C of the Town Center zoning district. 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 Ordinance No. 3446 SUP 2016-06 Page 2 of 4 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 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 AND APPROVED on the 13th day of February, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Ordinance No. 3446 SUP 2016-06 Page 3 of 4 Maleshia Farmer, City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance No. 3446 SUP 2016-06 Page 4 of 4 b � x M maNOMA,, uNw�rn<r ar can 4 ti a CL } / �ri / �u� � � 1� r iii✓i zp /���a/ i cer� �w �p'//fV " �" Xi/1rp / a UO uj r a � r fl✓j // rtfiPi �//i/�rr i%rf rri / 1l r//"�// m` W "l �fig✓ or /i o 4- /i Lu i- / Z 9 / \+ �w U ILU ui mp ;y ro apo .p � x 1 �.wW� ��� � '" 'k,.4`� ��` a yyy✓��✓�r"4�Supy , r , Pl �' JAu \ l i W° }4 3 r Z „m s j a ma ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: ZC 2016-08 Public Hearing and consideration of a request from Torino, LLC for a Zoning Change from AG Agricultural to R-1 Single Family and R-2 Single Family located at 7509 Chapman Road. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: The Planning & Zoning Commission held a public hearing and considered this zoning change request on February 2, 2017 and voted 6-0 to recommend denial. The applicant has since requested to withdraw the application. RECOMMENDATION: Announce the case has been withdrawn by the applicant. No further action is necessary. c c� E c� a 10 MO ea d d 1, �/,� i ,! j� ?, 1 , f." '' I it �' , Li a i� ��/ j LL aim ',%,. „�„ imr� ,rv�, '. 3 0 0' � I��� � �7 ula � � � � VVVVVVVV i i uu ii ��i 'i -� ��/�Y � I Q1jD/�� � II L� , i � r // m �/, m l �%, !% /, , »�� m��,�"iiii �j �, i � �, s„ �, ,,,� a-, �. � Ch`a "man Dr�f��uf',',%������� 1. umyu�. X8.11„ i,l')i, / ar err/ ai r rl / IY 1'� 7 a %/�� iii//i�r I�/%i�g;�/ J rlr////!t !f, �r,ilry�//'Grlrri�rr�/po1J p 1 A YI(f ��, //i /��p�try NJrff ���r //drri/%/l/iJl%d/!///1J! " %N�i/��' i 9/1111//Jf-r (�/f((lfNiJj�^/�rrm'Ir�a�/��an �•�� m 1 7 � a ,n �� �� �� � � mV ' �� � i i f // � � l%� Vii;! %/ir,' �aI v� % � r ,� �Ja�riie Renee Ln ��' �� � X51 1�� �� U � � 4s '6. �; r� Irr ���� � '' � j mom , "�w ��1 I v� 'i� i � n. 66u �',NI���� �� "` 7o"�Y� '� d � ii m" ��I%�;� �'�� 1�� i ��+ '�" r, i�/ , ii/ ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: ZC 2016-20, Ordinance No. 3444, Public Hearing and consideration of a request from the Birdville Independent School District for a Zoning Change from R-2 Single Family to U School, Church, and Institutional located at 4800 Rufe Snow Drive and 4801 Vance Road. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Birdville Independent School District (BISD), Conan Mathson is requesting a zoning change from R-2 Single Family Residential to U School, Church, and Institutional for two existing school campuses: North Richland Middle School (4800 Rufe Snow Drive) and Snow Heights Elementary School (4801 Vance Road). GENERAL DESCRIPTION: The primary purposes of the zoning request are to better reflect the actual use of the property and to bring the properties into alignment with the land use plan. BISD proposes to rezone two school campuses into the U School, Church, and Institutional district. This zoning district is specifically designed for educational, religious, and institutional uses. BISD has also indicated plans to construct new signage for North Richland Middle School. The U zoning district would permit the school to incorporate an electronic message board into a new monument sign. Electronic message boards are permitted in the U zoning district. During the Planning and Zoning Commission public hearing on January 19, 2017, three residents expressed concerns about an electronic sign being located near the middle of the neighborhood. At that time, the sign location was undetermined. Since the meeting, BISD reached out to the residents to discuss the zoning change and sign. The proposed location for the sign is the southeast corner of Rufe Snow Drive and Marilyn Lane. An exhibit showing the sign location and proposed appearance is attached. The zoning request also includes Clyde Zellers Park, which is located on the Snow Heights Elementary School property. The zoning change will not affect the use of the property as a public park. ?g1kH NORTH KICHL,AND HILLS COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Public/Semi-Public." This designation is intended to permit non-profit activities of an educational, religious, governmental, or institutional nature. Schools, churches, hospitals, government buildings, fire stations, and water towers are considered public/semi-public areas. CURRENT ZONING: The property is currently zoned R-2 Single-Family Residential. PROPOSED ZONING: The proposed zoning is U School, Church, and Institutional. This district is intended to permit only non-profit activities of an educational, religious, governmental, or institutional nature. SURROUNDING ZONING I LAND USE: North: R-2 Single-Family Residential Low Density Residential West: R-2 Single-Family Residential Low Density Residential South: R-2 Single-Family Residential Low Density Residential East: R-2 Single-Family Residential Low Density Residential PLAT STATUS: The property is currently platted as Blocks 25 and 26, Snow Heights Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the January 19, 2017, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3444. T4� or L 0 3 0 c d w a� auna r EM TrIT[I-TR N n NRH C 2016-20 Zoning Change: -2 to 4800 Rufe Snow Dr & 4801 Vance Rd Feet Prepared by Planning 01/05/17 0 100 200 400 600 800 f %�/;�. r ////M �s r„ / , Y( r/ r/��///i �j" j Illllllllllluuulllll���lllllll YIIIII '/% � Jj� ''"•' e R rl i l w Y l r✓ If /Kn ' b Ifdl' III r G/ p, /c efr ff II „ r 9 / Uri ff% r ! r r 0 `CHL,q o NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS 9��j ::' PLANNING AND ZONING COMMISSION rEx AND CITY COUNCIL Case Number: ZC 2016-20 Applicant: Birdville Independent School District Location: 4800 Rufe Snow Dr & 4801 Vance Rd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to consider a request from the Birdville Independent School District for a Zoning Change from R-2 Single Family to U School, Church, Institutional located at 4800 Rufe Snow Drive and 4801 Vance Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JANUARY 19, 2017 CITY COUNCIL 7:00 PM MONDAY, FEBRUARY 13, 2017 Both 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 BIRDVILLE ISO WIEDER MARTY EVANS MARY 6125 E BELKNAP ST WIEDER BONNIE 4725 RUFE SNOW DR FORT WORTH TX 76117-4204 6637 QUAIL RIDGE DR NRH TX 76180-8103 FORT WORTH TX 76180-8131 LYKSETT JOYCE WILDCAT RESERVE LLC Attention: LYKSETT REVOCABLE LIVING LAVIGNE GUY 6628 CARSTON CT TRUST 4809 RUFE SNOW DR FORT WORTH TX 76180-7843 4805 RUFE SNOW DR FORT WORTH TX 76180-7835 FORT WORTH TX 76180-7835 BROTHERS VIOLETA RISCHON DEVELOPMENT CORP MCKINNEY JERRY 4813 RUFE SNOW DR 6003 SUNDERLAND DR 2603 TORREY PINES DR FORT WORTH TX 76180-7835 COLLEYVILLE TX 76034-5329 FORT WORTH TX 76109-5513 DENT CORY R ADAMS WANDA W PRICE HELEN A 4901 RUFE SNOW DR 6700 KAREN DR 6704 KAREN DR NORTH RICHLAND HILLS TX 76180-7837 FORT WORTH TX 76180-7930 FORT WORTH TX 76180-7930 COTTON JERRY L MASSEY CAROLYN G BROHOLM RUTH H 6708 KAREN DR 6712 KAREN DR 6716 KAREN DR FORT WORTH TX 76180-7930 FORT WORTH TX 76180-7930 FORT WORTH TX 76180-7930 SINE ROBERT W MEJIA JOSE LUIS TALLANT KIRK A SINE DEBRA L 6724 KAREN DR TALLANT CHERYL A 6720 KAREN DR NRH TX 76180-7930 6728 KAREN DR FORT WORTH TX 76180-7930 FORT WORTH TX 76180-7930 MARWITZ GREG LAUNIUS DAVID C PATTERSON DALE E 6732 KAREN DR LAUNIUS BELINDA L PATTERSON LINDA NRH TX 76180-7930 6736 KAREN DR 6740 KAREN DR FORT WORTH TX 76180-7930 FORT WORTH TX 76180-7930 PHILLIPS TOMMY SOLLID BRYAN FARRELL STEVEN WAYNE 6744 KAREN DR SOLLID RACHEL FARRELL VIRGINIA RENEE NRH TX 76180 6748 KAREN DR 6753 MARILYN LN NRH TX 76180-7930 NRH TX 76180 OCHOA RAFAEL J 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TX 76180 RICHARDSON TX 75083-5047 MCMAHON PEGGY J MAGERS KENDRA YVONNE CURRENT OWNER 4904 CATON DR 4905 VANCE RD 6901 MARILYN LN NRH TX 76180-7934 NRH TX 76180-7937 NRH TX 76180-7934 RAAHAUGE GINNA K ATKINS KATRYNA W HERNANDEZ KAY JESSICA RAAHAUGE JASON Attention: KATRYNA W ATKINS TRUST 4904 VANCE RD 10485 GARCIA LN PO BOX 27817 GILROY CA 95020-9242 PANAMA CITY FL 32411 NRH TX 76180-7936 HILL CLINTON CORINTHRONS HAWKINS KATIE AIDA VENTURES LLC 7001 MARILYN LN 7005 MARILYN LN 2016 THOMAS PL NRH TX 76180-7957 FORT WORTH TX 76180 FORT WORTH TX 76107 WILSON JEANETTE CAMERON GLOVER JASON RUSSELL CATHY E 7004 MARILYN LN GLOVER SHANNON 7005 OAKLAND LN FORT WORTH TX 76180-7958 7001 OAKLAND LN FORT WORTH TX 76180-7971 NRH TX 76180-7971 POWELL JAMES H MORRIS WENDELL D POWELL SHIRLEY J MORRIS DOROTHY GCS PROPERTIES 7000 OAKLAND LN 7004 OAKLAND LN BOX 50703 DE FORT WORTH TX 76180-7970 FORT WORTH TX 76180-7970 NTON TX 76206-0703 WILLIAMS JOHN R MCREYNOLDS STEPHEN HOWARD WILLINGHAM JONA LIVING TRUST 7005 SHAUNA DR MCREYNOLDS SHELBI MARIE 7004 SHAUNA DR NRH TX 76180 7000 SHAUNA DR NRH TX 76180-7974 NRH TX 76180 SCHMIDT KENNETH WEEMS LLOYD B BUDD RICHIE SCHMIDT DEBORAH WEEMS LINDA R 7001 RIVIERA DR 6929 RIVIERA DR RIVIERA DR NRH TX 76180-8192 NRH TX 76180-8209 FORT WORTH TX 76180-8192 NRH VEREEN GISELA C SHEEGOG BOB E WILKERSON MARK A Attention: GISELA C VEREEN 6901 RIVIERA DR 6809 RIVIERA DR 6533 VASCO WAY FORT WORTH TX 76180-8192 NRH TX 76180-8149 EL PASO TX 79912 SPRADING STEPHEN R CALLAWAY SANFORD TYE III STEBLEIN SUZAN B 6805 RIVIERA DR 6801 RIVIERA DR 6749 RIVIERA DR FORT WORTH TX 76180-8149 NRH TX 76180-8149 FORT WORTH TX 76180-8121 FLETT PAUL W KENNEDY CHARLES D TUCKER JERRY 27 CHAPARRAL DR KENNEDYLAURA TUCKER RAYLENE KERRVILLE TX 78028-610 6741 RIVIERA DR 6737 RIVIERA DR FORT WORTH TX 76180-8121 FORT WORTH TX 76180-8121 MURPHY HANNAH C WHITEHEAD TIMOTHY L DODD WILLIAM JR MOON HUTTON E 6729 RIVIERA DR Attention: DODD FAMILY TRUST 6733 RIVIERA DR NRH TX 76180-812 6725 RIVIERA DR NRH TX 76180 FORT WORTH TX 76180-8121 DEEGAN DENNIS G STEVENS MARGARET ANNE DEEGAN ELAINE FOSTER MARYANN 6721 RIVIERA DR Attention: DEEGAN FAMILY TRUST 6715 RIVIERA DR FORT WORTH TX 76180-8121 45 PERIWINKLE RD NRH TX 76180-8121 MONETA VA 24121-5839 GLEIM PAUL PHERIGO WILLIAM GALLAGHER BARBARA EICHHORN 1306 PEBBLE CREEK DR PHERIGO BEVERLY 6912 SHAUNA DR EULESS TX 76040-6455 6711 RIVIERA DR FORT WORTH TX 76180-7966 FORT WORTH TX 76180-8121 SAICHUA THIRASK SMITH JOSHUA SAICHUA W INCOM SMITH RASHAE 6900 SH AUNA DR T MARSHA HALE 6908 SHAUNA DR 6904 SHAUNA DR OR SHAUNA F NRH TX 76180-7966 NRH TX 76180 FORT WORTH TX 76180-7966 HOPPE CHARLES JR PALMER ADAM S CARPER JUANITA HOPPE JANINE PALMER REBECCA A CARPER CHARLES 6808 SHAUNA DR 6804 SHAUNA DR 6800 SHAUNA DR NRH TX 76180-7988 NRH TX 7618 FORT WORTH TX 76180-7988 MCCALMAN DAVID PRESLAR JEAN G BOWERS JOHN S 5005 NE 28TH ST 6744 SHAUNA DR BOWERS SHARRI D FORT WORTH TX 76117-4416 FORT WORTH TX 76180-7964 5712 BRIARCLIFF RD HALTOM CITY TX 76117 PATINO RAFAEL HURST CLIFFORD G FRIDAY PAUL P PATINO BERTHA RUIZ 6732 SHAUNA DR 5300 PAR DR APT 2211 6736 SHAUNA DR FORT WORTH TX 76180-7964 DENTON TX 76208-6768 NRH TX 76180-7964 XAYBANHA DONNA CURRY BRENDA LEE STEVENS TINA L 6724 SHAUNA DR 6720 SHAUNA DR 6716 SHAUNA DR NRH TX 76180-796 FORT WORTH TX 76180-7964 NRH TX 76180-7964 HORNE CURTIS MORRISON J MICHAEL WILD DANIEL 6712 SHAUNA DR MORRISON PATRI WILD KAYE NRH TX 76180-7964 6708 SHAUNA DR 6704 SHAUNA DR FORT WORTH TX 76180-7964 NRH TX 76180 COSMAN CORNEL SANDOR GABRIELA 6700 SHAUNA DR FORT WORTH TX 76180-7964 l ,.� 1 .1_.l._II = a, �, 3 a W u N _ ~ o f N v r q r �qe mo . 5 C ICU �n w _ � " 0 3mY � w s C: U j N D `o IN to i bA C v CL r r it u r i� /r ✓ rn rrr �✓i/'/i'i/�l/ / � NSF II A7 i � rnnn�jpq �+�✓rrr,r r (��r �,,,,,i, ' o.,.a j O i1�' 7C 0 Ir c0i w 00 Z ct or i fir..wwwm ✓i r calk ..o G fin.,,,({ I I �r 'IP✓f r�� ri p'Ipyi�ii' /rill% ���Jli�i//'(9iiiiiii»> ✓y� / LU W r�l/rr r //l r✓r it P/ / //r//i "� °r0 f�/v,ni,j 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I i 1Y ________ T. 1� r I f i / (V ��' IIIIIIIIIII�I� 0 r F of ORDINANCE NO. 3444 ZONING CASE ZC 2016-20 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING 13.13 ACRES OF PROPERTY LOCATED AT 4800 RUFE SNOW DRIVE AND 4801 VANCE ROAD FROM R-2 (SINGLE FAMILY RESIDENTIAL) TO U (SCHOOL, CHURCH, AND INSTITUTIONAL); 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 Comprehensive Land Use Plan Map provides guidance for future development in conformance with the adopted Comprehensive Land Use Plan; and WHEREAS, the owner of the property containing approximately 13.13 acres of land located at 4800 Rufe Snow Drive and 4801 Vance Road (the "Property") has filed an application to rezone the Property from its present classification of R-2 (Single Family Residential) to U (School, Church, and Institutional); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on January 19, 2017, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 13, 2017, with respect to the zoning change described herein; and Ordinance No. 3444 ZC 2016-20 Page 1 of 4 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 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 rezoning from R-2 (Single Family Residential) to U (School, Church, and Institutional) 13.13 acres of property described as Blocks 25 and 26, Snow Heights Addition, North Richland Hills, Tarrant County, Texas, commonly referred to as 4800 Rufe Snow Drive and 4801 Vance Road. Section 2: That the official zoning 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 U (School, Church, and Institutional) zoning, as set forth above. Section 3: 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 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. 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 Ordinance No. 3444 ZC 2016-20 Page 2 of 4 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 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 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of February, 2017. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Ordinance No. 3444 ZC 2016-20 Page 3 of 4 Approved as to form and legality: Maleshia Farmer, City Attorney Ordinance No. 3444 ZC 2016-20 Page 4 of 4 Excerpt from the January 19, 2017 Planning &Zoning Commission Meeting Minutes C.2. ZC 2016-20 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT FOR A ZONING CHANGE FROM R-2 SINGLE FAMILY TO U SCHOOL, CHURCH, AND INSTITUTIONAL LOCATED AT 4800 RUFE SNOW DRIVE AND 4801 VANCE ROAD. APPROVED Principal Planner Clayton Husband introduced the zoning request. Chairman Randall Shiflet opened the public hearing. Applicant, Brenton Hite with PBK Architects, 14001 Dallas Parkway, Dallas, TX presented the request. Mr. Husband provided details about the request. Barbara Gallagher, 6912 Shauna Dr, spoke in opposition to marquis signs in residential neighborhoods. Cliff Hurst, 6732 Shauna Drive, expressed his concern for the placement of the new school building, particularly the height of the wall along Shauna Drive. Cynthia Maine, 6741 Karen Drive, is concerned about a marquis sign and asked that if a sign was approved that it be located along Rufe Snow Drive. Chairman Randall Shiflet closed the public hearing. Commissioner Don Bowen motioned to approve ZC 2016-20, seconded by Commissioner Steven Cooper. Commissioner Bowen said that this request is just for zoning, but he would like for staff to explain the type of signage that is being requested and the allowable dimensions. Mr. Husband explained that monument signs that are a maximum of seven feet tall are permitted in the zoning category. Additionally, the sign area is limited to 75 square feet and total structure area is limited to 100 square feet. A pole sign is not being requested. Commissioner Bowen asked if this will be a digital sign. Mr. Husband explained that any digital portion of the sign may only take up two-thirds of the total sign area. Commissioner Mike Benton asked if the city or school district determines the location of the sign. Mr. Husband replied that it is generally up to the property owner as long as the chosen location meets the setback, height, and sight visibility requirements. Commissioner Benton questioned if the applicant would be open to moving the sign to another location. Mr. Husband stated that he has not had discussions with the applicant about the sign. Chairman Shiflet asked if the city sign regulations regarding brightness apply in this case. Mr. Husband replied that the regulations limit the electronic portion of signs to a low intensity amber lighting that must not flash, blink, scroll or display animation. The best example is the electronic message board sign at Fort Worth Christian School. Commissioner Mark Haynes asked if there is a way to stipulate anything regarding the sign as a part of the zoning change. Mr. Husband replied that the sign code is separate from the zoning code. A MOTION WAS MADE BY COMMISSIONER BOWEN, SECONDED BY COMMISSIONER COOPER TO APPROVE ZC 2016-20. MOTION TO APPROVE CARRIED 7-0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: TR 2017-01, Ordinance No. 3448, Public Hearing to consider amendments to Section 118-631, Table of Permitted Uses, of the North Richland Hills Zoning Ordinance regarding quick service restaurants. PRESENTER: Clayton Husband, Principal Planner SUMMARY: A revision is proposed to the Zoning Ordinance related to Section 118-631 Table of Permitted Uses. The revision would require that quick service restaurants be approved by special use permit in the C-2 Commercial, OC Outdoor Commercial, and Town Center zoning districts. GENERAL DESCRIPTION: On November 9, 2015, City Council approved Ordinance No. 3382, which made several amendments to the zoning ordinance related to restaurants and drive-through service. As part of these amendments, three new land use types for restaurants were added to the land use tables. These include full service restaurant, fast casual restaurant, and quick service restaurant. The uses are allowed either by right or by special use permit in the individual zoning districts. The 2015 NRH Citizen Survey indicated that NRH residents desire more full-service restaurants over quick service restaurants. When residents were asked what type of businesses they would like to see more of in their area of the city, 52% responded with "full service restaurants" and only 12% responded with "drive-through restaurants." A majority of the write-in responses also referred to specific businesses that identify with the "full service" or "fast casual' restaurant type. Over the past four years, fast casual and quick service restaurants continue to develop at a faster pace than full-service restaurants, with many vacant pad sites still available for development. Quick service restaurants are currently permitted by right in the C-2 Commercial and OC Outdoor Commercial districts, and by special use permit in all other non-residential zoning districts. To ensure that quick service restaurants are appropriately located within the community and compatible with the neighborhood context, the following text revision is proposed. ?g1kH NORTH KICHL,AND HILLS The revision would amend Section 118-631 Table of Permitted Uses to require a special use permit for a quick service restaurant in the C-2 Commercial, OC Outdoor Commercial, and Town Center zoning districts. The revised land use table would read as follows. For clarity, other uses and the residential districts are not shown. [#] = Conditions.Reference Section 118-633 for SECTION 118-631:TABLE OF PERMITTED USES specific conditions to listed uses. TOWN NON-RESIDENTIAL DISTRICTS CENTER P - Permitted by Right S - Special Use Permit Required [Blank] - Not Permitted NP = Not Permitted c B= Defers to Base Zoning District v v 3 A=Ancillary o r. V O V V O Q l9 V V 1111,E NEE Restaurant,quick service 26 S 5 S S 5 S 5 5 5 B Text revisions such as these are considered periodically to ensure that the zoning code is aligned with City goals and policies, is current with technology and industry changes, and that vague or unclear language is eliminated. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the February 2, 2017, meeting and voted 6-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3448. ORDINANCE NO. 3448 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTION 118-631 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO QUICK SERVICE RESTAURANTS; 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 2015 North Richland Hills Citizen Survey indicated that 52% of residents desire more full-service restaurants in their area of the city and 12% of residents desire more drive-through restaurants; and WHEREAS, the physical characteristics of quick service restaurants and drive through service can affect the scale and quality of development compatible with the character of the community; and WHEREAS, the expansion of quick service restaurants should be monitored in order to establish an optimal mix of commercial, restaurant, retail, and office establishments that best serve the varied needs of residents and consumers; and WHEREAS, the City Council desires to ensure that quick service restaurants are appropriately located within the community and sensitive to the neighborhood context; 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; 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 the 'Restaurant, Ordinance No. 3448 Page 1 of 3 quick service" land uses in Section 118-631(a) Table of Permitted Uses of Chapter 118 of the North Richland Hills Code of Ordinances to read as follows: [#] = Conditions.Reference Section 118-633 for SECTION 118-631:TABLE OF PERMITTED USES specific conditions to listed uses. TOWN NON-RESIDENTIAL DISTRICTS CENTER P = Permitted by Right S = Special Use Permit Required [Blank] = Not Permitted NP = Not Permitted B= Defers to Base Zoning District _0 _ R v A =Ancillary o -+ .-+ N N a v v o m V O V V O Q t7 V U Restaurant,quick service 26 S S 7SSJS7S S 5 5 B 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 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. Ordinance No. 3448 Page 2 of 3 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. AND IT IS SO ORDAINED. Passed on this 13th day of February, 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. 