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Home My WebLink AboutCC 2009-01-26 Agendas City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, January 26, 2009 7:00 P.M. A.0Call to Order - Mayor Trevino A.1Invocation - Councilman Whitson A.2Pledge - Councilman Whitson A.3Special Presentation(s) and Recognition(s) - Burn Awareness Week Proclamation in Support of Shriners Hospital presented by Councilman Sapp A.4Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5Removal of Item(s) from Consent Agenda B.0CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1Approval of Minutes of January 12, 2009 City Council Meeting C.0PUBLIC HEARINGS C.1GN 2009-005 Public Hearing on and Enactment of Juvenile Curfew Ordinance - Ordinance No. 3038 D.0PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0PUBLIC WORKS E.1PW 2009-002 Approve a City-Developer Agreement with 6840 Davis, Ltd. for Future Intersection Improvements to Davis Boulevard at Northeast Parkway E.2PW 2009-003 Award a Professional Services Agreement in the amount of $90,735 to Birkhoff, Hendricks & Conway, L.L.P. for the Odell Street Drainage Improvements Project (Davis to Smithfield) E.3PW 2009-004 Award a Professional Services Agreement in the amount of $164,000 to Baird Hampton & Brown, Inc. for the Briarwood Estates Drainage Improvements Project F.0GENERAL ITEMS F.1PU 2009-001 Approve Contract for Emergency Medical Director to Dr. Roy Yamada G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0INFORMATION AND REPORTS H.1Tarrant Regional Transportation Coalition Video H.2Announcements - Councilman Welch H.3Adjournment CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. A.0 Subject: Call to Order - Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Councilman David Whitson Agenda No. A.1 Subject: Invocation - Councilman Whitson CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Councilman David Whitson Agenda No. A.2 Subject: Pledge - Councilman Whitson CITY OF NORTH RICHLAND HILLS Department: Fire Council Meeting Date: 1-26-2009 Presented by: Councilman Ken Sapp Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - Burn Awareness Week Proclamation in Support of Shriners Hospital presented by Councilman Sapp P R O C L A M A T I O N severe burn injuries are a leading cause of deaths and injuries in WHEREAS, North America, especially among young children; and , every year more than two million people sustain burn injuries, and WHEREAS more than one of every three individuals with burn injuries are children; and more than 75 percent of all burn injuries and deaths are WHEREAS, preventable; and Shriners International operates four Shriners Hospitals for Children WHEREAS, that specialize in providing expert, innovative pediatric care at no charge to children with burn injuries of all degrees; and Shriners International and Shriners Hospitals for Children join with WHEREAS, other burn-care facilities across the nation in recognizing the urgent need to educate the public about burn prevention and fire safety; and it is fitting and appropriate to acknowledge and commend the WHEREAS, Shriners for their continued support of young people with burn injuries; and that I Oscar Trevino, Mayor of the City NOW, THEREFORE, BE IT RESOLVED, of North Richland Hills do hereby proclaim the week of February 1-7, 2009, as “BURN AWARENESS WEEK” in the City of North Richland Hills, and do encourage all of our citizens to support Shriners International and Shriners Hospitals for Children and take appropriate precautions to protect their families from devastating burn injuries. , I have hereunto set my hand and IN WITNESS WHEREOF caused the seal of the City of North Richland Hills to be affixed this the 26th day of January 2009. _____________________________________ Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-26-2009 Presented by: Agenda No. B.1 Subject: Approval of Minutes of January 12, 2009 City Council Meeting Recommendation: To approve the minutes of the January 12, 2009 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 Î JANUARY 12, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 12th day of January, 2009 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Greg VanNieuwenhuize Assistant Public Works Director Craig Hulse Economic Development Director Andy Kancel Assistant Chief of Police Eric Wilhite Chief Planner Jamie Brockway Purchasing Manager Absent: Tim Barth Council, Place 4 Call to Order Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 IR 2009-001 Update 'Business Improvement & Growth (BIG) Program' - Targeted Economic Development Mr. Craig Hulse, Economic Development Director, presented