3448 Page 3 of 3 Excerpt from the February 2, 2017 Planning &Zoning Commission Meeting Minutes C.3. TR 2017-01 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO SECTION 118-631, TABLE OF PERMITTED USES, OF THE NORTH RICHLAND HILLS ZONING ORDINANCE REGARDING QUICK SERVICE RESTAURANTS. APPROVED Principal Planner Clayton Husband presented the staff report for the text revision on behalf of the city. Chairman Randall Shiflet opened the public hearing and called forward those wishing to speak. Seeing no one, he closed the public hearing and called for a motion. A MOTION WAS MADE BY COMMISSIONER COOPER, SECONDED BY COMMISSIONER HAYNES TO APPROVE TR 2017-01. MOTION TO APPROVE CARRIED 6-0. l **J1kH NORTH RICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: FP 2016-15 Consideration of a request from Britton and Ashley New for a Final Plat of Lots 7 and 8, Block 2, Creekside Estates Addition on 1.00 acres located in the 8700 block of Stewart Drive and an associated Developer Agreement for municipal infrastructure costs. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Britton and Ashley New are requesting approval of a Final Plat of Lots 7 and 8, Block 2, Creekside Estates Addition. This 1.00-acre two-lot subdivision is located on the south side of Stewart Drive east of Simmons Road. The proposed final plat is consistent with the preliminary plat approved by the Planning & Zoning Commission on January 19, 2017 and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The owner proposes to create two lots for the construction of single-family houses on the property. Lot 7 is 92.5 feet wide and 18,449 square feet in area. Lot 8 is 114 feet wide and 23,102 square feet in area. The common property line between the two lots was adjusted after Planning and Zoning Commission approval to make Lot 8 slightly wider and larger, but both lots still exceed the minimum standards of the R-1 Single Family Residential zoning district. The surrounding properties are developed with single-family residences, with a mix of large estate lots and traditional single-family lots. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low-density single-family detached dwelling units. THOROUGHFARE PLAN: The development has frontage on Stewart Drive, which is classified as an R2U Residential roadway. An R21J roadway is a two-lane undivided local street with an ultimate right-of-way width of 50 feet. The plat includes a right-of- way dedication of approximately 10 feet (2,000 square feet) for Stewart Drive. CURRENT ZONING: R-1 Single-Family Residential. The preliminary plat is consistent with the R-1 zoning standards. P41tH NORTH RICHLAND HILLS SURROUNDING ZONING I LAND USE: North: R-2 Single Family Residential Low Density Residential East: R-2 Single-Family Residential Low Density Residential South: R-2 Single-Family Residential Low Density Residential West: R-1 Single-Family Residential Low Density Residential DEVELOPER AGREEMENT: Approval of the final plat includes approval of the attached developer agreement. This agreement documents the obligation of the developer to pay the City's cost of constructing the following public infrastructure improvements: • Approximately 405 linear feet of six-inch sanitary sewer lines • Three (3) sanitary sewer service connections • One (1) sanitary sewer manhole The improvements will be installed by the City. The developer has agreed to pay $30,006.81 to the City, which is the roughly proportionate share of these improvements for the development. ROUGH PROPORTIONALITY DETERMINATION: The public improvements indicated on the public infrastructure plans for Creekside Estates, Block 2, Lot 6 include sanitary sewer and drainage facilities are needed to support the development of the Creekside Estates, Block 2, Lots 7-8. All such improvements are required and therefore the Developer is 100% responsible for the improvements included on the plans. Stewart Drive is currently an asphalt street without curb and gutter and utilizes bar ditches for drainage. In keeping with City standards, curb, gutter, sidewalks, and downstream drainage improvements in Simmons Road must be installed or funds escrowed to support this development. Given the existing conditions of Stewart Drive, funds must be escrowed as opposed to the curb, gutter, and sidewalk being constructed at this time. The Developer is dedicating land (2,000 sq. ft.) to the City as public right of way (ROW). The escrow costs for curb, gutter, sidewalk, downstream drainage improvements, and the value of the land dedicated for ROW is as follows: 0 - w Concrete Curb and Gutter 195 L.F. $ 30.00 $ 5,835.00 Concrete Sidewalks 86 S.Y. $ 50.00 $4,322.22 10' Curb Inlet(assessed at 15%) 1 EA $ 2,530.00 $ 379.50 24" RCP assessed at 15% 150 L.F. $ 55.00 $ 1,254.00 Value of Required Improvements $11,790.72 Credit for ROW Dedication 2,000 s . ft. $9,623.02 Cost for Public ROW Infrastructure improvements Less ROW Dedication 1 $ 2,167.70 P41tH NORTH RICHLAND HILLS The construction of these curb, gutter, sidewalks and downstream public drainage infrastructure, is required for the development of the Subdivision as proposed by the developer. Therefore, the developer will be required to assume 100% of the amount required for such sidewalks. Such amount ($2,167.70) is roughly proportionate to the proposed Subdivision. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLAT STATUS: The property is currently unplatted. The preliminary plat was approved by the Planning and Zoning Commission on January 19, 2017, by a 7-0 vote. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the January 19, 2017, meeting and voted 7-0 to recommend approval. RECOMMENDATION: Approve FP 2016-15 and the associated Developer Agreement. D � � o ti �0 U U L U Simmons Rd ?n , r;�i i i .,, ������i , � �, l/�� ��', �s � i�r,. a; ,.0 �i, � , i �� .i iii,. �us�: �('�';. �� �� / ii � �// / �- ,, �� /�/ �� �fnr, u i � , I;" f11 �%;`� ,,, L � ��/i�r 0 �' � � i ,,, 'Y�' ii i�I° �' "� 14 'I'III O "� � V� � �� �� y--+ "., �� � c� U / L p r'�� � Q .;e. 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I -- B t b = I £yloN u BFI = a It ggy Igo I „vim a.w � ya� NVM40i"G PI69 ¢d ww 5V O h¢ 81MM008 FOA6 DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS The parties to this agreement for municipal infrastructure costs ("Agreement") are the City of North Richland Hills ("City") and Britton New ("Developer"). This Agreement is to document the obligation of Developer to pay the City's cost of constructing certain municipal infrastructure improvements determined pursuant to section 212.904 of the Texas Local Government Code to be roughly proportionate to the development of the property owned by Developer, which is described as Creekside Estates; Block 2, Lots 7 & 8),North Richland Hills, Tarrant County, Texas ("Property"), and to document the nature and extent of the improvements to be constructed. WI'TNESSETH I. Developer has agreed to pay the amount of$30,006.81 ("Infrastructure Cost")to the City, within 30 days before the commencing of construction of the improvements described in paragraph 3 below. 2. Developer acknowledges and agrees: (a) that the Infrastructure Cost is the amount correctly determined to be roughly proportionate to the proposed development of the Property; (b) that this Agreement constitutes a contract as referenced in section 53.254 of the Texas Property Code; (c) that this Agreement is executed before any material is furnished or labor is performed regarding the construction of the improvements described herein; (d) that this Agreement must be executed by Britton New as Developer to be enforceable; (e) that this Agreement inures to the benefit of all persons who labor or furnish material for the City; (f) that this Agreement shall be filed by the City in the Tarrant County Deed Records to evidence Developer's waiver of any and all homestead rights Developer may have in the Property to the extent and amount of Developer's obligations evidenced by this Agreement; (g) that an Affidavit for Lien may be filed by the City in the "Tarrant County Deed Records to further secure Developer's obligations evidenced by this Agreement. DEVELOPER AGREEMENT PAGE 1 OF 3 3. The public infrastructure improvements to be constructed adjacent to the Property _ pursuant to this Agreement are as follows: • Approximately 405 linear foot of 6" sanitary sewer lines • 3 sanitary sewer service lines • 1 sanitary sewer manhole 4. Upon the City's receipt of the Infrastructure Cost and any interest due and owing under this Agreement, Developer shall be entitled to a release from the lien, Deed of Trust and Affidavit for Lien. 6. DEVELOPER AND TRUST, BY EXECUTING THIS AGREEMENT, FORMALLY WAIVE ANY AND ALL NOTICES OF LIEN REQUIRED TO BE GIVEN BY APPLICABLE LAW. Signed this the day of_ ,2017. CITY OF NORTH RICHLAND HILLS By:__ Mark Hindman, City Manager City's Mailing Address: 4301 City Point Drive P.O. Box 820609 North Richland Hills, Texas 76182 ATTEST: --- —----- ----------------- City Secretary DEVELOPER AGREEMENT PAGE 2 OF 3 DEVE10PER Britton New Date: ............. .. ........ Developer's mailing address: 2525 Carnation Avenue Fort Worth, Texas 76111 STATE OF TEXAS § � TERRY A LEWIS § March 26,2018 COUNTY OF TARRANT § This instrument was acknowledged before me on this date by who acknowledged to me that he executed the same for the purposes and consideration herein expressed. F00,'jil and for the Suite of Texas My commission expires: n f a DEVELOPER AGREEMENT PAGE 3OF3 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,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. 2017-160191 Britton New Fort Worth,TX United States Date Filed: ame of governmental entity or state agency that is a party tote contract for which the form is 01/31/2017 '.. 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. Creekside Estates Lots Creekside Estates Lots 7-8 Block 2 Sanitary Sewer Extension.405 of Sewer line installed,three sewer taps,one man hole. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary New,Britton Fort,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFF1D ,., swear,or a irm,under o p perjury,ry that e above disclosure is true correct. TERRY ALEWIS 1 T My Commission Expires March 26,2018 r --Signature f authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE p Sworn to and subscribed before me,by the sold ,this the day of 20 _I ,to certify which,witness my hand and seal of office. r5pgdaturie rJ4FO11icer ael istorirtg oath Printed namf., f oficer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Excerpt from the January 19, 2017 Planning &Zoning Commission Meeting Minutes CA. PP 2016-14 CONSIDERATION OF A REQUEST FROM BRITTON AND ASHLEY NEW FOR A PRELIMINARY PLAT OF LOTS 7 AND 8, BLOCK 2, CREEKSIDE ESTATES ADDITION ON 1.00 ACRES LOCATED IN THE 8700 BLOCK OF STEWART DRIVE. APPROVED Principal Planner Clayton Husband introduced both the preliminary and final plat requests. Applicant Britton New, 2525 Carnation Avenue, Fort Worth, provided the reason for the plat request. Mr. Husband provided details for both plat requests. A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY COMMISSIONER COOPER TO APPROVE PP 2016-14. MOTION TO APPROVE CARRIED 7-0. C.5. FP 2016-15 CONSIDERATION OF A REQUEST FROM BRITTON AND ASHLEY NEW FOR A FINAL PLAT OF LOTS 7 AND 8, BLOCK 2, CREEKSIDE ESTATES ADDITION ON 1.00 ACRES LOCATED IN THE 8700 BLOCK OF STEWART DRIVE. APPROVED Final Plat request FP 2016-15 was presented in conjunction with Preliminary Plat request PP 2016-14. A MOTION WAS MADE BY COMMISSIONER COOPER, SECONDED BY COMMISSIONER BENTON TO APPROVED FP 2016-15. MOTION TO APPROVE CARRIED 7-0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Consider Ordinance No. 3438, creating a 30mph temporary construction speed zone along Rufe Snow Drive between Mid-Cities Boulevard and Ridgetop Road. PRESENTER: Caroline Waggoner, City Engineer SUMMARY: The City Council is being asked to approve an ordinance creating a 30mph temporary construction speed zone along Rufe Snow Drive to accommodate the roadway construction from Mid-Cities Boulevard to Ridgetop Road. GENERAL DESCRIPTION: Construction began on this major CIP project in May 2016, and is anticipated to last until January 2018. During this time the roadway is entirely within a construction zone, with detours, various lane closures, and active work taking place in close proximity to the travel lanes. This roadway normally has a speed limit of 40mph. The traffic control plan for the corridor during construction recommends that this speed be lowered to 30mph. An ordinance authorizing reduction of the speed limit is necessary in order to enforce a 30mph speed limit. State law authorizes the City Council to alter speed limits for public streets and highways within its boundaries to create reasonable and safe driving conditions. The City's engineer has cited three main reasons for justifying the reduction of the speed limit and creation of a temporary construction zone for this area: (1) the traffic control plan for construction is designed to accommodate a 30mph maximum speed; (2) access points for the 31 driveway connections in the construction zone are comprised of a temporary surface requiring vehicles exiting the roadway to slow down dramatically to safely navigate turns, intersections and driveway connections; and (3) work crews are present in the immediate proximity to the roadway construction and enforcing the 30mph speed zone will greatly reduce the possibility of injury to a worker. The speed limit will return to 40mph upon completion of construction. RECOMMENDATION: Approve Ordinance No. 3438. ORDINANCE NO. 3438 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMIT OF CERTAIN PUBLIC STREETS WITHIN THE CORPORATE BOUNDARIES AND ESTABLISHING A CONSTRUCTION SPEED ZONE ALONG RUFE SNOW DRIVE, NORTHBOUND AND SOUTHBOUND LANES FROM MID-CITIES BOULEVARD TO RIDGETOP ROAD, A DISTANCE OF APPROXIMATELY 6,388 FEET TO REDUCE THE SPEED LIMIT TO 30 MILES PER HOUR; AUTHORIZING THE INSTALLATION OF SIGNAGE IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING FOR THE SPEED LIMIT OF SAID STREET TO INCREASE TO 40 MILES PER HOUR UPON COMPLETION OF CONSTRUCTION; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, As a result of a Traffic Control Plan provided by the project engineer as a part of the Rufe Snow Drive Construction Project, along Rufe Snow Drive, Northbound and Southbound lanes from Mid-Cities Boulevard to Ridgetop Road, a distance of approximately 6,388 feet (the "Construction Area"), the City's engineer has determined that a reduced speed zone is necessary for the safe operation of traffic and protection of construction personnel on the said portions of certain city streets; and WHEREAS, Pursuant to the Texas Transportation Code, Subchapter H, Section 545.351, et seq., the City Council has the authority to alter prima facie speed limits within its boundaries to create reasonable and safe driving conditions; and WHEREAS, City Code of Ordinances Article III, Division 3, Section 54-102, line 34, establishes the prima facie speed limit for certain areas of Rufe Snow Drive and other public streets within the city at 40 miles per hour; and WHEREAS, The City Council finds that the establishment of a temporary construction speed zone encompassing the Construction Area within the city is in the best interest of the health, safety and welfare of the traveling public and persons working in the Construction Area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein into this Ordinance. Section 2: Pursuant to Texas Transportation Code, Subchapter H, Section 545.351, et seq., the City Council hereby declares and determines that the following prima facie speed limit hereafter indicated for vehicles upon such roads is reasonable and safe; and such speed limit is hereby fixed at the rate of speed indicated for vehicles traveling upon the named public streets, or parts thereof, described as follows: Ordinance No.3438 Page 1 of 3 "Along Rufe Snow Drive Northbound and Southbound Lanes from Mid-Cities Boulevard to Ridgetop Road, a distance of approximately 6,388 feet, the speed limit shall be 30 miles per hour." Section 3: The City's Engineer, or his/her designated representative, is hereby authorized and directed to place or cause to be placed, appropriate traffic control devices and signs to effectuate the establishment of the maximum prima facie speed limit as herein provided. Section 4: Article III, Division 3, Section 54-102(b), of the Code of Ordinances of the City of North Richland Hills shall be amended to modify the speed limit in accordance with this Ordinance for the stated time indicated herein. Section 5: Upon completion of the construction activity on the aforementioned sections of the designated streets, the prima facie speed limit for vehicles traveling along Rufe Snow Drive Northbound and Southbound Lanes from Mid-Cities Boulevard to Ridgetop Road is determined and declared to be 40 miles per hour. Section 6: Any vehicle traveling at a speed in excess of the maximum prima facie speed limit herein established for the designated roads indicated herein shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. No person shall drive a vehicle at a speed in excess of that which is reasonable and prudent under the circumstances existing. Section 7: Any person intentionally, knowingly, recklessly, or with criminal negligence violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Two Hundred Dollars ($200.00). Section 8: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. Section 9: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and, if any phrase, clause, sentence, paragraph or section 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 phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 10: 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 in the Code of Ordinances of the City of North Richland Hills 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 Ordinance No.3438 Page 2 of 3 such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 11: 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 12: This ordinance shall be in full force and effect upon publication as required by Section 11 herein. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of February, 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 Ordinance No.3438 Page 3 of 3 ➢ v r L a'aaa//rd{r ,',a�a ! Lj"i3�( " 'n ' " „ Iv"(d ,ma un A � " � ' ➢ 4 � ��� �+✓^�'� HGHTOWERDRIV///JE ui W LL. CA r co fA co T) Ll_ " suP f l�' � I �a � ( />''IY /a✓Jif'�/WOG I� i�a�� nli Y � a g, 1 W ' { W"i'%/r��la� a / � � ! lia y ! ✓G��/�� NKHPublic Works/ Engineering CITY OF NORTH RICHLAND HILLS TO: Maleshia Farmer, City Attorney �gr ��d'��1 ♦ 4 FROM: Caroline Waggoner, P.E., City Engineer i*•x......................".�..*.®i ............................. CAROLINE I..WA11G0 r , C,. .r,. SUBJECT: Rufe Snow Project Construction Speed Limit %. 97548 , DATE: January 16, 2017 ttla�� oY �'� msµ " The Rufe Snow Drive project is a 1.25 mile undivided arterial widening project in the City of North Richland Hills. The existing 5-lane asphalt section is being widened and fully reconstructed as a 7-lane concrete roadway section. The project will be constructed in three distinct phases, during which time only four travel lanes are provided; two northbound and two southbound. Please accept the following justification for enforcement of a 30mph reduced speed during the construction phase. Desi_ The pre-project roadway had a 40 mph speed limit and a largely straight alignment. The traffic control plan (TCP) provided for construction was designed to accommodate 30mph speeds. The TCP includes lane shifts and closures, requiring motorists to make lateral adjustments. Access Points: There are three signalized intersections within the construction work zone, four local street connections and 31 commercial driveway connections. The commercial driveway connections will be comprised of temporary surface (gravel, flexbase, etc.) for at least part of the time. In addition these driveway connections do not have radius connections to the roadway as is typical for permanent driveways. As a result, it is necessary for exiting cars to slow down dramatically to safely make the turn. This increased disparity between through traffic speeds and turning traffic speeds is a safety concern, particularly considering the frequency of access points along the corridor. Worker Safety: During the course of the project there will be work crews present in immediate proximity to the functioning roadway, Enforcing the 30mph design speed during construction will greatly reduce the likelihood of a motorist failing to maintain their lane and potentially injure a nearby worker. Because the work zone is dynamic during the course of the project, requiring lane closures, excavation and paving activities at any point along the project limits, the recommended 30mph speed should apply to the full project limits until such time as the project is complete (anticipated January 2018). 4301 City Point Drive * North Richland Hills,TX 76160 website:www.nrhtx.com MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Authorize purchase from Davis Commons Limited Partnership for Property Described in Parcel 1 Exhibit A to be used as Public Street Right-of-way for the Davis/Mid-Cities Intersection Project in the amount of $57,660.68. PRESENTER: Mike Curtis, Managing Director SUMMARY: Consider authorization to purchase property from Davis Commons Limited Partnership as described in the attached deed to be used as street right-of-way for the Davis/Mid- Cities Intersection Project in the amount of $57,660.68. GENERAL DESCRIPTION: Staff is currently in the acquisition of street right-of-way phase for the Davis/Mid-Cities Intersection Improvement project. In December, staff briefed Council on a counteroffer from the property owner who owns the property at the northwest corner of Davis Boulevard and Mid-Cities Boulevard. Council may recall that this tract of land extends from Davis Boulevard to Smithfield Road along the north side of Mid-Cities Boulevard. The counteroffer was determined to be a reasonable offer in line with the amount the city had previously paid for land purchased from the same tract located at Mid-cities and Smithfield Road. Exhibit "A" in the attachment provides a location map of the property and the amount of additional land needed for the intersection improvement project. RECOMMENDATION: Authorize purchase from Davis Commons Limited Partnership for Property Described in Parcel 1 Exhibit A for the Davis/Mid-Cities Intersection Project in the amount of $57,660.68 and for the City Manager to execute the deed. Notice of Confidentiality Rights: If you are a natural person,you may remove or strike any of the following information front this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. Parcel No. 1 Owner: Davis Commons Limited Partnership Mid-Cities Blvd.and Davis Blvd.(FM 1938) CITY OF NORTH RICHLAND HILLS DEED THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Davis Commons Limited Partnership, a Texas limited partnership hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Fifty-Seven Thousand and Six Hundred Sixty and 68/100 Dollars($57,660.68)and other good and valuable consideration, to Grantee in hand paid by the City of North Richland Hills, Texas, acting by and through its governing body, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of North Richland Hills, Texas all that certain tract or parcel of land in Tarrant County, Texas, more particularly described in Exhibit "A", which is attached hereto and incorporated herein for any and all purposes, and depicted in Exhibit "A" of this conveyance. The consideration recited herein represents a settlement and compromise by all parties as to the value of the property herein conveyed in order to avoid formal eminent domain proceedings and the added expenses of litigation. SAVE AND EXCEPT,HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit"A",to wit: None Grantor covenants and agrees to remove the above-described improvements from said land by the N/A day of N/A,N/A,subject, however, to such extensions of time as may be granted by the City of North Richland Hills in writing; and if for any reason, Grantor fails or refuses to remove same within said period of time prescribed, then, without any further consideration, the title to all or any pan of such improvements not so removed shall pass to and vest in the City of North Richland Hills forever. Grantor reserves all or the oil,gas and sulphur in and under the land herein conveyed,but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights ol'the City of North Richland Hills to take and use all other minerals and mateiials thereon, therein and thereunder. O IIANT' AND TO HOLD the premises herein dascribed and herein conveyed together with all and singular the rights and eppurtenan4es thereto in any wise hclonging unto the City ol'North Richland ]fills and its assigns forever, and Gnantort do hereby bind ourselves, our heirs, e.eecutors, administrators, MICCeSsors and assigns to Warrant and Forever Defend all and singular the said premises heacin conveyed unto the City of North Richland ]-fills and its assigns against every person whonnoe.ver lawfully claiming ol to the sa 1 r' my part tile]cof. IN WITNESS WHEREOF, this instrument is Cxeellted on this the � V dray of 10"n Ana —, 7017. – DAVIS COMMONS LIN11111) PARINIRSHIP. A -11XAS LIMITI"D PARTNERSHIP 13v: WOODCRES i 110t t)Incs, LL C, A I FXAS HN11111) 1 IAH1111Y COMPANY HS (iENNRAL PARININ O 13 y: rlaaarC"s ItyIIYJ,.fi%auaa,ur -........ .. Y t.\t•Y•Y ..\YYYY •YY.••..Y..Y..... ... .YY .Yt....•.....YY ..YY. ..YY.. .. ..Y..• AC KNOyy'LLDGEM EN'1 THE STATE'L. OF TEXAS LAAS COUNTY OF'I'ARRA,N1 1115 insuuuavnt was acknmOcdged bef're me on this t3'1kdav of Lka( , 2017 by James 1 Ryflerl, Manager of,woodclest Holdings, LLC a Iexas limitvd liability contpany�nc,raI pattnel of Davis Commons Limited Palwelshlp, a"1 c..xas liinaited parnaership,on behalfol said entity. NOTARY SEAL Notary Public, State of Texas ,a`wpvwx.. JpESSA d. MANIC. Vxpj,, Cal 31 71)IN NOIWY ID 421020,, NNMU ��YM�IIwWIIWUXAMwuMWM^AXlun•• ftcr,Rccording_I_ZetLnn to: Mike Curtis, Managing Director City ot'North Richland Ilills 4301 City Point Dr. North Richland Isills,"1'X 76180 Parcel 1 FM Highway 1936 R.O.W. CSJ: 0902-90-013 5-5-2015 Exhibit A, Page 1 of 5 BEING 0.062 acre of land located in Lot 15R, Block H, SMITHFIELD ADDITION, to the City of North Richland Hills, Tarrant County, Texas, according to the Plat recorded in County Clerk's File No. D206373636, of the Plat Records of Tarrant County,Texas, and also being a portion of the tract of land being conveyed to Davis Commons, LP, by the deed recorded in County Clerk file No. D205126174, of the Deed Records of Tarrant County, Texas. Said 0.062 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a '/2" Iron rod marked"Brittain &Crawford", set in the North boundary line of said Lot 15R, and the South boundary line of Lot 17-R, Block J, according to the Plat recorded in Volume 388-171, Page 17, of the Plat Records of Tarrant County, Texas, and said Point of Beginning lying N 89"46' 37"E 161.90 feet, from the most Easterly Northwest comer of aforesaid Lot 15R, Block H, SMITHFIELD ADDITION, located at right angles to and 87.50 feet West of Highway Centerline Station 301+55.88; (1) THENCE N 89" 46' 37" E 12.02 feet, along the North boundary line of said Lot 15R, Block H, SMITHFIELD ADDITION, and the South boundary line of Lot 17-R, Block J, SMITHFIELD ADDITION, to a '/" iron rod marked "Brittain & Crawford", set at the Northeast comer of aforesaid Lot 15R, lying in the existing West right-of-way line of FM Highway 1936 (Davis Blvd.) located at right angles to and 75.69 feet West of Highway Centerline Station 301+53.59, also being located S 89" 46' 37" W 19.38 feet, from a Y" Iron rod found stamped "Grant", at the original Northeast corner of said SMITHFIELD ADDITION (2) THENCE SOUTHWESTERLY 156.10 feet, along the East boundary line of said Lot 15R, Block H, and the existing West right-of-way line of FM 1938 (Davis Blvd.) with a curve to the Right having a radius of 1830.86 feet, a central angle of 04" 53' 07", and a chord bearing S 13" 41' 02"W 156.06 feet, to a %" iron rod marked "Brittain&Crawford", set at the end of said curve and the beginning of another curve to the right, being located at Right angles to and 79.61 feet West of Highway Centerline Station 303+14.63; (3) THENCE SOUTHWESTERLY 80.70 feet, along the Southwest boundary line of said Lot 15R, Block H, and the West right-of-way line of FM 1938 (Davis Blvd.) and the North right- of-way line of Mid-Cities Blvd. (Watauga Road)with a curve to the Right having a radius of 63.38 feet, a central angle of 72" 57' 27", and a chord bearing S 52" 36' 26" W 75.36 feet, to a W iron rod marked "Brittain & Crawford", set at the end of said curve and the beginning of another curve to the Left, on the North right-of-way line of Mid-Cities Blvd. (Watauga Road) located at right angles to and 54.48 feet North of Highway Centerline Station 88+14.98; (4) THENCE SOUTHWESTERLY 34.52 feet, along the South boundary line of said Lot 15R, Block H, and the North right-of-way line of Mid-Cities Blvd. (Watauga Road)with a curve to the Left having a radius of 1158.96 feet, a central angle of 01" 42' 24", and a chord bearing S 88" 13' 37"W 34.52 feet, to a ''%: iron rod marked "Brittain&Crawford"set, in G.V014%FASEMENTS\FNNRH Mid Cili"WOW IAA Parcel 1 FM Highway 1938 R.O.W. CSJ: 0902-90-013 5-5-2015 Exhibit A, Page 2 of 5 the North right-of-way line of said Mid-Cities Blvd. (Watauga Road) located at right angle to and 55.00 feet North of Highway Centerline Station 87+80.47; ** (5) THENCE N 02" 37'48g W 5.50 feet, to a Y:" iron rod marked "Brittain & Crawford" set, in the new North right-of-way line of aforesaid Mid-Cities Blvd. (Watauga Road) located at right angles to and 60.50 feet North of Highway Centerline Station 87+80.47;** (6) THENCE N 87" 22' 12" E 13.76 feet, along the new North right-of-way line of Mid-Cities Blvd. (Watauga Road), to a %* iron rod marked "Brittain & Crawford" set, at the beginning of a curve to the Left, and being located at right angles to and 60.50 feet North of Highway Centerline Station 87+94.23;** (7) THENCE NORTHEASTERLY 109.52 feet, along the new North right-of-way line of Mid- Cities Blvd. (Watauga Road) and the West right-of-way line of FM 1938 (Davis Blvd.) with a curve to the Left having a radius of 85.00 feet, a central angle of 73* 49' 29", and a chord bearing N 50* 27' 28" E 102.10 feet, to a 1/2' iron rod marked "Brittain & Crawford" set, at the end of said curve to the Left and the beginning of another curve to the Left lying in the West right-of-way line of FM 1938(Davis Blvd.) located at right angles to and 87.50 feet West of Highway Centerline Station 302+90.76;'* (8) THENCE NORTHEASTERLY 130.14 feet, along the new West right-of-way line of FM 1938 (Davis Blvd.) with a curve to the Left having a radius of 2407.50 feet, a central angle of 03* 05' 50", and a chord bearing N 11" 59' 48" E 130.13 feet, to the POINT OF BEGINNING containing 0.062 acre(2,716 square feet) of land. GA201 AEASEMENTSWN NRFI Mid Cili"\ROW I.doc Parcel 1 FM Highway 1938 R.O.W. CSJ: 0902-90-013 3-04-2015 Exhibit A, Page 3 of 5 NOTES: All coordinates and bearings are based on the Texas State Plane Coordinate System, N.A.D. 83 North Central Zone. All distances and coordinates shown are surface values and may be converted to grid by dividing by TxDOT conversion factor for Tarrant County of 1.00012. All stations and offsets shown are calculated relative to the project centerline (FM 1938 and Mid-Cities Blvd. Baselines) unless otherwise noted. "This monument may be replaced by TxDOT type II right-of-way maker upon the completion of the highway construction project under the supervision of a registered professional land surveyor either employed or retained by TxDOT. A plat of same date accompanies this description. I, Krystian Golebiewski, a Registered Professional Land Surveyor, do hereby declare that this description and accompanying plat Is true and correct to the best of my knowledge and belief and that the property described herein was determined by survey made on the ground under my direction and supervision. Krystian Golebiewski Registered Professional Land Surveyor No. 6400 Brittain &Crawford LLC 3908 South Freeway Fort Worth, Texas 76110 (8 17) 926-0211, Fax(817) 926-9347 G:120141EASEMM SWN NRH Mid CitiesM ES ROW Um - -J�- " J9N Rolm (ws) Sri, AVE �J[Til YE11O9 CAI' EX141BIT A i IN AA ('RAWFORD Sl'AMPED "DRIT'I'AIN 1)A(."(11' 4 Of' 5 LAND qURVEYING & �Dl, I CRIkWFORD. TOPOGRAPHIC MAPTIING —------- I 7—R, BLOCK J WTHRELD ADDIFION 0 "1 A ',I, .11w wu", ICI ,C VOL �88 171 IGJ7, P,R,TC.r, f.,WIN BATES REALTY LP 12640b6, D,RYCT cq B?m Ims.. I 9.w% __SI-a -301 4�49.93 A�7 W700OW01,42 /L- P, WWI �5 AT t I � -gg I .57E 1tii1 go Ir nr'3 POINT—6- -I 115, "I �MMT RFW ADOMRIA 0 EGINNING Y c� Z.1,1 LOT 15R, BLOC— H SMITHFIELD ADDITION CAB A SL.11559 CC# 0206373636 P,R,r,C.f, DAVIS COMMONS LP 1/2 IRF CCU/ 0205126174 D.R.T,C.7. PERMANENT RIGHT-OF-WAY 0.0624 ACRE (2,716 SQ.F.) fj W, IRS CO DRAINAGE LAS[rmrtJr *-f CCU} )20637363. ,, P R T.C.T. P3 Ail eb 4 srar KRYSIUN 1XIIIEWSKI p 1 .4 4 ....... IRS.. afkVE ,[) ON Tfl,,�', GRCUY) MID-CITIFS BLVD. +(WATAUGA RD.)CKY�O�Bl��,R G, 2014 Wn a8t20 ALT Is"IYVrt,' OF Ti" (GO S.)CALE l."=40' WiP fONISED: MAY 5,20 15 DAVIS DIND MID CITIES BLVD IN,rUSECTION IMPROVEMENTS PERMANENT RIGHT OF PAR NUMBER ......... (C)2 L14 WAY PARCEL No. I A1,1115 SO, F[P 7"62 A noT� THOI 6 2 41 2,716 5�Vl� iLVD/MID—CITIES f3LV'-j ols"c' (""" 4 B4, NRL.A 4,W 77AL77 T�EDFFA[ AU7rRDJLCf L2L�lf 2 2 11 N�R 7EA WO 211,049 v; COUN I Y �"ER AREA771 L,,� , jp) VR AK R 7 ip7l 208,3�3 TNUU AREA 7 (K.G.) DATA\FN\Fi4_­NR ME) CITIE S—DAVIS\I_N_,WiH 3W dwg aaTs EXHIBIT A" RRTTTAIN &CRAWFORD PAGE 5 OF 5 1 SAND SURVEYING & TOPOGRAPHIC MAPPING URN CEM"CATCOXf 1092000 lk lIX(Bn)nE-Wn -1.(917)22e-941T P.0.E 1131.•3.SW.WWI :OMT wx llv W 10 CWI::PImInYbMiw-u".fw6¢m PARENT TRACT NOT TO SCALE LOT 15R, BLOCK H 4.845 ACRES SMITHFIELD ADDITION CAB A SL,11559 CC# 0206373636 P.R.T.C.T. CALL TABLE _ Course �89646-37" Distance L-1 .1 12.02' C-1 .2 e : . Arc: 156.10' POINT TABLE RIGHT Tan: 78.10' CA: 4°53107" OIN -- STATION OFFSE NORTHING Chd: S 13°41'02" W 156.06' Sta=301+55_68 1 0$=87.50 R l:700010,t"„30 1 E:2365118.20 C•1.3 Red: 63.38' Arc: 80.70' 312 Sto=301+43 S OS=7 .69 RT N:7000101.341 36 130.2 RIGHT Tan: 46.86' GA: 72°57'27" 313 8tG_=3 303+14.63 OS=79.61 RT N:6999949.71 E:236S093.29 , P4 Stc=88+14.98 OS=54.48 LT N:6999903.95 E:2365033.42 Chd: S 52 036 26" W 75.36' PS Sta=87+60.47 p5=55.00 LT N:6999902.86 E:2364998.92 C-1 .4 Red: 1158.96' Arc: 34.52' P61 S o=87+80.47 OS=60.50 LT I N:6999908.38 E:2364998.66 LEFT Tan: 17.26' CA: 1042'24" P71 Sta=87+94.23 05=60.50 LT N:6999909.01 E:2365012.41 Chd: S 88°13'37" W 34.52' 8 Sta=302+90.76 0 =87.50 RT :6999974.01 :2365091.15 L-1.5 N 02 037'480 W 5.50' NOTES: L-1 .6 N 87022'12" E 13.76' 0-1 .7 Red: 85.00' Arc: 109.52' - LEGAL DESCRIPTION TO ACCOMPANY THIS SURVEY LEFT Tan: 63.85' CA: 73 049'28" - BEARINGS ARE BASED ON HAD 83 DATUM, TEXAS Chd: N 50°27'28" E 102.10' C•1.8 Red: 2407.50' Arc: 130.14' STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, WITH ALL DISTANCES AND COORDINATES LEFT Tan: 65.09' CA: 3 005'50" ADJUSTED TO THE SURFACE BY PROJECT SURFACE Chd: N 11°59'48" E 130.13' SCALE FACTOR OF 1.00012. "THIS MONUMENT MAY BE REPLACED BY TXDOT TYPE II RIGHT-OF-WAY MARKER UPON THE COMPLETION OF THE HIGHWAY CONSTRUCTION PROJECT UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL LAND SURVEYOR EMPLOYED OR RETAINED BY TXDOT, or LEGEND: 1P�'�o s T Fae f+ ESMT - EASEMENT y0 ° s 0-- PROPERTY CORNER FOUND-AS NOTED X3YSfIAN.G018B.E..... SURVEYED ON THE GROUND B - 1/2" IRON ROD SET WITH PLASTIC CAP .•YSTIAN ...........Y.. OCIOBER 6, 2014 STAMPED "BRITTAIN & CRAWFORD" IRF - IRON ROD FOUND �y'OOrss; /. / /� " - DIRECTION OF CURVE ho SuR`.E� rh�i BOi�cj�,$,Kt' POC - POINT OF COMMENCING 5 POB - POINT OF BEGINNING S EWSKI D/P.R.T.C.T. - DEED/PLAT RECORDS OF TARRANT COUNTY. TEXAS S'IERED PROFESSICNAL C/L - CENTER LINE LAND `` MYOR P/L - PROPERTY LINE STATE OF TEXAS NO. 6400 S/L - SURVEY LINE MAID REVISED: MAY 5,2015 DAVIS BLVD MID CITIES BLVD INTERSECTION IMPROVEMENTS •- PERMANENT RIGHT OF PARCEL 1 ©201 WAY PARCEL No. 1 NUMBER ACRES S0. FEET JoTexas DAVIS BLVD/MID-CITIES BL FO DISTRICT TH ACQUISITION 0.0624 2,716 Department DEED AREA 4.8450 211,049 t Transportation p = 4 ' Cl1 2AID 7 227 N 0902-90J 013 ARR COUNTY EMAINDER AREA 4.78271208 333 (K.G.) DATA\FN\FN_NRH-MID CITIES-DAVIS\FN-NRH_MID_ROW-Ot.dwg MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Consider Resolution No. 2017-003, appointing a member to the Planning and Zoning Commission and Capital Improvement Advisory Committee. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The City Council is being asked to approve Council member Wright Oujesky's nomination of Mr. Gerald (Jerry) Tyner to Place 2 on the Planning and Zoning Commission and Capital Improvement Advisory Committee. GENERAL DESCRIPTION: On January 23, 2017, City Council appointed Mike Benton to Place 5 on City Council to fulfill the remainder of the term of a vacancy on the City Council. Mr. Benton's appointment to the City Council created a vacancy on the Planning and Zoning Commission and Capital Improvement Advisory Committee, Place 2. Council member Wright Oujesky is recommending that Mr. Jerry Tyner, who is currently serving in an ex- officio capacity, be appointed to fulfill the unexpired terms. RECOMMENDATION: Approve Resolution No. 2017-003. RESOLUTION NO. 2017-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING A MEMBER TO PLANNING AND ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, appointed members serve a two-year term, unless appointed to fulfill an unexpired term; and WHEREAS, annual appointments coincide with City Council terms with Places 1, 3, 5, and 7 being appointed in odd-numbered years and Places 2, 4, 6, and Mayoral appointments in even-numbered years; and WHEREAS, each member serves until their successor has been duly appointed and qualified; and WHEREAS, Council desires to fulfill the vacancy in Place 2 on the Planning and Zoning Commission and Capital Improvement Advisory Committee. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The following member has been submitted for nomination and approved by a majority of the City Council. Planning and Zoning Commission and Capital Improvement Advisory Committee Gerald (Jerry) Tyner Place 2 Term expiring June 30, 2018 PASSED AND APPROVED this the 13th day of February, 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 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Approve agreement with Dean Electric Inc. dba Dean Construction for Construction Manager at Risk Services for the design and construction of the Northfield Park Renovation in the anticipated amount up to $3,850,000.00. PRESENTER: Bill Thornton, Assistant Director of Park and Recreation SUMMARY: This item is to award a contract for construction manager at risk services for the design and construction of the renovation of Northfield Park. GENERAL DESCRIPTION: The Capital Improvement Program includes funding for the design and construction of the renovation of Northfield Park. The project includes: renovation/construction of three (3) softball fields, concrete parking, roadway construction, hike and bike trails, sports field lighting, picnic pavilion, playground structure, tennis courts, basketball court, sand volleyball court, concession/restroom building, earthwork, utilities, turf establishment and irrigation. While our consultant, Dunkin Simms Stoffels, has been progressing on the design development phase of the project, selection of the Construction Manager at Risk (CMAR) began with a Request for Qualifications from firms interested in providing CMAR services for the design and construction of the project. Submittals in response to the Request for Qualifications were received on December 15, 2016 from the following firms: • C. Green Scaping, LP • Dean Construction • Lyness Construction • WB Kibler Construction A selection committee was appointed to evaluate the submittals received. Those serving on the committee included Paulette Hartman, Assistant City Manager; Clayton Husband, Principal Planner; Bill Thornton, Assistant Director of Parks and Recreation; Marrk Callier, Management Assistant; Joe Pack, Senior Park Planner; Michael Wilson, Park Planner; and Scott Kendall, Purchasing Manager. MRH The committee met on January 13, 2017 after reviewing all submitted RFQ documents and considered the qualifications of each firm, their experience and references, similar project experience and financial information. After thorough discussion, the committee selected Dean Construction. The CMAR contract services and fees are presented in two parts. Part one includes pre-construction services, which will be performed at no cost to the city. Part two establishes the basis for fees associated with construction services. When subcontractor bids are received, the CMAR contract will be amended to reflect a Guaranteed Maximum Price. The Guaranteed Maximum Price will be the sum of 1) the contractor's fee for providing construction services, plus 2) cost for field and office staff and costs identified for overhead and general conditions. While the final construction amount has yet to be determined, the proposed contract establishes the following fees for CMAR services with an anticipated total contract amount up to $3,850,000.00: Description CMAR Fees Pre-Construction Services $0 Field and Office/General Conditions 6.60% of cost of work Construction Services Fee 3.25% of cost of work Dean Construction is a DFW based construction firm with over 26 years of experience specializing in parks and recreation facilities with extensive municipal experience. Dean Construction's portfolio of relevant recent experience includes Midlothian Community Park, McClendon Park West in Mansfield, Vanston Park in Mesquite, Barlett Park Soccer Complex in Burleson, Roanoke Skate Park and Bicentennial Park in Southlake. RECOMMENDATION: Authorize city manager to execute an agreement with Dean Electric Inc. dba Dean Construction for Construction Manager at Risk Services for the design and construction of the Northfield Park Renovation TM Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the 2nd day of February in the year 2017 This document has important legal (In uwads, indicate day, month and year.) consequences. Consultation with _. an attorney is encouraged with BETWEEN the Owner: respect to its completion or (Name, legal status and addreys) modification. City of North Richland Hills AIA Document A2011--200-f, 4301 City Point Dr General Conditions of the North Richland Hills, TX 76180 Contract for Construction,is adopted in this document by j reference. Do not use with other and'I'hc Construction Manager: general conditions unless this (Name, legal states and address) document is modified. Dean Electric Inc, dba Dean Construction 701 Hall St Cedar Hill , TX 75104 for the following Project. (Name and addressor location) Northfield Park 7804 Davis Blvd North Richland Hills , TX 76182 The Architect: (Name, legal stales and address) Dunkin Sims Stoffels, Inc . 622 West State St Garland, TX 75040 The Owner's Designated Representative: (Name, address and other infot-inotion) Mark Hindman; City Manager 817-427-662- 4301 City Point Drive North Richland Hills , TX 76180 .The Construction Manager's Designated Representative: (Name address and other information) Gregory Firebaugh , President 214-212-6328 701 Hall Street Cedar Hill , TX 75104 'I71c Architect's Designated Representative: Nance, address and other inforination W Sims , R*. 1 ASL 214-553-5778 622 West State St Garland, TX 75040 T'hc Owner and Construction Manager agree as follows. AIA Document A133TM 2009(formerly A121 T'"CMc 2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights i Init' reserved.VVARl'gli0;: Ihi AIA)0,x3inioni v,pl ItucAnd }y'O's.C,,pyv�uht l.dtW 4kno htt4)YIkMItIUlI l� Irl aYle%'. YY$IIi I9CFY IIPed I1 PY POCtllll;%i IJVY Or ' d I&a P'I151flo"(,f thim AiA't)ll Am""fl ov any poriton of 41 moy r6},dfil lii siwou`e civil avid 6B1rn4lial polkaltw$,and will ve to flw alaxi0➢urry nrxvv"4 lKe svvivlo onam they haw.Purchasers are permitted to reproduce ten(10)copies of this document when completed. to report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONS1131LITIE°"°"S 4 COMPENSATION AND PAYMENTS FOR PRE°"CONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 0 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 9 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL.PROVISIONS §1.1 The Contract Documents The Contract Documents consist of this Agreement,Conditions of the Conflict(General,Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to the execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.Upon the Owner's acceptance of the Construction Manager's Guaranteed Maxirnam Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and fi misled by the Owner as described in Section 2.2.8.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement,this Agreement shall govern. §1.2 Relationship of the Parties The Construction Manager accepts the relationship of it and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in fi rdlering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to fiurnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditions and economical manner consistent with the Owner's interests. The Owner agrees to filrnish or approve,,in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. §1.3 General Conditions For the Preconstruction Phase, AIA Document'A201T"i2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement.For the Construction Phase,the general conditions of the contract shall be as set forth in A20.1-2007,which document is incorporated herein by reference,The term"Contractor" as used in A201 2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2, The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3.The Owner and Conshvction Manager may agree,in consultation with the Architect,for the Construction Phase to commence prior to completion of Init. AIA Document A133' —2009(formerly A121 r^"CMc 2003).Copyright @ 1991 2003 and 2009 by The American Institute of Architects.All rights reserved VVAI8 QNG rNs AIA"Mw.,unrarrrt la plxuruta cted try US Gopy¢igpM Law and OmprvmrflonaI Ita"rll as,I inn II hop oe d yr prodiiwt :m of 2 dim hfh,Wtou M Olds A[A Dontur"vI fl,or any phaphion of pt,rainy romM in ,covert c I eruct c;kdrulinaf ponakV iwrer aIhd will ho @n0%venu'd Po rho,vnawxdrrudourt PMLLerut parslftPe undm trim lairs,Purchasers are permitted to reproduce ton(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. the Preconstruction Phase, in which case,both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project, §2.1 Preconstruction Phase §2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements,each in terms of the other. §2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures,progress,coordination,and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements,selection of materials,and building systems and equipment. The Construction Manger shall also provide recommendations consistent with the Project requirements to the Owner and Architect on coustructablltty; availability of materials and labor;time requirements forProcuremcnt, installation and construction and factors related to construction cost including, but not limited to,costs ofalternative designs or materials,preliminary budgets, life-cycle darn,and possible cost reductions. §2.1.3 When Project requirements in Section 3.1,1 have been sufficiently identified,the Construction Manager shall t prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's t services,the Architect's services,other Owner consultants' services,and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal;components of the Work;limes of commencement and completion required of each Subcontractor;ordering and delivery ofprodacts,including those that must be ordered well in advance of construction;.and ('lie occupancy requirements of the Owner. §2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accekr rted or fast track scheduling, procurement, or phased Construction.The Construction Manager shall take into consldetation cost reductions,cost information, constructability,provisions for temporary facilities and procurement and construction scheduling issues. §2.1.5 Preliminary Cost Estimates §2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost ofprogram requirements using area,volume or similar conceptual estimating techniques for the Architect's review and Owner's approved if the Architect or .Construction Manager suggests alternative materials and systems,the Construction Manager shall provide cost 1 _ evaluations of those alternative materials and systems. §2.1.5.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by fhe f Owner,Construction Manager and Architect,estimates of the Cost of the Work of increasing detail and refinement and J allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform (Ire Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. §2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest In the Project. §2.1.7 The Construction Manager shall prepare,for the Architect's review and the Owner's acceptance,a procurement schedule for items that must be ordered well in advance of conch uction.The Construction Manager shall expedite and j coordinate the ordering and delivery of materials that must be ordered well in advance Of constuction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,the Owner shall procure the items on team and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed t Maximum Price,the Ownei shall assign all contracts for these items to die Construction Manager and the Construction Manager shall thereafter accept responsibility for them. Init. AIA Document A133 2000(formerly A121 i-CMC 2003).Copyright(,)1901,2003 and 2000 by 1'he American Institute of Architects.All rights reserved WAMNING I hki AIA' Ua(mclrnnt is pro0 a.f mi by J.n GopyriglA Law a I I a i annnatram nl TroaUes UnuohHimizeaa raproduetiafn err 3 d1oWbu i nr of this AAIA'Document,or any portion rat it,may vns"4 In sovem rt 0 and c?lnnnal pry n"atfior"and coif!ho yvo'e>rbuiA¢Nr,➢W"lo nraAmOir i (Wank Irmvur�al@,dmu uuxdmr thin law.Purchasers are permitted to reproduce ten('10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. §2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager,however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price, The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes,ordinances,codes, rules and regulations,or lawful orders ofpublie authorities,but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. §2.1.9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities applicable to its performance under this Contract,and with equal employment opportunity programs,and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Doeuments. §2.2 Guaranteed Maximum price proposal and Contract Time §2.2.1 At a time to be martially agreed upon by the Owner and the Construction Manager and in consultation with the Architect,the Construction Manager shall prepare.a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sun of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4,and the Construction Manager's Fee. §2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as Changes rn scope,systems,kinds and quality of materials,finishes or equipment,all of which,ifrequi ed, shall be incorporated by Change Order. §2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a wr itten statement of its basis,which shall include the following: .1 A list of the Drawings and Specifications,including all Addenda thereto,and the Conditions of the Contract; .2 A list:of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal,including assumptions under Section 2.2.2,to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price,including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances,contingency, and the Construction Manager's Fee; .4 The anticipated date ol"Substantial Completion upon which the proposed Guaranteed Maximum Price is based;and .5 A date by which the Owners:must accept the Guaranteed Maximum Price. §2.2.4 134�6Ya} &i &X�Sit13frXlw � lt�s� � �#XX �D??�1Krf�18X �lI�XYirXDI1Af 138�Y&T'i�Ti7�S�D4tX�:3CX�rXl�3t'itlEcXtl4Ztt�IgXtT�a3S�S3'ti�zYi3'a;�t�rrX[ ��IIX�deXXX �X�4is �i'P3��1rY1X�§irli"xX2'slh"��XT1f�§��r1; jf�$S=XiXX §2.2.5 The Consn fiction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal.In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager,who shall make appropriate adjushnents to the Guaranteed Maximum Price proposal,its basis,or both. §21.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maxinnun Price proposal,the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager.Following acceptance of a Guaranteed Maximum Price,the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement,a copy of which the Owinei shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. Init. AIA Document A13311" 2009(formerly A121T'"CMc-2003).Copyright CJ 1991,2003 and 2009 by the American Institute of Architects.All rights reserved,WAUxo7e{P'46 This NA'Doommcnt m,pr@iWG Ga by Liz tupyrPflhf Law and pilounaft4lnM Tre0Piles t)YlFII11fVYf1 Y'iN.ry+YI Ytp9v wiiEctioln m A ¢fi ApffiuAflnvr of Phist AOA'Doconna m,or eruy"ovB'm al it,may rwmiff do Never'C:Ml Ind aulrunr.af reenaMvt �aurd well ha,prneetculed qtr Chu=maximum W era OM PWGI 4 AO iJnder Pros low.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. I §2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase,unless the Owner provides prior written authorization for such costs. i §2.2.6 The Owner shall autlim ize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions oriel clarifications contained in the Guaranteed Maximum Price Amendment. J The Owner shall promptly furnish those revised Drawings and Specifications to the ConStrl,10io n Manager as they are revised.The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. §2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales,consumer,use and similar taxes for the Work provided by the Construction Manager that are legally enacted,whether or not yet effective,at the time the Guaranteed Maximum Price Amendment is executed. §2.3 Construction Phase §2.3.1 General §2.3.1.1 For purposes of Section 8.1.2 of A201-2007,the date of commencement of the Work shall mean the date of .commencement of the Construction Phase. l §2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's 1 Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed,whichever occurs earlier. §2.3.2 Administration §2.3.2.1 Those portions of the Work that the Conslua,Iron Manager does not custornarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other approlaiate agreements with the Construction Manager. The Owner may designate specific persons from whom,or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine,with the advice of the Cotrsh'uction Manager and the Architect,which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. §2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder(1) is recommended to the Owner by the Construction Manager,(2)is qualified to perform that portion of the Work,and (3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted,then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid ofthe person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or tither agreement actually signed with the person or entity designated by the Owner. §2.3.2.3 Subbontmcts or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded our the basis of cost plus a fee without the prior consent of the Owner, If the Subcontract is awarded on a cost-plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. §2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related party"according to Section 6.10,then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction,according to Section 6.10.2. §23.2.5 The ConStl action Manager shall schedule and conduct meetings to discuss such matters as procedures, progress,coordination, scheduling, and status of the Work.The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. i §2.326 Upon the execution of the Guaranteed Maximum Price Amendment,tine Construction Manager shall prepare 1 acid submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201--2,007. -- --- - — - Init. AIA Document A133TM 2009(formerly A121'l"CMC—2003).Copyright©1991 2003 and 2009 by The American Institute of Architects.All rights reserved WARNIIN rdux,AIA'V'iorurnorue in puotcr¢,trat by kr. fopayr Iof it t.,ruw a irri fintanlI lur7bmw I hiruphorlzea lrepirvdt Glimn or 5 t r1istrib Pwv'e of if is dAIP'Dominion all auiy prar'doiu of it,army rime IOr nu seven,civuI rwni crirnin.ol Racal s,anti WHI be i�co ecu iorl to tirtr Ill}FYMIa41m I oxiarot pouu JMIe k n<ter tire§law.Purchasers are perml0ed to reproduce ton(10)copies of this document when completed To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. §2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect,showing percentages of completion and other information required by the Owner.The Construction Manager shall also keep,and snake available to the Owner and Architect,it daily log containing a record for each day of weather,portions of the Work in progress,number of workers on site, identification of equipment on site, problems that might affect progress of the work,accidents, injuries,and other information required by the Owner, §2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between veinal and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. §2.4 Professional Services Section 3.12.10 ofA201 -2007 shall apply to both the Preconstuction and Construction Phases. §2.5 Hazardous Materials Section 103 of A201-2007 shall apply to both the Preconstuction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES §3.1 Information and Services Required of the Owner §3.1.1 The Owner shall provide information with reasonable promptness regarding requirements For and limitations on the Project,including a written program which shall set forth the Owner's objectives,constraints, and criteria, including Schedule,space requirements and relationships,flexibility and expandability, special equipment, systems sustainability and site requirements. §3,1.2 Prior to the,execution of the Guaranteed Maxithnim Price Amendment,the Construction Manager may request ill writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Cbnstuction Manager may only request such evidence if(1)the Owner fails to make paynhents to the Construction Manager as the Contract Documents require,(2)a change in the Work materially changes the Contract Sum,or(3) (lie Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to inake payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect, §3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1.1, (2)the Owner's other costs, and(3)reasonable contingencies related to all of these costs.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. §3.1.4 Structural and Environmental Tests,Surveys and Reports.During the Preconstruction Phase,the Owner shall furnish the following information or services with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services 'Finished by the Owner but shall exercise proper precautions relating to [lie safe performance of the Work. §3.1.4.1 The Owner shall furnish tests,inspections and reports required by law and as otherwise agreed to by the patties, such as structura], mechanical,and chemical tests, tests for air and water pollution,and tests for hazardous materials. §3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project,and I legal description of the site. The surveys and legal information shall include, as applicable, grades and Tines o1 streets,alleys, pavements and adjoining property and structures;designated wetlands, adjacent drainage;rights-of-way, restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and necessary data with respect to existing buildings,other improvements and trees; and information concerning available utility services and lines,both public and private,above and below grade, including inverts and depths.All the information on the survey shall be,referenced to a Project benchmark. Inn. AIA Document A1331- 2009(formerly A121T"CMc 2003).Copyright 01991 7003 and 2009 by The American Institute of Architects.All rights reserved WWPAhhp96R�G This AIA'Doc um.itW is ynirm cfckli ray uz C arlryi¢"M r,awe arttr IoepruraYioin O tl re..rfimw, ddvr atitlpro¢vutxnrrll ra+sir nrBurq'von or 6 cdp flhu7lon of or any poft w of oP ru;uy r'u mH vi svVery civil and crlmrnaf Cary aVlne ind Mir iiae phtos cuee d hen the i agmtuvn f fitdet&pottslralo trrndt'r"to paw,purchasers are permitted to reproduce(an(10)copies of this document when completed.To repair copyright violations of AIA Contract Docurnents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. 1 §3.1.43 The Owner,when such services are requested,shall furnish services of geoteclmical engineers,which may include but are not limited to test borings,test pits,determinations of soil hearing values,percolation tests,evaluations j of hazardous materials,seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations ) for anticipating subsoil conditions,with written reports and appropriate recommendations. §3.1.4.4 During the Construction Phase^.,the Owner shall fiunish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also tarnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. §3.2 Owner's Designated Representative The Owner shall identify a representative,authorized to act on behalf of the Owner with respect to the Project. The Owners representative shall render decisions promptly and furnish information expeditiously,so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 j of A201-2007, the Architect does not have such authority. The term "Owner"means the Owner or the Owner's authorized representative. 1 f §3.2.1 Legal Requirements.The Owner shall fiunish all legal, insurance and accounting services, including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests, f §3.3 Architect The Owner shall retain an Architect to provide services,duties and responsibilities as described in AIA Document B103''"'2007,Standard Form of Agreement Between Owner and Architect, including any additional services requested by the Construction Manager that are necessary for the Preconstuction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager If copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. i ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES §4.'I Compensation §4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shat compensate the Construction j Manager as follows §4.1,2 For the Construction Manager's Preconstuction Phase services described in Sections 2.1 and 2.2: (Insert u1nouwl of,'or basis fir,r, compensalion and include a lis7 of reiurbimyco le con items, as ahlvlwclbll Pre—construction services are provided at no charge . t §4,1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within N/A )months of the date of this Agreement, through no fault of the J Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. §4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's Personnel providing Precornsh action Phase services on the Project and the Construction Manager's costs for the mandatory and custoriary contributions and benefits related thereto,such as employment taxes and other statutory employee benefits,insurance,sick leave,holidays,vacations,employee retirement plans and similar contributions. J §4.2 Payments §4.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to set vices performed, Init. At Document A133 1^ 2009(formerly A121""Case 2003).Copyright PJ 1991 2003 and 2009 by The American Institute of Architects.All rights reserved WAR N1VPGd ouq AIA Dm QIim,Otis limu r iC d by 1107 CopAyvuiOI9 taw afid IIIYairll idw lit I to hf e" 0"IV A 0 I o C'IXfad a gtal 10ll' 7 d i RtltlYrXpb IBV if tl'IIis,AM ibpY4L01n4lnf av mly por ion of ill,may IA qua In sovalll'e e!M'Vr a d cdrnm t rion Iif llm and WIII Iw 1m podded(o Ilia oxis YYllplftl9 i eltk4nl pn.st ltrinr iAIhil wr I n law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e mall The American Institute of Architects'legal counsel,copyright @aia.org. 1 §4.2,2 Payments are due and payable upon presentation of the Construction Manager's invoice, Amounts unpaid ( N/A )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing front time to time at the I:nincipal place of business of the Construction Manager, (Insert rate of monthly or annual interest agreed upon.) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES §5.1.For the Construction Manager's performance of the Work as described in Section 2.3,the Owner still]]pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus file Construction Manager's Fee. §5.1.1 The Construction Manager's Fee: (State a hmvp sure,percentage q1 Cost of the Work or otherprovision for determining the Construction Manager's Fee.) Fee 3 .257o of the cost of the work. §5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: §5.1.3 Limitations, if any,on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: §5.1.4 Rental rates for Consh action Manager-awned equipment shall not exceed percent( 115 %)of the standard rate paid at the place of the Project. §5.1.5 Unit prices,if any: (Identih,and state the unit price;state the qunn1ity limitations, ifanr , to which the unit price will be applicable) Item Units and Limitations Price per Unit($0.00) N/A Init. ALA Document At 33T" 2009(formerly At 21 IsCMC 2003).Copyright©1991 2003 and 2009 by The American Institute of Architects.ALI rights reserved.GVf11Pfd1biGG "I f u u K A I A'D,nc,kvn n P I I w.prrui rP,.d by U.S Copy uIgfi4 Bow aural 40P Hkkdfor i a Irr,atm,,q lit nautfuct r o iulei 4Wdnr Liao or S dkrdbnhou of tihk AW Document,or nary purtton of n mty o sulf iu a.amry r.rvol,tined urEnu¢i ai p�nafoew amt wall ho rrrranamAM fo 1he nwhxun aura t u,Xforif furs%Rfl xx r mhr r the saw.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. 1 1 §5.2 Guaranteed Maximum Price §5.2.1 The Construction Manager guarantees that the Contract Sum shalt not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment,as it is amended from time to dine. To the extent the Cost of the Work exceeds the Guaranteed Maxirnurn Price,the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursernent or additional compensation from the Owner. (Inser l specific provisions if the Construction Manager is to participate in an,),savings.) J §5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the i Contract DCCllmenh;and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract f Documents. §5.3 Changes in the Work §5.3.1 The Owner may,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AlA Document A201-2007,General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work, ' §5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of Al Document A201 2007,General Conditions of the Contract for Construction. I. §5.3,3 In calculating adjustments to subcontracts(except those awarded with the Owner's prior consent oil the basis of cost plus a fee),the terms"cost"and "`fee"as used in Section 7.33.3 of AIA Document A201-2007 and the term "`costs"as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Sections 51 and 5.2, Sections 6.1 through 6.7,and Section 6.8 of f this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee q shall be calculated in accordance with the terms of those subcontracts. i f §5.3.4 In calculating adjustments to the Guaranteed Maximum Price,the terms"cost"and"costs"as used in the above- referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 ' of this Agreement and the term"fee"shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. §515 1f no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of r changes in the Work,or if the extent of such changes is such, in the aggregate,that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager,the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE §6.1 Costs to Be Reimbursed §6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in tile proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. §6.1.2 Where any cost is subject to the Owner's prior approval,the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs pior.to executing Guaranteed Maximum Price Amendment. §6.2 Labor Costs §6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of J the Work at the site or,with the Owner's prior approval, at off-site workshops. AIA Document A1331- 2009(formerly A121`""CMC 2003).Copyright 0 1991 2003 and 2009 by The American Institute of Architects.All rights ]nit. reserved.WARNING: II how AIA nominnG'lln i"pro4 r.fl d by".Y Copyrirrlht I...aw iaol tntwimilim i T,eaties.omawlioulzea lopiwitmoon ow g ' Criss iuf on if IhK AIAI U)C"cunb(gW,in w y poi don of uI,may ros iI1 lth 4owwii Ovi at it evinitnal tpe"aNfius witC W91l be p Py."0.'cl I WWI to Via Ill 1)(inYIml exlont po.%. ltlzlaw uloao'"w,law,.Purchasers are permitted to reproduce ton(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal Counsel,copyright @aia.org. §6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. (lf it is intended[hat the wages or salaries(?1 certain personoel stationed at the Construction Alanager's principal or other offices shall be included in the Cost ofthe Work, itletti1j,in Section 11.5, the personnel to be included, whether for all or only part of their lime, and the rates at which their tune will be charged to the hVi rlc) §6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time iequh ed for the Work. §6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements,customary benefits such as sick leave:, medical and health benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.23. §6.2.5 Bonuses, profit sharing,incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subconti actor or venclor, with the Owner's prior approval. §6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the Subcontracts. §6.4 Costs of Materials and Equipment Incorporated in the Completed Construction §6.4.1 Costs, including transportation and storage,of materials and equipment incorporated or to be incorporated in the completed construction. §6.4.2 Costs of materials described in the preceding Section 6.d.1 in excess of those actually installed to allow for reasonable waste and spoilage,Unused excess materials,if any,shall become the Owner's property at the completion of the Work or, at the Owner's option,shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Well(, §6.5 Costs of Other Materials avid Equipment,Temporary Facilities and Related Items §6.5.1 Costs of transportation,storage,installation, maintenance, dismantling and removal of materials,supplies, temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials,supplies, temporary facilities,machinery, equipment and tools that are not fully consumed shall be biased on the cost or value of the item at the time it is tint used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not filly consumed by the Construction Manager shall mean fair market value. §6.5.2 Rental charges for temporary facilities,machinery, equipment and hand tools not customarily owned by construction workers that Eire provided by the Construction Manager at the site and costs of transportation, installation, minorreparrs, dismantling and removal.The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. §6,5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. §6.5.4 Costs of document reproductions,facsimile transmissions and tong-distance telephone calls,postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office §6.5.5 That potion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with [Ire Work. §6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. -------- ------- --------- Init. AIA Document A13310—2009(formerly A121T'"CMc—2093).Copyright y)1001,2003 and 2000 by The American Institute of Architects.All rights reserved.VVARlHNG him AtPda Iftcuntmil i rmfocrtHi f>y Its d ojl yinitft Lave un 9 Orb rim io? d Tw iBiaav Uusr ft.,»ized re p>oodiwilnit m 10 V41^,4t0'1561tIryP1 of flhi k AiA {4Y unTepli ov win,tln,Olon of 1$,may r4.mat m Ewvem 4 vil and C.irmirI it p f4 aRiaq,and will�m tpra., 4.dvd io Riv YYImiimurrl 1 er ovg prat.,fbk?rmck r th r(aw.Purchasers are permitted to reproduce ten(10)coples or this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects legal counsel,copyright @aia.org. §6.6 Miscellaneous Costs §6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either hill or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval, i §6.6.2 Sales,use or similar taxes imposed by a governmental authority that are related to the Work and for which the Const'iiction Manager is liable, §6,6.3 Fees and assessments for the building permit and for other permits,licenses and Inspections for which the Construction Manager is required by the Contract Documents to pay. ' l §6.6.4 Fees of laboratories for tests required by the Contract Documents,except those related to defective or nonconforming Work for which reirrtbursenlent is excluded by Section 1 3.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents,and which do not fall within the scope of Section 6.7.3. 1 i §6.6,5 Royalties and license fees paid for the use of a particular design,process or product required by the Contract t Documents,the cost of defending suits or claims for infringement of patentrights arising from such requirement of the Contract DocumCu s; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlernents made with the Owners consent. However, such costs of legal defenses,judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents,then they shall not be included in the Cost of the Work. f §6.6.6 Costs for electronic equipment and software,directly related to the Work with the Owner's prior approval. §6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific' responsibility in the Contact Documents. i §6.6.8 Legal,mediation and arbitration Costs, including attorneys'fees,other than those arising from disputes between the Owner and Construction.Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. §6.6.9 Subject to the Owner's prior approval,expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel regaired for the Work. §6.7 Other Costs and Emergencies F §6.7.1 Other costs incurred in the performance of the Work if, and to the extent,approved in advance in writing by the Owner. §6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007. J §6.7.3 Costs of repairing or correcting damaged or nonconforming Well.executed by the Construction Manager, f Subcontractors or suppliers, provided that such damaged..or nonconforming Work was not caused by negligence of- failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties,Subcontractors,suppliers, or others. §6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work,notwithstanding any provision of AIA Document A201-2007 other Conditions of the Contract which may require the Construction Manager to pay Such costs,unless such costs are excluded by the provisions of Section 6,8. f §6.8 Costs Not To Be Reimbursed §6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office,except as specifically provided in Section 6.2,or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; Init. AIA Document A1337"^—2009(formerly A121 ToCMC 2003).Copyright n 1991 2003 and 2009 by l he American institute of Architects.All rights reserved WWA010VMG Ihis AlA DoeturIont k:I,nolocooI by O'tax copyviq 61...aaw and IrrtermAlor,a N lroafioc,,Un uMoHzvd uoprml mGmy or 11 drwtu'I& Aron of this AIFO V ocuincoi or any Ororfion ut n many umilt in nowom r,ivoi Imf Byinitnal pp u,al6col mina!with Oslo rya o,nr.utco to the unsiodiumat owutdunV po,vnbin a ininii dlw law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @ola.org. .3 Overhead and general expenses,except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses,including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.73 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subconhactors and suppheis or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs,other than costs included in Change Orders approved by the Owner, that would cause Hie Guaranteed Maximum Price to be exceeded;and .8 Costs for services incurred during the Preconstruction Phase, §6.9 Discounts, Rebates and Refunds §6.9.1 Cash discounts obtained on payments made by the Co119tr action Manager shall accrue to the Owner if(1) before making the payment, the Consh action Manager included them in an Application for Payment and received payment from the Owner, or(2) the Owner has deposited finds with the Construction Manager with which to make payments; otherwise„cash discounts shall aceruc to the Construction Manager. Trade discounts,rebates,refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be obtained, §6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. §6.10 Related Party Transactions §6.10.1 For purposes of Section 6.10, the term`related party"shalt mean a parent,subsidiary,affiliate or other entity (raving common ownership or management with the Consn uetion Manager; any entity in which any stockholder in,or management employee of,the Construction Manager owns any interest in excess often percent in the aggregate; or any person or entity which hats the right to control the business or affairs of the Consh uction Manager. The term"related Party"includes any member of the immediate family of any person identified above. §6.10.2 If any of the costs to be reimbursed at from a transaction between the Construction Manager and a related pity, the COI'1$h-lletl0n Manager shall notify the Owner of the specific nature of the contemplated h�ansaction,including the identify of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. if the Owner,after such notification, authorizes the proposed transaction, then the cost incurred shall be included as a cost to be reimbursed,and the Construction Manager shall procure the Work,equipment,goods or service front the related party, as a Subcontractor, according to the terms of Sections 23.2.1,23.12 and 2.3.2.3.If the Owner fails to authorize the transaction,the Conshoctinh Manager shall procure the Work, equipment,goods or service from some person or entity other than it related party according to the terms of Sections 2.3,2.1,2.3.2.2 and 23.2.3. §6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Well(and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred, The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice, be afforded access to,and shall be permitted to audit and copy, the Construction Manager's records and accounts', including complete documentation supporting accounting entries, Books,correspondence, instructions, drawings,receipts, subcontracts, Subcontractor's proposals, purchase orders,vouchers,memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES §7.1 Progress Payments §7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sun to (lie Construction Manager as provided below and elsewhere in the Contract Documents. §7.11 The perfect covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: ----- ------- AIA Document A1331-—2009 formerly A121""CMc 2003).Copyr fight C)1991 2003 and 2009 by The American Institute of Architects.All rights halt. reserved WAp3PdllNGd [his AIA IIior¢rvnrmt ins lavotcutaot day 013.d opyrrpht uaw ana lntornafiona reaiiex nniudiaursad ra profinr.tion o1 12 dMrOkuirem at this A I A Docisi svlt tar any ropiinvv of it may rose t in snvu?v iAW and arr'Imrnap inr¢r,aIties,and wM Pau^pxr„s,.a filed W¢pun rnnroarrnurer aixianf paras,RAe arnada ii tIi e sm Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. i §7.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than the 25th day ofthe f0110Wing month, If an Application lot-Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30 )days after the Architect receives the Application for Payment. (I edertur, slate ar local laws may require pcq,rnew within a certain period oj'time.) §7.1.4 Willi each Application for Payment the Construction Manager shall submit payrolls,petty cash accounts,receipted - invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager,less that portion of those payments attributable to the I Construction Manager s Fee,plus payrolls for the period covered by the present Application for Payment. §7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of'values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. 'cite schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Construction Manager's Applications for Payment. §7.1.8 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of J the period covered by the Application for Payment. The percentage of completion shall be the lesser of(1)the t percentage of that portion of the Work which has actually been completed,or(2)the percentage obtained by dividing f (a)the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for t which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 1 §7.1.7 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion offlre Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximums Price allocated to that portion of the Work in the schedule of values.Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of ALA Document A201 -2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work,or if approved in advance by the Owner,suitably stared offthe site at a location agreed upon it]writing; ' .3 Add the Construction Manager's free,less retainage of f rive percent( 5 %). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bens to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of f ive percent( 5 %)from that portion of the Work that the Construction Manager self-performs; .5 Sohn act the aggregate of previous payments made by the Owner,; .8 Subtract the shortfall,if any,indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications far Payment,or resulting fiorn errors subsequently t discovered by the Owner's auditors in such docmnentation�and .7 Subtract amounts,if any,for which the Architect has withheld or nullified Certificate for Payment as provided in Section 9.5 of AIA Document A201--2007. ,§7.1.8 The owner and Construction Manager shall agree upon(1)a mutually acceptable procedure for review and approval of payments to Subcontractors and(2)the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. §7.1.9 Except with the Owner's prior approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. - ----------- - l AIA Document A133 2000(formerly A121 TmCMc—2003).Copyright O 1991 2003 and 2009 by The American Institute of Architects.All rights , Init. reserved VV AIdNINC, I has ALA V])mnnowt in protau taml by U.S.CC)Pyntlht Law nand IntevAinfomr d t rr a€u,vb Unirdhoilzi d kripro luctlort or 13 d dish bunon of Ulriw AM`DockommIV to ,any Oro 1 an W H,it ay ro nit in iovmo Avil iiN10 urintinal perr,dHet,and YVltI no proscjeutod to Uve ar4uel ill utu n r oxfeolt pioassible tit dor it taw.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of ; AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @ala.org. §'7.1.10 In taking action on the Construction Manager's Applications for Payment,the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination,,audit or arithmetic verification of the documentation submitted in accordance with Section 7.].'1 or other supporting data;that the Architect has made exhaustive or continuous oil site inspections;or that flee Architect has made examinations to ascertain]low or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations,audits and verifications, if required by the Owner,will be performed by the Owner's auditors acting in the sole interest ofthe-Owner. 7.2 Final Payment 711 Final paymenn,constituting the entire unpaid balance of the Contract Sam,shall be made by the Owner to the Construction Manager when - .1 the Construction Manager has frilly performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201--2007,and to satisfy other requirements, if any,which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: §7.2.2'Flie Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting,,and provided the other conditions of Section 7.2.1 have been met, the Architect will,within seven days after receipt of the written report of the Owner's auditors,either Issue to the Owner a final Certificate for Payment with a copy to the Construction Manager,or notify the Construction Manager and Owner in writing of the Architect's reasons f'or withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007. The time periods stated in this Section supersede those stated in Election cl of(lie AIA Document A201-2007,The Architect is not responsible for verifying file accuracy of the Construction Manager's final accounting. G 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be Tess than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201---2007,A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a ropy of(he Architect's final Certificate for Payment Failure to request mediation within this 30-day period shall result in (he substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager.Fending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the arnount certified in the Architect's final Certificate for Payment. 7.2.410,sufrsecpaent to final payment and at the Owner's request, (lie Construction Manager incurs costs described in Section 6.11 and not excluded by Section 6.8 to correct defective or nonconforming Weds,the Owner shall reimburse the Construoicin Manager such costs and the Construction Manager's Fee applicable thereto on the sane basis as if such Costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price.If the Construction Manager has participated in savings as provided in Section 5..2.1,the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager, AIA nocument A133air....2009 formerly A121 I-ClAc—2003).Copyright(e 199'1,2003 and 2009 by The American Institute of Afrhitects.All rights Init. r eserved VNF�pflird YC" Ifa.aIA�"D*cpfimnr i,d nrofected Ply u.s.cuvyrvghti...aw rurap r4eu'rru'tp ion of l raaLa:•,a 64runuruthm la¢dal r to mhpGlldou ip, 1� illshlbutdenr ol4tt1a Atdir IMck nceupt or may pdorlhrry rut rt ru Ur Powdt in swcu'e u.iei4 romp n,Irrmrnl pwrr.¢Wns,,dual w 1k Bend par+n¢re(u. toop ko the AYINtopla" extonp pdo:.ohe tmlvr ih?1 law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To,eport copyright violations of AIA Contract Documents,e-mail The American institute of Architects'legal counsel,copyrightuiaianni 1 ARTICLE 8 INSURANCE AND BONDS For all phases of the Project,the Construction Manager and the Owner shall purchase and nnaintain insurance, and the Construction Manager shall provide bonds asset forth in Article 11 of AIA Docmnent A201-2007. (State holding requirements, 'any, and limits of liahilitp.for insurance required in Article 11 ofAIA Docrnneni A201-2007.) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) Performance Bond 10070 Payment Bond 100% Maintenance Bond 100% ARTICLE 9 DISPUTE RESOLUTION §9.1 Any Claire between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007. However,for Claims arising from or relating to the Construction Manager's Preconstruction Phase services,no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution,and Section 9.3 of this Agi'eeinent shall not apply. §9,2 For any Clairu subject to,but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate boy. if the Owner and Construction 11anager do not select a method of binding dispute resolution helow, or do not subsequently agree in wr uiug to a handing dispute resolution method other than litigation, C7aivas will he resolved by litigation in a coma ofcomlretenl.ittrrsdiction.) 1-3 Arbitration pursuant to Section 15..4 of AIA Document A201-2007 1 M Litigation in a court of conipeteutjurisdiction Tarrant County, Texas 0 Other (Specify) 1 §9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007 fir J Claims arising Boni or relating to the Construction Manager's Construction Phase services,unless the parties appoint I below another:individual,not a party to the Agreement, to serve as the Initial I)ecision Maker. f (Ii'the parties ininuall)r agree, insert the none, address and other contact infornrnNon of the Initial Decision Maker, if other than the Architect.) i ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximuin Price Amendment, the Owner may ter fu late this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without: cause, and the Construction Manager rosy terminate this Agreement,upon not less than seven days' written notice to the Owner,for the reasons set forth in Section 14.1.1 of A201--2007. §10.1.21n the event oftermination of this Agreement pursuant to Section 10 1 I,the Construction Manager shall be equitably compensated for Preconstruction Phase set vices performed prior to receipt of a.notice of termination. in no event shall the Construction Manager's compensation under this Section exceed the compensation set fmih in Section 4.1. AIA Document A133TO—2009(formerly A121 mCMc 2003).Copyright©1991 2003 and 2009 by [tie American Instituto of Arr nods.All rights Init. reserved WARNING: f hug,AM'Doc umvrl0 is plobo ed by 0.5 Gril uryltf I.aw and inte'rraoowil ruedfl s ken uhWhou'izod reprodmAlorli or 1 J iIiutrituiatluun of thilil AIA' Doct,u,uctIt,air a u I y IrioI o i of II,I my rm,ult fn save re c Ivrl and cr'im Ill l A paean IIli,p rend w t I f he PP ogo,rurad Pia 2hm>Ina Arn Its exicnf p9arsrslble indor lim law.Purchasers are permNed to reproduce ten(10)copies or this document when completed. I o report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia,oig, §10.1.31f the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment,the Owner shall pay to the Construction Manager an amount calculated as follows,which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: A 'fake the Cost of the Work incurred by the Construction Manager to the date of ternrmation; .2 Add the C0uStrnetiDn Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section,all amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Weil( upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services, The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Managea which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10,1 11, To the extent that flue Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 10,execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contactual rights of the Construction Manager,as Pte Owner may require for the propose of fully vesting in the Owner the rights and benefits of the COn3trlctl On Manager under such subcontracts or purchase orders. All Subcontracts,purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts,purchase order s or rental agreements as described above,the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract,purchase order or rental agreement,if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated.If the Owner chooser; not to accept assignment bf any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract,purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of'such termination. §10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below,the Contact may be terminated as provided in At 14 of AIA Document A201-2007. §1021 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment,true amount payable to true Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.13 of this Agreement. §10.2.2 If the Construction Manager terminates the Contact after execution of the Guaranteed Maximum Price Amendment,the amount payable to the Construction Manager under Section 14,13 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above,except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager,utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. §10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. In such case,the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 ofAIA Document A201-2007, except that the Perm"profit"shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5,3.5 of this Agreement ARTICLE 11 MISCELLANEOUS PROVISIONS §'I1.1 'Penns in this Agreement shall have the same meaning as those in A201-2007. §11.2 Ownership and Use of Documents Section L5 of A201-2007 shall apply to both the Preconst action and Construction Phases. §11.3 Governing Law Section 13.1 of A201--2007 shall apply to both the Preconstruction and C.Onatuetlon Phases. Init. AIA Document A13311"—2009(formerly A121r'"CMc 2003).Copyught iD 1991 2001 and 2099 by The American Institute of Architects.All rights IeseNed WAlUNkYV{vii This APA lk, nl numt Pn Q;wtecrod by U.S.Copyright Law and Ir4YmnrF V mar hvafik,� .trrYaifflyorized dPrlY Odk)f 14"f(4"AY4 at 16 rintrlNvotwn of thh-,AiA Riavurnew,or any poi lon 0 n may ro bIt ui uvom cwll and cdrnirml portakeieu,and wit bno-rota wcu ed ro tar maxiniurn f exlhvmn Va^'ssrO€ar under the lemur,f urchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American institute of Architects'legal counsel,copyrigla@aia org. i I §11.4 Assignment The Owner and Construction Manager,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to it lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement Except as provided in Section 13.2.2 of A201 2007, neither party to the Contract shall assign the Contract as a whole without written I consent of the other.If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. §11.5 Other provisions: 1 l ARTICLE 12 SCOPE OF THE AGREEMENT §12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. §12.2 The following doCUITWI is comprise the Agi ecment: .1 AIA Document A]33 TM-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A201 T"-2007,General Conditions of the Contract for Construction .3 AIA Document E201 T"''-2007,Digital Data Protocol Exhibit, if completed,or the following: f f ,4 AIA Document E202"f 2008,Building Information Modeling Protocol Exhibit,if completed, or the following: .5 Other documents: (List other documents, rf any,jbrming part o.1 the Agreement.) General Conditions to be fixed at 6 . 60% of the cost of the work. l l i l This Agreement is entered into as of the day and year first written above. OWNER(,Wg-nalttre) C STR MA AG (SSgnaml. _ Y� it S�resld�rat (Printed tlanae and title) � — ( rimed ramc rrd Ole) GAM lOW You a,htvtolcl ,1);1u1 an orNinal R!IA Goinract Doror ent, Vma M lch this t xt apap ea"s Ira Idll',q).An opiqun 1p:d59Dia o%truAaR chmgpanus wi" "ot has�otsznaeaurepr,,1. Init. AIA Document A1331 2000(formerly A121 T14CMc 2003).Copyright O 1991 2003 and 2009 by The American Institute of Architects.All rights reserved.VVVAr'MIMW, thus!i W Inure Iova)t is prrnoctod by Udia G opynght R,.;uwr and hYtuIri fi o P I a I l m aflvb .Ut iVAafdvu'x!zod iqn auwa oru or 17 ah%tribuunrr at fliv,AIA DOV,Iaaim 4 t,V any porwyn m It,s'nxy 6rsf un wn v.;'V rI'until brut C irumaaI Para IVlea" and Wald prate gr¢a secam ed to @pia(naxhnurn f o,)Oant possibIo un&u Mar hVW.Purchasers are permitted to reproduce ten(10)copies of this document when completed,To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@ala.org. I uhf j ° AIA u Till 2009 Exhibit r Guaranteed Maximum Price Amendment for the following PROJECT: (Nance and address or location) This document has important legal consequences. Consultation with an attorney Is encouraged with 1 respect to its completion or t modification. AIA Uocumenl A201 1"-2007, THE OWNER: General Conditions of the (Name, legal slates and address) Contract for Construction,is adopted in this document by reference. Do not use with other general conditions unless this cfoeument is modified. THE CONSTRUCTION MANAGER: (Name, legal slaters and ad(kess) r f 3 f ARTICLE A.1 §A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement,the Owner and Construction Manager hereby amend the Agreement to establish a:Guaranteed Maxinuun Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum j - Price is an amount that the Contract Surn shall not exceed, The Contact Sum consists of the Construction Manager's t hee plus the Cost of the-Work, as that term is defined in Article 6 of this Agreement. r §A.1.1.1 The Contract Sam is guaranteed by the Construction Manager not to exceed ($ ), subject to additions and deductions by Change Order as provided in the Contract Documents, §A.1.1.2 Itemized Statement of the Guaranteed Maximum Price.Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories,allowances,contingencies,alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (provide belary ar reference an attachunenl.) f if f AIA Document A133 2000 iformerly A121 -CMc—2003).Copyright©1991 2003 and 2009 by The American Institute of Architects.All rights tat' reserved.VIPA KING YOaos AVA"P>acurokacrct4 tic prrrotuat,Vukt1 fay iJ.°:':4 (,rapyioght I..arvr xnr1 Ilrodorrmstkkaan�l Yua tpYan." tin uorPVaauu iz,¢!¢V ur trot aratnc7;Yerur rru` ciirtr'ubuko-¢nty of lhlv':BwU4't)f.l+:urnmu'r0,a.or erciy portbour ul i&,rn,rvy un,,u10.uro.nrverxa curd!arrdr.Y e;ri¢rrM ivatl Iraron.rl¢imrt,any➢w110 fao-n p,e r,>.ea utud ktr tikrur orruuuatrrrurn 1 t extunI possible uoh dot 010 law,purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. mmnnau §A.1.1.3'I'he Guaranteed Maximum Price is based on the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other idenljfieotion ofaccepted altenatev. Iflhe Contract Documents permit the Owner to accept other ahernales subsequent to the execution aflhis Anieadnren, atlach a schedute ofsuch otherallernaley.showing the amount for each and the date when the aniount expires.) §A.1,1,4 Allowances included in the Guaranteed Maximum Price,if any: (IdentiJ,allowance and state exclusions, ifanyfirom the allowance price.) Item Price §A.1.1.5 Assumptions,if any, on which the Guaranteed Maximum Price is based: §A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages §A.1.1.7'fhe Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement) Section Title Date Pages ----- -- Ini1. AIA Document A133 2009(formerly A121 TMCMc—2003).Copyright O 1991 2003 and 2009 by The American Institute of Architects.All rights reserved.VWARNJiNi Ghi.dIA rsm, mumx (? p1Par1<ated 4y S d apryn(lht k.nw and Ir i wnafimtal irs 0v1w tlrrarvM aHiod roprodmlion m 2 rtilarflrllauficrn i>v ffiN MA' ol my pae rrwrr or it err v rasnif nu rserr pe 60 mO cmimiall pr.rmffi -,and will be I)m sorLA i ery Ow l r,m)(imum rMaent p o,.,Tah[v s ndvr Ow iasw.Purchasers are permitted to reproduce ten(10)copies of This document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright @aia.org. §A.1.1.8"Phe Guaranteed Maximum Price is based upon the following Drawings: (Either-list the Drawings here, or refer to an exhibit attached to this Agreement) '.. Number Title Date 1 t 1 l §A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List stay other documents or infra nation here, or refer to an exhibit attached to this Agreement.) i I i f ARTICLE A.2 §A.2.1 The anticipated date of Substantial Completion established by this Amenchneut: r 1, f l OWNER (SignatrTr e) CONSTRUCTION MANAGER(Signature) (Printed naive and title) (Printed name and lisle) CAq.17TS:W Voo should,pgin an orltginlal AIA Conllatcit k)ocmonvm,on which this bmt.appeam in RFD.An original,aaeanes WM chtan1lo g w Of oof be ohsca vd Init. AIA Document A133 —2009(formerly A1217mCMC 2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved.W'WARVIPW6: tl lao.AIA'Doumnonf In:p¢rrta cta d Pay U.s c<wyowd I a�w and In&ravnaflonnil'ilauarflof, (ln,authoo'izod oeprru luction up 3 d'v*pRU'Nrreu.un+ef this AIA'I)ockinoyte of any I,eo runt of it,may rr kdh In uvvarru civil aaned vAmunM penrvptles,a wkwit flee poo secoBred to thfu t ulaximuni exrotht Pousibkr umbo Om law,purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects legal counsel,copyright@aia.org. CER-r'IFICATE OF INTERE sir'ED PARTIES F '1295 ORIA � ,I of I Complete Mos. l .4 and 6 if there are interested sirtjes, OFFICE USE ONLY Complete Nos.1,2,3,5, and 6 if there are no ritcrested parties. CERTIFICATION OF FILING 1 Name of business entity—filing f.r7.-.­rltho—city,state and Tduntr y of the business entity's place Certificate Number: of business. 2017-159039 Dean Electric, Inc.dba Dean Consinuctiori North Richland I lillrs, TX United States Date Filed: 01/27/2017 2 Name of governmental entity or state agency that is a party to the contract for which the form Is 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. RIFB# 17-004 CMAR services for Northfield Park Redevelopment Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) T- Controlling Intermediary 5 ClvTN - -0—nly if there is NO Interested P—arty. -- 6 AFFIDAVIT I sweat,or affirm,under penalty of perlwy,thatiho above disclosure stnue and correct. raven 'u K. C. HARRIS Poorry Public,State of Texas '�-7 Comm, Expires 10-28-2020 00% Notary ID 130879922 AFFIX NOI-ARY STAMP/SEAL ABOVE -7 Sworn to and subscrilhed before ne,by kho said -,this the z —` )----day of 20.- to corthy which,witnuss my hand and seat of of I eI V Forms provided by Texas Ethics Commission VVWW.ethiCS.StatejX.US Version V1.0.277 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Approve Resolution No. 2017-005 Authorizing the Submittal of a Grant Application to North Central Texas Council of Governments (NCTCOG) for the Transportation Alternatives Set-Aside Program PRESENTER: Bill Thornton, Assistant Director of Parks and Recreation SUMMARY: The City of North Richland Hills is eligible to apply for matching grant funds from the Transportation Alternatives Set-Aside (TA Set-Aside) Program. Adoption of the attached resolution is a pre-requisite to completing the grant application package prior to their February 24, 2017 project nomination deadline. GENERAL DESCRIPTION: The Federally-funded TA Set-Aside Program provides funding for active transportation facilities and improvements specifically focusing on regional and local network connectivity, access to public transportation, improving safety and providing safe trail and bike route crossings with roadway intersections. The City Wide Trail and Route System Plan was reviewed by the Park and Recreation Board at the October 3, 2016 meeting and Council reviewed the plan at the January 9, 2017 Work Session. Recommendations from this plan are the basis for the TA Set- Aside project nominations. Based on concurrence from the City Council, staff is currently preparing an application for a TA Set-Aside project titled, "NRH Active Transportation Projects for Trail and On- Road Systems." The minimum federal funding award per project is $150,000. The funds provided will be on a cost reimbursement basis with 80% of project costs being federally funded and 20% of the project costs being the responsibility of the local government. The City Wide Trail and Route System Plan included the following recommendations which meet the project evaluation criteria for the TA Set-Aside Grant Program. 1. Solar Rectangular Rapid Flashing Beacons proposed at various trail and road intersections. 2. High visibility crosswalks for on-road bicycle routes and major intersections. 3. New high visibility crosswalk along the Cotton Belt Trail at Precinct Line Road and Glade Road. 4. Shared Use Path on the north side of Glenview Drive from Linda Spurlock Park westward to Diamond Loch. MRH 5. Shared Use Path from the John Barfield Trail west of Rio Bend Court to the sidewalk on the south side of North Tarrant Parkway. 6. New sidewalk along Iron Horse Boulevard between the Cotton Belt/Calloway Branch Trails and Mid Cities Boulevard. 7. Bicycle Boulevards on various streets designated by the use of shared lane markings and wayfinding and Bicycle Boulevard identification signs. 8. 911 Emergency Location signage along all trails at a frequency no greater than every 1/8 mile. 9. Trail and street intersection identification signs along all trails. Significant project savings after completion of the Calloway Branch and John Barfield Trails, totaling approximately $286,000, can be used to fund the required 20% local match. While staff is still working to determine a final project cost, the total estimated project cost is not expected to exceed $350,000. At the 20% match rate, the City's contribution would be no more than $70,000. RECOMMENDATION: Approve Resolution No. 2017-005. Transportation Alternatives Set-Aside Program for NRH Active Transportation Projects for Trail and On-Road Systems 1) Solar RRFB Proposed Locations (All within Public ROW controlled by The City) a) JoAnn Johnson Trail crossing Rufe Snow (add MUTCD advanced warning signage) b) John Barfield Trail crossing Rumfield c) John Barfield Trail crossing Kirk Ln. 2) Trail user visibility improvement (All within Public ROW controlled by The City) a) Provide high visibility crosswalk for on road bicycle route (Bicycle Boulevard) across Bursey Road from Londenderry to Valley. This will require new curb ramps north and south of Bursey on west side of intersection 3) Trail user visibility improvement with refuge island (All in State ROW, we have a permit and will secure a letter of agreement from the District Engineer) a) Cotton Belt Trail at Precinct Line and Glade Road (north side- plans complete and shovel ready) 4) High Visibility Crossings (All in Public or State Row or City owned property, e.g. NRH2O) a) Blvd. 26 at NRH20 and TCC entries (extend TxDOT accessible ramp into the park to main entry) b) North Tarrant Parkway and Smithfield Road (possibly stripe just outside brick crosswalk- Refer to MUTCD standards) Public ROW c) Iron Horse Blvd. and Mid Cities (restripe using traditional parallel striping). Public ROW 5) Shared Use Paths (off-road to AASHTO standards) and sidewalk a) John Barfield Trail west of Rio Bend to sidewalk at North Tarrant. (Shared use path on City owned property) b) Glenview from Dawn Drive to Diamond Loch on the north side. (Public ROW controlled by the City- Confirmed at 20') 6) Sidewalk Extensions (Public ROW) a) Iron Horse Blvd. from Cotton Belt/Calloway Branch Trail to Mid Cities. A curb ramp on the north side of Mid Cities and adjust signal box to allow for accessibility from SE corner of Mid Cities and Iron Horse to NW corner of Mid Cities and Buckingham. (Public ROW confirmed at 9'). 1 propose an 8' walk if practical. 7) Bicycle Boulevards (shared lane markings and wayfinding/bicycle boulevard signage all in Public Right of Way.) a) Diamond Loch from Glenview to Tabor and north on Lariat to Meadow Lakes b) Vance at Glenview northward to Corona c) Bridge Street from Davis to Ice House Drive d) Winter Park from Newman to Mid Cities e) Buckingham from Mid Cities to Calloway Branch Trail in Richfield Park. f) Waterford from Calloway Branch Trail in Cross Timbers Park to Londonderry to Bursey Road. g) Graham Ranch (Wayfinding signage without shared lane markings as a means to connect The Calloway Branch Trail from Richfield Park to Cross Timbers Park)All on new posts and not street poles h) Chapman Rd. from Richfield Park to Graham Ranch i) Hightower from Graham Ranch to Douglas Rd. j) Douglas Dr. between Hightower and Starnes k) Cross Timbers Park to Green Valley Park via Keno, Amy, Friar, Miracle, Red Oak and Chasewood 1) Shadywood Cul-de-sac from John Barfield trail to John Barfield Trail (to include the appropriate way finding to connect trails in both directions) m) Spring Oak Drive from John Barfield behind Tarrant Maintenance to Rumfield (to include the appropriate way finding to connect trails in both directions) 8) Wayfinding Signage & Street Markings a) All proposed Bicycle Boulevards 9) Professional design and engineering services to AASHTO standards. Projects not in Public Right of Way 1) 8' sidewalk connections from neighborhoods to future Veloweb (property owned by City and Public Access easement by Plat) a) Kristina Lane to John Barfield Trail b) Grace Meadows to Northampton Drive to John Barfield Trail 2) 911 Emergency Locator Signage- approximately 240 signs required (City of Dallas uses 1/8 mile frequency so that a sign is in site at all times. Current trail footage is 78,900' divided by 1/8 mile or 660' = 120 signs (double for both sides = 240 signs). These will be tied to GPS locator system with Police Dispatch. 3) Trail and street intersection identification. These will be place on the trail stop signs facing the trail containing the name of the street about to be crossed (Also a pan of the 911 system) approximately 45 of these will be needed. RESOLUTION NO. 2017-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, IN SUPPORT OF THE NRH ACTIVE TRANSPORTATION PROJECTS FOR TRAIL AND ON- ROAD SYSTEMS TRANSPORTATION ALTERNATIVES SET- ASIDE PROGRAM PROJECT WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy board associated with the North Central Texas Council of Governments (NCTCOG) and the regional forum for cooperative decisions on transportation; and, WHEREAS, the Regional Transportation Council approved on December 8, 2016 approximately $23 million for the current Transportation Alternatives Set-Aside Program call for projects; and, WHEREAS, the City of North Richland Hills intends to submit a transportation alternative project application for the NRH Active Transportation Projects for Trail and On- Road Systems to the North Central Texas Council of Governments (NCTCOG) prior to the February 24, 2017 deadline; and, WHEREAS, the Regional Transportation Council requires the submittal of a resolution as part of the Transportation Alternatives Set-Aside Call for Project application submission. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT: Section 1. The City of North Richland Hills supports the NRH Active Transportation Projects for Trail and On-Road Systems as applied for in the 2017 Transportation Alternative Set-Aside Call for Projects application. Section 2. The City of North Richland Hills will serve as the public sponsor and lead project contact on this project. The City of North Richland Hills agrees to designate a single point of contact for the project. Section 3. The City of North Richland Hills commits to fund or pass through funds from other sources for a minimum local cash match of 20% of the total project cost. Section 4. The City of North Richland Hills confirms that The City of North Richland Hills, not the Regional Transportation Council, will be responsible for any cost overruns. Section 5. The City of North Richland Hills understands and acknowledges that all awarded funding is provided on a reimbursement basis. Section 6. The City of North Richland Hills confirms the project timeline is realistic and commits that if the project is selected for funding, an agreement will be executed within one year of selection and the project will advance to construction within three years from the date of selection. Section 7. That the City Council of the City of North Richland Hills, Texas, does hereby authorize and direct the City Manager to act for the City of North Richland Hills, in the submission of the grant application for the Transportation Alternatives Set- Aside Program. PASSED AND APPROVED this the 13`" day of February, 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 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Authorize the purchase of 46 Zebra Citation writers and printers from CDW Government LLC in an amount up to $118,997.00 PRESENTER: Mike Young, Assistant Chief of Police SUMMARY: The North Richland Hills Police Department converted to Electronic Citation Writers through Brazos Technologies in 2008. This hardware and software has served the Police Department and the Municipal Court well. This system serves in both citation issuance and automated data entry into the court's Incode computer system. Since implementation, the hardware portion of this system has become dated and less reliable in the field. Both the Police Department and Municipal Court agree that continuing this program is of great value to the City. Since the original inception of this system, Brazos Technologies has been purchased by Tyler Technologies. Even with the change in ownership, the programing still retains its great service to the City. At this time, the Police Department desires to replace all the aging equipment and retain Tyler Technologies as the software system to handle citation related data. GENERAL DESCRIPTION: On December 16, 2016, a "Request for Proposal" was publicized for the minimal equipment needed to replace the aging citation equipment (45 units). On January 5, 2017, there were eight bids received of which CDW Government LLC came in with the lowest bid. CDW Government LLC is also a computer hardware company the City commonly does business with. A committee consisting of Bob Weakley and Tracy Brown from the Information Technology Department, Mike Young and Jeff Williams from the Police Department, and Debbie Durko from Municipal Court were brought together to score RFP 17-006 which was finalized on January 27, 2017. A rating system for equipment suitability (60%), price (25%) and delivery of product (15%) was assessed to determine the top submitting vender. CDW Government Solutions scored the highest across all areas of this assessment process. All committee members were in agreement with the winning bid, which was approximately $5,000 lower than the next bid submission. With the pricing coming in at below expected levels, the Police Department will be able to replace the 45 old units. With the addition of one unit, the pricing will be $107,397. The setup fee for the new equipment from Tyler Technologies will be $4,600 and MRH vehicle installation costs are anticipated to be $7,000. The total estimated cost for this equipment replacement will be $118,997. During this fiscal budget cycle, $130,000 in funding was allocated to the Information Technology Department from the Court Technology Fund to pay for this project. If approved, the Information Technology Department will purchase and configure 46 Zebra TC70 model citation writers and 46 Zebra MW520 Printers along with all the necessary hardware to operate this equipment out in the field. Additionally, the Police Department will ensure the necessary equipment is installed across the vehicle fleet. Once configured, 35 units will be deployed in front line police vehicles, nine units will be issued to Police Motor Officers and two units will be deployed as needed within the Police Department. Implementation for this program is expected to be completed in early June 2017. RECOMMENDATION: Approve the purchase of 46 Zebra Citation writers and printers from CDW Government LLC in an amount up to $118,997.00. NORTH & I C H L AN E) H V. L S ?%4m*mf THE CITY OF CHOICF PURCHASING DEPARTMENT REQUESTFOR PIZOPOSAL 17-006 HANDHELD CITATION WRITERS & MOBILE PRINTERS DUE Thursday,lanuary 5, 2017 BY 11 .00 A.M. 1, Table Of Conte its INVITATIONTO BID.......................................................................................................................................3 GENERAL CONDITIONS-....----,... ...... ....... . .........--- ---A MSUPANCF RFOUIREMiENTS.................. ....... .. . ...... ....,..,.......... ....................9 NON-COLLUSION AFFIDAVIT OF BIDDER-.-.. .... ............................ . . ..... . . ....... ... . .,.,.,,.,.. ...,,10 COMPLIANCE WITH HOUSE BILL 1295 .............. . . ....... ..... .. . .. .. . .... ....12 CONr IC'1 Of INTEREST QUEST'IONAIRE .....................................................................................................1�1 SPECIFICATIONS.......................................................................................................................................................14 2 INVITATION TO BID The City of North Richland Hills is accepting sealed proposals from all interested parties for: • Proposal Number: 17-006 • Solicitation Type: REQUEST FOR PROPOSAL • Proposal Name: Handheld Citation Writers & Mobile Printers • Proposal Due Date: Thursday, January 5, 2017 • Proposal Due Time: 11:00 A.M. Central Standard Time • Pre-Proposal Conference: None • Deadline for questions: Date: Wednesday, December 28, 2016 Time: 12:00 P.M. Central Standard Time DOCUMENTS MAY BE SUBMITTED ELECTRONICALLY VIA: www.pubBicpllrchase.com DOCUMENTS MAY BE DELIVERED TO: City of North Richland Hills Purchasing, Attn: 17-006 Handheld Citation Writers & Mobile Printers 4301 City Point Drive North Richland Hills, TX 76180 If delivering a proposal packet please include One (1) original marked "original' plus One (1) digital copy on CD-ROM or Flash drive. Submit documents in a sealed envelope with the following information marked plainly on the front: ATTN: PURCHASING DEPARTMENT 17-006 Handheld Citation Writers & Mobile Printers No oral explanation in regard to the meaning of the specifications will be made, and no oral instructions will be given after the pre-proposal 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 proposal 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 proposal on Public Purchase before submitting a response. The City of North Richland Hill reserves the right to reject in part or in whole all proposals 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 became 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 January 5, 2017 by 11:00 am. 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 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; e) 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; 4 f) 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 the City of North Richland Hills. 5. BID 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 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 bidder's 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. 5 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 specked 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. 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" includesdentification 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 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. 6 One CDW Way 230 N. Milwaukee Avenue Vernon Hills, IL 60061 '.. Phone: 847.465.6000 Fax: 847.419.6200 '.. Toll•free: 800.808.4239 References CITY OF MISSOURI CITY 1522 TEXAS PKWY MISSOURI CITY, TX 77489-2170 jobi Mathew 281-403-8960 jmathew @missouricitytx.gov CITY OF PORT ARTHUR PO BOX 1089 PORTARTHUR, TX 77641 Dave Mai (409) 983-8658 dmai @portarthurpd.com Pekin Police Department 111 S CAPITOL ST PEKIN, IL 61554 Donald Baxter 309-478-5301 dbaxter @ci.pekin.il.us 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. 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 Ctty, any claim or litigation brought in connection with any such injury, death, or damage. 7 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. 19. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing Interlocai cooperation agreements with the City of North Richland Hills. 20. 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 omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. 8 INSURANCE REQUI) EMEN'Ti'S 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 autborized 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 Type 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) ProducWCompleted Or in coverage Operations c) Independent Contractors $1,000,000 combined single limits City prefers that insurer be rated d) Personal Injury BA V I or higher by A.M. Best or A e) Contractual Liability or higher by Standard&Poors f) PersonaljAdvertising 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 Connecticut County of Fairfield Matt Flood verges that: (Name) (1) He/She is owner, partner, officer, representative, or agent of CDW Government 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 c lluded, conspired or agreed, directly or indirectly with any other bidder, r person to submit a collusive or sham bid in connection with d bi and the price or prices quoted herein are fair and proper. SIGNA URE Matt Flood, Proposals Supervisor PRINTED NAME Subscribed and sworn to before me this 4th Day of January 2017 NOTARY PUBLIC in and for LwwH TTEW LUTHERAN Fairfield Notary Public County,Texas.Connecticut Connecticut Aug. 1, 2019 m. Expires August 31, 2418 My commission expires: g• THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID 10 RFP 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 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 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: CDW Government LLC ADDRESS: 230 N. Milwaukee Ave. CITY, STATE&ZIP: Vernon Hills, IL 60061 TELEPHONE: (877) 274-3443 FAX (312) 752-3902 EMAIL: daveedw com SIGNATURE: ` PRINTED NAME f Flood, Proposals tewryisor DATE: 1/4/2017 1 t. COMPLIANCE WITH HOUSE BILL 129S In 2015, the Texas Legislature adopted l Ilaadarse 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 frttp ://evww. tVnd s.sfl�wtz.tx.tiia„(� hGz't ��ewhlY i fo forrn1295.1itin. 12 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft. Complete Nos.l-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. 2017-150077 CDW Government LLC Vernon Hills, IL United States Date Filed: 2 Name of governmental entity or state agency that is a party t—otTW contract for which the form is 01/04/2017 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 identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 17-006 Information Technology:17-006 Handheld Citation Writers&Mobile Printers 4 Nature of interest Name of Interested Party City,State,Courdry(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or affirm,under pen of erjury, t the above disclosure is true and correct. MATTHEW , 19 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Malt Flood,Proposals Supervisor 4th January Sworn to and subscribed before me,by the said ,this the day of , 20,,Af,__ ,to certify which,witness my hand and seal of office. -- , '�•...,,, Matt Lutheran Notary Public Signature of officer administering oath Printed name of officer adrrimist Ing oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state txsus ',.,t.. Version V1.0277 CONFLICT OF INTEREST QUESTIONNAIRE 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. 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. The Conflict of Interest Questionnaire is available on line at: tett� .11veaaaystlrncs»sbate.tx,ns/fauns/Cl�b.redf 13 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 841h Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. CDW Government LLC 2 ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. None Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than tnvestment income, from the vendor? F1 Yes F7 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes E7 No 6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 6 ❑ Check this box if the vendor has given the locaN gover r or a family member of the officer one or more gifts as described in Section 178.003(a)$,2)(6), excludi described in Section 176A03(a-1 p. 7 Matt Flood, Proposals Supervisor 1/412017 Signature of vendor doing business with the governmiiMl entity Plate Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code F4176.00110-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code 5176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the locale government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code S 176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www,ethics.state,tx.us Revised 11/30/2015 SPECIFICATIONS INTRODUCTION: The City of North Richland Hills (the "City") is requesting proposals from qualified firms for Handheld Citation Writers & Mobile Printers. The proposal will be based on the functionality requirements specified in Attachments "A". The City s goal is to replace existing equipment that is becoming unreliable with new, faster, and more accurate citation writers along with printers for transmission of citation data from the North Richland Hills Police Department ("NRPD") to the City's Municipal Court. BACKGROUND: The City of North Richland Hills (NRH) has made the decision to continue using electronic citation writers' software through the Tyler Technologies Software system. The bulk of all citations issued by the police officers of the City use this system which is then uploaded to the City Court Incode Software system. The current equipment has reached end of life and is currently in need of replacement. NRH is seeking qualified vendors to provide hardware quotes based on the specifications listed in: Attachment A: Table of Technical Requirements Attachment B: Hardware Quote Sheet CONTRACT: The selection of the proponents and the execution of a contract, while anticipated, are not guaranteed by the City. The City reserves the right to determine which proposal is in the City's best interest and to award the contract on that basis, to reject any and all proposals, waive any irregularities of any proposal, negotiate with any potential proponent (after proposals are opened) if such is deemed in the best interest of the City. MISCELLANEOUS REQUIREMENTS The City will not be liable for any of the cost incurred in preparation and presentation of the response. Any materials submitted by the Vendor that is considered confidential in nature must be clearly marked as such. Due to applicable laws and regulations concerning public documents, the City makes no representation that such material will be kept confidential. The City representatives will be allowed a site visit to any of the accepted proposals. EVALUATION OF PROPOSALS EVALUATION CRITERIA: The proposals submitted in response to this RFP will be evaluated by a City selection committee. The City will initially evaluate the qualifications of proponents submitting proposals based on, but not limited to, the following criteria and will award points in each category up to the maximum number of points listed: 14 ITEM DESCRIPTION RATING 1. Proposed Equipment Viability 60 a. Compliance with functional requirements b. Compliance with technical requirements (Ability to integrate with current software provider) 2. Cost 25 a. Cost of Hardware b. Cost of Maintenance C. Additional costs (Overall costs to integrate components for use with existing software) 3. Delivery Lead Time 15 TOTAL 100 AWARD OF CONTRACT A. NEGOTIATIONS: After selection of a proponent based on qualifications, the City will then enter into negotiations as to the terms of the contract, all aspects of services, and the compensation to be paid to the proponent. B. INABILITY TO REACH AGREEMENT: in the event the negotiations between the most qualified proponent(s) selected and the City cannot be completed as a result of an inability to reach agreement on the fee for services, or the scope of work to be performed, then at the option of the City, the contract may be awarded to the next most qualified proponent. C. CITY COUNCIL APPROVAL: The final contract will be submitted to the City Council for approval unless the award amount is less than $50,000.00. In the event the total amount of the contract is less than $50,000.00, the contract will be awarded administratively. FINAL CONTRACT: 1. The selected proponent will be required to assume responsibility for all services offered in its proposal, whether or not such services are provided by a subcontractor or joint venture arrangement. The selected proponent will be considered the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 2. The selected proponent will be required to enter into a written contract prepared under the direction of the City. The City's standard terms and conditions for high technology agreements are included as Attachment "A". Where conflicts exist between the provisions of Attachment "A" and the provisions of this RFP, the provisions imposing greater responsibility on the successful proponent will control. 2. This RFP and the selected proponent's proposal, or any part thereof, may be incorporated into and made a part of the final contract. The City reserves the right to negotiate the terms and conditions of the contract with the selected proponent. is 17-006 ATTACHMENT "A" TABLE OF TECHNICAL REQUIREMENTS Item # Category Requirement Description Required Response Priority Hand Held The handheld device is sealed Describe how the Must Have 1. Hardware to IP54 to protect against handheld is protected windblown dust and rain. and sealed. Hand Held The external case is made of Describe how the Must Have 2. Hardware high strength solvent resistant external case is sealed. plastic to protect against sleet and rain. Hand Held The handheld includes the ability Describe where the Must Have 3. Hardware (or hardware) to capture data 2- reader/scanner is D bar codes. located on the handheld Hand Held The handheld includes the ability Describe where the Must Have 4. Hardware (or hardware)to capture data reader is located on the from magnetic strips. handheld. Hand Held Photographs will be captured. List the file types the Must Have 5. Hardware (Black and White or Color) photographs are created in. Hand Held The handheld will withstand Describe warranties Must Have 6. Hardware drops of up to 4 feet onto a covering structural and concrete surface without any operational damage. structural or operational damage. Hand Held The handheld will operate in Describe the Must Have 7. Hardware temperatures-4 to 122 degrees temperatures range the Fahrenheit, + or- 10 degrees. handheld operates in. Hand Held The handheld will operate in a Describe the Relative Must Have 8. Hardware humidity of 10% to 90% Relative Humidity range the Humidity non-condensing, + or- handheld operates in. 5% Hand Held The handheld standard keypad List special functions Must Have 9. Hardware can accommodate special the handheld keypad functions (if required)without will accommodate. custom labeling. Hand Held The handheld controls the Court Explain how the hand Must Have 10. Hardware date &time, issue date&time held keeps track of the and all business rules current date and time. associated with these. Item # Category Requirement Description Required Response Priority Hand Held The display includes Describe the standard Must Have 11. Hardware backlighting as a standard backlighting feature. feature. Hand Held The display has a time-out Describe the display Must Have 12. Hardware feature(the ability to power time-out feature. Explain down after a preset period of the process for user inactivity and to reactivate) when controllability. the operator presses a key. The length of timeout is user controllable. Hand Held The handheld has a full Describe the keypad Must Have 13. Hardware alphanumeric keypad with at including alphabetic (A- least 40 keys, including Z) and numeric (0-9) alphabetic (A-Z) and numeric (0- characters and function 9) characters plus appropriate keys. function keys. Hand Held The operator can adjust the Explain how the Must Have 14. Hardware contrast display on the operator can adjust the handheld. contrast. ......... ._,_ ...._.,., Hand Held Batteries will be fully recharged Explain how the Must Have 15. Hardware in 5 hours or less. batteries will be fully charged. -................................... ........_ ------ Hand Held The handheld uses field Provide estimate of time Expected 16. Hardware replaceable battery technology handheld will be usable with enough power for 8 hours of while powered by a field use per batterv. replacement battery. ............... .......... Hand Held The charger has an LED light Describe the battery Expected 17. Hardware indicating battery charging charging indicator. status. Hand Held The handheld has the capacity Describe the device Expected 18. Hardware to capture fingerprints. used. Hand Held The handheld should have the Provide the Expected 19. Hardware ability to accept an accessible specifications of the internal or integrated external air internal air card. card. Item # Category Requirement Description Required Response Priority Hand Held Communications between the Describe the hardware Desired 20. Hardware handheld and Municipal Court required for the can be done via a cellular handheld to interface interface. with Wireless LAN. Hand Held — besi4ded­" Communications between the Describe the hardware 21. Hardware handheld and Municipal Court required for the can be done via 802.11 b/g. handheld to interface with Wireless LA Hand Held Communications between the Describe the hardware Desired 22. Hardware handheld and Municipal Court required for the can be done via GSM/GPRS. handheld to interface with GSM/GPRS. Hand Held Notes can be entered via voice. Explain audio hardware Desired 23. Hardware required for the handheld to receive voice recordings Hand Held Expansion slot able to be user Explain how data card is Expected Hardware accessible with 32/64 Gb used MicroSD removable data card Hand Held Memory size of the unit Size of the memory? is Expected Hardware it expandable? ............. -.......- 26. Hand Held What are the wireless IEEE List all bands available Expected Hardware 802.11 frequency bands used by for use by the hardware the hardware? ..................... 27_..mm. Hand Held Is the data encrypted when WEPNVPANVPA2? Expected Hardware transmitted wirelessly? Hand Held Is the hardware Bluetooth Yes/No answer Expected Hardware enabled? 9. Hand Held Operating system of the Operating system name Expected Hardware hardware? and version -——-------- a d J Y C ' a d d _ d a Z c n c 0 Y W d O N L V d � c s pG O V m m a e m m n q > d d c 3 v 5 s d N m ° ,'emu r E •iO• v H ° E m g m dic 3 0 c � E c c A v w � c °n '" a ° n a s o t a o n tw W. = .$ d m x a A o < ' 0 . 6 m C d y R W n W N C �Tr O p q_ `w, a E Q C d N d a d N E N d t G V F d L W S a O H ` O E t 3 g 0 0 -W q ° o c ccc O w 3 'a ti a p£ O_u V N °rr' D d M1^. Wy `w 3 row o9 ¢d o. c9 'j n o n ac y nn o 5 °QCLu � x `e '" '� � o3 `zQ E c m 5 ¢ m n m m ° `a n c c d g o ¢ o ' o `m v o v as .d. c � o .m. W+ 4 y �°.� 3 a 1O o " d N °-' H rc c `D 2' n o w v A A a $ — ' 3 Om 3 N ' x c N 4i o o fl '1 ti N fl ti ti '1 N ti N N N N N R4 N N N N UNITS(EA) MFG NUMBER 45 TC70OH-KC11ES-NA 45 SSE-TC70XX-50 3 CRD-TC7X-SE5EU1-01 3 23844-00-OOR 3 50-16002-029R 3 PWRS-14000-241R 45 ZQ52-AUEOOOO-00 35 P1063406-029 35 P1063406-030 12 P1031365-024 7 CBL-TC7X-USB1-01 7 50-16000-182R 7 PWRS-14000-249R 35 CHG-AUTO-HWIREl-01 35 CRD-TC7X-CVCD1-01 1 Proposer May Quote Zebra Or Ei State Your Delivery Lead Time R 17-006 ATTACHMENT "B" HARDWARE QUOTE SHEET HANDHELD CITATION WRITERS & MOBILE PRINTERS DESCRIPTION Zebra Enterprise,TC70, WLAN 802.11 ABGN,Android KITKAT 4.2.2, Standard Range 1D/2D Imager (SE4750), Front & Rear Cameras, 1GB/8GB, Bluetooth, NFC, 4620 MAH Battery, North America only. Zebra Enterprise, One Care Essential Service, Includes comprehensive coverage, TC70XX, 5 Year Zebra Enterprise,TC7X 5-Slot Ethernet Sharecradle Zebra Enterprise, US AC Line Cord Zebra Enterprise, DC line cord for 4-Slot cradles, works with power supply (50-14000-241R) Zebra Enterprise, Power Supply for 4-Slot Cradles, 100-240VAC, 12VDC, 9A, Requires DC Line Cord 50-16002- 029R and AC Line Cord 23844-00-OOR (replaces 50-14000-241R) Zebra, Printer, ZQ520,4",BT 4.0,GROUP 0 Zebra, ZQ500 Vehicle Cradle Zebra, ZQ500,DC Vehicle Adaptor, Open Ended, 12-24V Zebra, QL420, QL320, QL220 and ZQ500, MOBILE AC Adaptor, US Zebra Enterprise,TC70 Snap-on USB/Charge Cable Zebra Enterprise, US 2 wire AC Line Cord, 1.8 M, ungrounded, NEMA 1-15P plug Zebra Enterprise,AC power supply with barrel jack, used with multiple cable cups/cradles, requires AC line cord Zebra Enterprise,Auto Charger for TC7X Vehicle Cradle (sold separately), hard wire to barrel jack. Zebra Enterprise,TC75 Charge Only Vehicle Cradle Shipping Costs TOTAL PRICE juivalent Mfg. Brand )r Complete Order. UNIT PRICE TOTAL PRICE Lead Time $ 1,072.00 $ 48,240.00 In Stock $ 440.00 $ 19,800.00 In Stock $ 465.00 $ 1,395.00 In Stock $ 5.00 $ 15.00 In Stock $ 23.00 $ 69.00 In Stock $ 60.00 $ 180.00 In Stock $ 555.00 $ 24,975.00 In Stock $ 82.00 $ 2,870.00 Please note part# P1063406-029 is End of Life, 7-21 Days has been replaced with P1063406-062. Pricing $ 27.00 $ 945.00 is the same for both units. In Stock $ 41.00 $ 492.00 In Stock $ 68.00 $ 476.00 In Stock $ 3.00 $ 21.00 In Stock $ 26.00 $ 182.00 In Stock $ 59.00 $ 2,065.00 In Stock $ 103.00 $ 3,605.00 7-21 Days $ 105,195.00 Zebra See "Lead Time" Column (7-21 Days) 411 o�iU1l�NU19b, oo dU i:yk r I)Id dir, .,MNY ''0 tj1urrn F.." rovi iicrag Mob He So k.if6on for F.::"u IIis Safety and ILaw Enf rc erne -it a t � r, o r ,1 J/ii "�"rior r9i i o i2 /� i airy Tyler Technologies is in the business of building, deploying and managing world-class mobile applications for customers in state and local government and the corporate sector. We offer a turnkey, end-to-end solution that is fully customizable, interfaces with existing systems and can leverage your investment across many functions. Anything you run today — from electronic citations to CRM, code enforcement and work orders — can be extended to handheld devices via the Web. ii,, Al� i i k � m EffiffiNEENEEMEM rhe'Cn:nl i nruio& Mithil n AppIiicatio n bob IKit Tyler's Brazos" Mobile Application Tool Kit enables our customers to rapidly and easily create, deploy and manage mobile applications on PDAs, cell phones and laptops. Using the tool kit, you can deploy forms-based applications to capture any information currently collected via paper or any other medium. The tool kit is a 100 percent NET web- based platform that allows Microsoft's Windows'-based devices to communicate directly with any industry standard database without the need for a dedicated intermediary server or workstation.The data moves via industry standard XML and is secured by several layers of compression and encryption. Through the web-based design and management portion of the tool kit, you can adjust the look and feel of the screens, change reports, add users, change ticket layouts, set up jobs and much more, all without any IT support. Brazos handheld devices run a configuration interpreter and have no application-specific code. This means that devices running the Brazos software can be put to work to do just about anything—and it's all picked up by the device when it's synchronized. It offers the power of programming without the programming. Creating the Application The Mobile Application Tool Kit uses drag-and-drop form creation without the need for additional coding. New applications can be created and deployed within hours.The web-based design and management portion of the tool kit shows a life-like view of the target device and allows you to drag and drop, resize, hide/show and move fields from tab to tab.This ease of development allows you to maximize your investment in hardware and gain additional efficiencies throughout your organization at a fraction of the time and cost. Deploying the Application The mobile applications created are easily deployed across your organization. Once the application is created and the screens are customized to your specifications, the configuration is automatically rolled out to the handheld device as soon as it is synced.This auto-update feature significantly reduces the amount of time spent managing the entire system and reduces the risk of multiple versions running on different devices. The same holds true for any upgrades to the software itself or the operating system. Devices are upgraded with each sync. IS %%% With web-based design and management, you can closely simulate what your users are accustomed to seeing today. Brazos mobile applications are intuitive and easy to use. However, software training is important to ensure you're receiving the full benefits of the software.Tyler's Brazos solutions include a pp k w^^ rr oo^^ three-day TC LEOS E-approved training course encompassing hardware, software II �, and website use, as well as first-level troubleshooting techniques. Upon completion of the training program, your officers will be fully equipped to use the Brazos solution in the field. Syncing the a pp Ilicatimin The handheld devices can sync either in real-time or batch mode via cellular, �I I I I � I Bill III 802.11 a/b/g or batch connections. In addition to pulling any configuration w rllll,il'�ri i tin, .. d 4 ii .,, changes to the device, all information collected on the device is pushed to the database upon each sync. In the event the battery dies on a device, Tyler has developed Automated Battery RecoveryTM (ABR)to guarantee no data is lost. ABR is automatic and kicks in as soon as battery power is restored. When the device syncs, ABR reinstalls all Brazos software and recovers all data up to the last time the software was cleanly exited. No phone calls, no reinstallations and it I i no lost data. Simple as that. Managing the SystRrnf Using the Mobile Application Tool Kit, your system administrators define and control all users, user access and device access allowed for each application. This granular function provides detailed control over data access at both the user and device levels. Plus, if you want to change the look and feel of any portion of your application,you can make the changes in the web-based designer and deploy them to all devices without calling the units in from the field. III ENNEENNEEMEM MIDI ication P ubft.Mety Other Locall Government nt a plallicat.io ns • Traffic Citations and Warnings • Work Order Management • Parking Citations and Warnings • Health Inspections • NCIC and State Returns • Field Investigations • Building Inspections • AccidentlCrash Reporting • Activity Reports • Towed Vehicle Reports • IT Asset Management • Field Interviews • Fixed Asset Management • K9 Tracking • Criminal Trespass Warnings • Fleet Management • Daily Activity Reports • Code Enforcement • Animal Control Arin'un'.°aen'Mµl7Jl'f1YY 'Garc No BlEfS3i q'Wam YXn„w M i. OA • School Resource Officer Module ,fi 1WF111E �� r yo M� au3CU M S6r -rx •I�AM 1—t No p��k1s rnmL GFfF1TLVf PpkilbGLIGNIS 11 p P`tiepen 9 rid H � ngnWi f MWV<ol r Frew [MUP • Custom modules to capture any data currently rrvING.1 HPL � ,a� [(av,uwL ve�u�rcrnuEniwesiorcwmsM �!� rr being collected via paper SYSI,, ',NA M OCfOflilAl'N iNI14KNfYlIC P L°°I1'10 ryW10EAT I115P N�E—GIIO— — v W"I1 PROM E 4I PICFpR If RlI'L41 Lt d PI�iA41AAP INSIIWGY444UW �L[4 MNIICIVA4 UYJNi iR 94G V4F LOC VI 41NJP4 YNn 9 Y f-/ N 4 P� ��;• unueweG Uxt ttmfwo smw FA d i h k lux _ rt nax of f.in'o uw e 0 I V11 Hwr An Pw, 4ah EA v v.mrvf urtrcnnmaa.Leu " � /i, Mtlqu(F}ury le(1)ItE x tiR ' N IlnwOm 4Y)If 9%' IAx V.V 4f MoUev Si, w 1 1 kIHM••:y44 W 6 V" 0 V. 1 1 nofiam 4o)L knnp xmw a MpmeIP,l irx � 'i iJkv� aK Outstanding Support IDay In and Day Out Tyler Technologies provides outstanding customer support before, during and after the purchase of our solutions. When you have software-related questions or issues, you need access to quick, friendly and knowledgeable support. That's why we go beyond a typical call center or help desk department. We not only offer multiple channels for finding fast and courteous client support 24/7/365, but we employ some of the friendliest, most knowledgeable professionals in the industry. E%///pyi R011 Expectation In today's world, your agency is expected to do more with fewer resources. Enabling mobile data capture provides organizations with direct return on investment through data accuracy and labor efficiencies. While the overall cost of the project depends heavily on the hardware investment required, the typical payback period for implementing Brazos products ranges from 2-12 months for most clients. Most agencies are able to realize these labor and cost savings by reallocating resources to other mission-critical projects. Using Brazos electronic citations, agencies are able to: • Reduce time spent by officers at each traffic stop. Speeding up traffic stops with auto-population tools increases officer and citizen safety, as well as allows officers to be available for other calls and patrol duties. • Access NCIC and local warrants. Providing access to the NCIC database on the officer's mobile device speeds up overall traffic stops and frees dispatch and radio resources. • Reallocate human resources. By allowing information to be captured electronically at the point of activity, fewer Tabor resources are needed for data entry into the court, police records management and other back-end systems. • Minimize data entry errors. Capturing and validating data at the point of data entry reduces errors with both the original data capture as well as re-entry into the court and records management systems. These reduced errors decrease the dismissal rates. • Increase paperless processes. Reducing the need for paper duplicates saves significant printing costs as well as the cost of historical storage of paper copies. MEMEMEMEMMEM Minimal IT Suppaart Required For more than 15 years, Tyler's Brazos product has focused on mobile data collection and we continuously incorporate features to further your software's long-term viability and relevance. No change to your current IT infrastructure is required to implement our solution and you'll benefit from full administrative functionality to manage all users, devices, business rules and fields with no intervention from us. Whether you have a strong IT department or operate within a limited IT budget, Tyler can provide you with complete support for any of our solutions. A Tru stwoirtlhy,ILong-Term Partner Tyler Technologies prides itself on delivering world-class solutions and becoming a true partner with our clients. We strive to provide you with the most current technology available to help maximize your investment today and over the long term. When you purchase software solutions from Tyler, you aren't just getting the latest software as of the date you sign your contract. You are also getting the benefit of perpetual upgrades as they happen without additional license fees. 116 m t r jJ��/ ftwal e �� � � �um � I �e you do lyIni Tchnohal i ; (IVY'f TYI..) im a li raihiid provider of iul to crud inhanrimtioin niraiiap(mi( iil �,Oluluol m <aiul �,ervlr ism or local j yovmrni°nniils lylilr tf,utnr is with r ho,nlm hio einl>oivvnr the Iuahilir, r wclol — cille. ceunlle �,chaaol,and Other govn[IIIIicnl elllhims lia twcrnno, moire elhr i ill n°faro,rICCW",ihile and moire ro.minni^ive 10 the neo.d;oil r iliynw, lyler's climiil hx,n includw,illuain Ihrvn 13,000 local yoiverruno.nl offices ill all !>(:I ('aallaad,r tFie Cmitilmmn flee Ullilml Kiii};rJaarn and orthier intriiiatioinsl Irx,rholls I rarhw, lix, n,rined Tylr r one pf "Ani rir a R d Small Conlpmiies" r iy;ht line ;mild the compoaiiy har, heo ri include it vix tii°ru" oni the I',rnian'� 41(1(1 liidex, ,r rau amore aal the most pro[IIIK,111,� cOm1„1111Ms in Airuwric,r Mom irifoiiiiraluan ahxttal I`I'lIIo tua,r(I IYIn[ I nc Ill 101opIw, r tin Im fiomid rvt wvvw Iylr itr;ch,cpn°i, II' oHow pus on dllpnt54l(r 0 411 ityller 180(:)-d3] 5776 1 ii rha(wtylihrinoh.com f vvwwlyInitaoh.coni 0 0 41111� Eirnpowerling people who seirve the pwuubllilc' t,, ESTIMATE (IjI,411 4P Quote Number, 00004009 t ��m�'� Date Created 1��V171,5SPK� � ��, � �rt8[���l[|[/|�Q��� Expires On: 3/28/2017 North Richland Hills Police Dept. North Richland Hills Police Dept. James Mulvey 48V1 City Point Dr. ATTN: Chief Mike 43O1 City Point Dr. ATTN: Chief Mike (979)090-2811x70-1557 Young Y»«»8 North Richland Hills, TX78100 North Richland Hills, TX7h1;O jamesmu|v*y@t/ekeoh*om lmm ' E This quote is for the Android Development of the Zebra TC-70 ticket writer, as well as the set up of(46)printers and (46)ticket writers purchased from a third party. 1.00 Config Development of new configuration for hardware platform- $0.00 $0.00 HANDHELD 92.00 BT SETUP Set Up Fees-Third Party Hardware $50.00 $4,600.00 Sign and fax approved quotation to713.583.B323. Subject to the applicable terms of your existing contract with Tyler, and for the fees quoted herein,we grant to City of North Richland Hills, TX : (i)a per-unit license to the software located on the ticket writer hardware provided under this purchase order, and (ii)a per-unit license to access a remote database via the ticket writer hardware, both for your internal business purposes only. We will provide remote database access according to our industry standard hosting terms of service. Signature Subtotal $4.800.00 Tide Tax oaLn � Page 1ef1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft. Complete Nos.l-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. 2017-150077 CDW Government LLC Vernon Hills, IL United States Date Filed: 2 Name of governmental entity or state agency that is a party t—otTW contract for which the form is 01/04/2017 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 identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. 17-006 Information Technology:17-006 Handheld Citation Writers&Mobile Printers 4 Nature of interest Name of Interested Party City,State,Courdry(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or affirm,under pen of erjury, t the above disclosure is true and correct. MATTHEW , 19 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Malt Flood,Proposals Supervisor 4th January Sworn to and subscribed before me,by the said ,this the day of , 20,,Af,__ ,to certify which,witness my hand and seal of office. -- , '�•...,,, Matt Lutheran Notary Public Signature of officer administering oath Printed name of officer adrrimist Ing oath Tide of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state txsus ',.,t.. Version V1.0277 MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 2017 SUBJECT: Consider Resolution No. 2017-006, creating and appointing members to a Strategic Plan Committee. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: The City Council is being asked to approve a resolution creating and appointing a 15- member Strategic Plan Committee for the purpose of recommending a Strategic Plan for the City of North Richland Hills. GENERAL DESCRIPTION: City Council first identified the need for updating the Comprehensive Plan through discussions at the 2015 City Council Goals Retreat and the FY17 funding of a Transportation Plan element. Once the need for a Strategic Plan is identified, the second step is traditionally the creation of an advisory committee to direct staff and make planning and policy recommendations that best reflect the community's vision for the future. At its December 12, 2016 Work Session City Council agreed with a 15-member committee to meet monthly between March 2017 and March 2018. Resolution 2017-006 formalizes the following committee structure: • 3 City Council members 2 Planning & Zoning Commission members 10 other members of the community Staff also added a condition that no less than 12 of the committee members must own real property within the City. Meetings are planned to be held on the second Thursday of each month. PROPOSED RESOLUTION ATTACHED A proposed resolution is attached that establishes the Committee and defines its charge and maximum project timeline of 18 months. Staff is planning on completing the project in 12-14 months, but extra time is built in for contingency. The following "charge" is provided to the Committee through the resolution: MRH The Strategic Plan Committee shall recommend a Strategic Plan for the physical development of the City as well as other relevant policy goals that impact the sustainability and vitality of the City of North Richland Hills. Said Strategic Plan shall contain recommendations for growth, development, revitalization and beautification of the City and contain a ten-year Implementation Plan. A copy of the Strategic Plan, or any part thereof, shall be forwarded to the Planning and Zoning Commission for review and consideration under the rules established by Article XIV, Section 3 of the City Charter of North Richland Hills. The Committee shall be responsible to and act as an advisory body to the City Council and shall have and perform such additional duties as may be prescribed by this resolution or separate resolution. The resolution will also appoint 15 members to the Strategic Plan Committee. At the time of memorandum publication, staff was still been working on final nominee recommendations and had not yet completed contacting all nominees. The final list of nominees will be provided to City Council during Work Session. RECOMMENDATION: Approve Resolution No. 2017-006. RESOLUTION NO. 2017-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; CREATING A STRATEGIC PLAN COMMITTEE AND APPOINTING MEMBERS TO SAID COMMITTEE; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, it is the desire of City Council to develop a new Strategic Plan for the City of North Richland Hills; and WHEREAS, a Strategic Plan Committee can help shape the future of North Richland Hills by providing input, ideas and consensus on various questions facing the City; and WHEREAS, City Council desires to appoint members of City Council, the Planning & Zoning Commission and the community at large to the Strategic Plan Committee. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. A Strategic Plan Committee is hereby established which shall consist of fifteen (15) members. Three (3) members of the Committee shall be members of City Council, two (2) members shall be members of the Planning and Zoning Commission, and ten (10) members shall be appointed from the community at large. No less than twelve (12) members of the Committee shall be citizens who own real property within the City. The members of said Committee shall serve for the duration of the Committee's charge as defined herein. Vacancies shall be filled by the City Council. Members of the Committee may be removed by the Mayor with the consent of the City Council for absenteeism, conduct, or other reasons. SECTION 2. A Committee Chairperson shall be appointed by City Council. The Committee shall elect a Vice-Chairperson from among its membership. SECTION 3. The Committee shall meet once monthly for no longer than eighteen consecutive months beginning March 2017. A quorum for any meeting of the Committee shall be a majority of the members. SECTION 4. The Committee shall keep minutes of its proceedings which shall be of public record. The Committee shall serve without compensation. SECTION 5. The Strategic Plan Committee shall recommend a Strategic Plan for the physical development of the City as well as other relevant policy goals that impact the sustainability and vitality of the City of North Richland Hills. Said Strategic Plan shall contain recommendations for growth, development, revitalization and beautification of the City and contain a ten-year Implementation Plan. A copy of the Strategic Plan, or any part thereof, shall be forwarded to the Planning and Zoning Commission for review and consideration under the rules established by Article XIV, Section 3 of the City Charter of North Richland Hills. SECTION 6. The Committee shall be responsible to and act as an advisory body to the City Council and shall have and perform such additional duties as may be prescribed by this resolution or separate resolution. SECTION 7. The following members have been submitted for nomination and approved by a majority of the City Council. Three (3) City Council Members 1. Tim Welch 2. Tim Barth 3. Rita Wright-Oujesky Two (2) Planning & Zoning Commission Members 4. Jerry Tyner 5. TBD Ten (10) Members-at-Large 6. TBD 7. TBD H. TBD 9. TBD 10.TBD 11.TBD 12.TBD 13.TBD 14.TBD 15.TBD PASSED AND APPROVED this the 13th day of February, 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 ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 13, 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: Registration is underway for the Park and Recreation Department's spring adult athletic leagues including softball, kickball, volleyball and basketball. Find more information and register online or at the NRH Centre. The Police Department UNIDOS Program will host a free Health Fair on Saturday, February 25th from 11:00 AM to 3:00 PM at Wiley G. Thomas Coliseum. The health fair will include 40 vendors and free blood pressure and health screenings for the entire family. Kudos Korner: Every meeting we recognize our employees for the great things they do. Tonight we recognize: Officer Tiffany LePenna with the Police Department - An employee with a roadside assistance company expressed appreciation for Officer LePenna's help when he was aiding a stranded motorist on Loop 820. She put out cones and flares to keep him safe while he worked to replace a blown out tire. Although he ran into some issues, she was patient, helpful and by far the most professional officer he has ever encountered. He is grateful that she took the time to help. Because of her, both he and the stranded motorist made it home ok, he said.