a PowerPoint presentation updating the Council on the Business Improvement and Growth (Big) Program. The program is designed to encourage private commercial reinvestment through matching grants. The program utilizes existing reserves specifically dedicated to Economic Development activities through the Council Gas Fund Policy. Mr. Hulse discussed the program’s scope. The program focuses on façade improvements, non-conforming sign removal and conforming sign construction for businesses that face Boulevard 26, Davis Boulevard or Rufe Snow, all south of Mid Cities. The grants are broken into three areas – 1) Storefront improvements - 100% match up to $10,000; 2) New conforming signage – 100% match up to $3,000; and 3) Removal of non-conforming signage – city removal at a city cost up to $2,000. The current program is budgeted for $100,000 with a minimum goal of ten program participants. Mr. Hulse explained staff’s approach for the implementation of the program and the requirements that the grantee must meet to be eligible for the program. Mr. Hulse advised of the businesses the Economic Development Department was currently working with and those that had expressed an interest in the program. Council took formal action on the item during the regular council meeting approving the resolution authorizing the City Manager to execute agreements between the City and qualified applicants. A.3 IR 2009-002 Red Light Enforcement Program Update Andy Kancel, Assistant Police Chief, presented a PowerPoint presentation updating the Council on the Red Light Enforcement program. Mr. Kancel updated Council on the recent opinion of the Dallas County District Court Judge that the red light vendors were violating a section of the Texas Occupations Code because they do not hold a private security license. The Texas Department of Public Safety, who issues the licenses, has opined that there is no requirement for the red light companies to have permits for private security. Assistant Chief Kancel gave a brief overview of the program since its inception and the initial expectations of the program. Assistant Chief Kancel presented statistics for total crashes and injury crashes, percent decrease in crashes and injuries, red light enforcement specific crash data and violation counts. A 50% decrease was anticipated in crashes at monitored intersections. Fiscal year statistics for 2007/2008 showed a 54% decrease in total crashes and a 59% decrease in crashes with injuries at monitored intersections. The program has proven to be self-sustaining with 15,753 violations for the fiscal year and 17,419 total violations through September 30, 2008. The program received $825,191 in gross revenue with $550,522 of the revenue supporting operating expenses, $137,334 delegated to the Texas Trauma Account and $137,334 placed in the North Richland Hills Traffic Safety Fund. The Traffic Safety Fund has funded $53,523 to purchase three Harley Davidson Police motorcycles and $60,000 towards the traffic signalization project at Winter Park and Mid Cities. Council asked that with the start of the new legislation session that Staff share the success of the City’s program with the City’s legislative consultants. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property for municipal use - Central Sector of City B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of Municipal Property South of Loop 820 Mayor Trevino announced at 6:15 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072 to deliberate the purchase, exchange or value of real property for municipal use in the central sector of the City and to deliberate the lease of municipal property south of Loop 820. C.0 Adjournment Mayor Trevino announced at 6:56 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order January 12, 2009 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples Attorney Absent: Tim Barth Council, Place 4 A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION Mr. Dan Roberts, 1605 Creekridge Drive, Keller, spoke on drilling at Little Bear Creek Park by Chesapeake and questioned if the City had notified the Keller residents prior to the Council approving the park as a drill location. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF DECEMBER 22, 2008 CITY COUNCIL MEETING B.2 GN 2009-002 APPROVAL OF AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND TARRANT COUNTY CONCERNING THE 800 MHZ RADIO MAINTENANCE AGREEMENT BY EXTENDING THE AGREEMENT THROUGH SEPTEMBER 30, 2009 - RESOLUTION NO. 2009-002 B.3 PU 2009-001 AWARD BID NO. 08-0138 TRAFFIC SIGNALS / INTERSECTION IMPROVEMENTS TO DURABLE SPECIALTIES INC. IN THE AMOUNT OF $302,700 MPTT.C MPTT.C AYOR RO EM URNAGE MOVED TO APPROVE THE CONSENT AGENDA OUNCILMAN AYOR RO EM URNAGE MOVED TO APPROVE THE CONSENT AGENDA OUNCILMAN W. W. HITSON SECONDED THE MOTION HITSON SECONDED THE MOTION M6-0. M6-0. OTION TO APPROVE CARRIED OTION TO APPROVE CARRIED PUBLIC HEARINGS C.1 RP 2008-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TERRY BROWNING TO APPROVE A REPLAT OF LOT 53, BLOCK 4, FOSSIL CREEK TRAILS ADDITION AND TRACT 2S2A, ABSTRACT 1520 INTO LOT 53R, BLOCK 4, FOSSIL CREEK TRAILS ADDITION (LOCATED IN THE 6000 BLOCK OF RIVIERA DRIVE - 0.535 ACRES) APPROVED Mayor Trevino opened the public hearing. Item is to consider a request to replat property owned by Mr. Browning at 6025 Riviera Drive with 6029 Riviera Drive. Mr. Browning plans to reconfigure his garage entry and extend the current pool and deck area on his property requiring the current lot line to be removed and both properties platted as one lot. The Planning and Zoning Commission recommended approval of the replat request. Mr. Terry Browning, 6029 Riviera Drive, applicant, advised he was requesting approval of the replat to combine the unplatted tract he owns at 6025 Riviera Drive with his platted lot at 6029 Riviera Drive. Mr. Browning advised of improvements that he plans to make that require the two lots to be platted as one lot. Mr. Eric Wilhite, Chief Planner, presented the item, summary of issues and the recommendations of the Planning and Zoning Commission. Mayor Trevino called for comments in favor or in opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. CSARP2008-04.CW CSARP2008-04.CW OUNCILMAN APP MOVED TO PPROVE OUNCILMAN ELCH SECONDED THE OUNCILMAN APP MOVED TO PPROVE OUNCILMAN ELCH SECONDED THE . . MOTION MOTION M6-0. M6-0. OTION TO APPROVE CARRIED OTION TO APPROVE CARRIED C.2 RP 2008-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THOMAS SMITH TO APPROVE A REPLAT OF LOT 24, BLOCK 6, GLENANN ADDITION INTO LOTS 24R1 AND 24R2, BLOCK 6, GLENANN ADDITION (LOCATED AT 6825 SIMMONS ROAD - 0.967 ACRES) APPROVED Mayor Trevino opened the public hearing. Item is to consider a request to replat a 0.967 acre lot with an existing single-family residence into two lots. Proposed Lot 24R1, with the existing residence, will remain the applicant’s lot and the proposed Lot 24R2 will be sold and developed as new single family-residence. The Planning and Zoning Commission recommended approval of the request. Mr. Mark Long, Engineer, Owen D. Long and Associates, representing the applicant, requested approval of the request and was available to answer questions from the Council. Mr. Eric Wilhite, Chief Planner, presented the item and the recommendations of the Planning and Zoning Commission. Mayor Trevino called for comments in favor or in opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. CLARP2008-08.CW CLARP2008-08.CW OUNCILMAN EWIS MOVED TO PPROVE OUNCILMAN HITSON SECONDED OUNCILMAN EWIS MOVED TO PPROVE OUNCILMAN HITSON SECONDED . . THE MOTION THE MOTION M6-0. M6-0. OTION TO APPROVE CARRIED OTION TO APPROVE CARRIED C.3 SUP 2008-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JERRY CONGER TO APPROVE A SPECIAL USE PERMIT FOR PET LODGING AT JERRY CONGER'S PAW SPA (LOCATED AT 7800 DAVIS BOULEVARD) - ORDINANCE NO. 3037 APPROVED Mayor Trevino opened the public hearing. Item is to consider a Special Use permit at 7800 Davis Boulevard for pet lodging which will also include other household pet services. Applicant plans to operate a multi- faceted pet care services business. The business will provide services that include a pet daycare and a pet spa for grooming. The operation will also include an indoor self- service bathing area. These uses are permitted by right within the CS zoning district. The applicant will also be offering overnight boarding of pets, requiring the Special Use permit. The existing structure on site will be renovated and adapted for use as a commercial business. Other site improvements will include new drive and parking areas, sidewalks along street frontages and a landscape buffer. The Planning and Zoning Commission recommended approval of the SUP with an added condition that no animals to be outside after 9:00 p.m. Mr. Jerry Conger, applicant, 7465 Timberhills Drive, North Richland Hills, presented his request for a Special Use permit to allow the overnight boarding of pets. In response to questions from the Council, Mr. Conger advised the existing residential structure would be adapted and remodeled to commercial codes. He advised that overnight boarding was seasonal and he hoped to average 20 dogs and anticipated maxing out at around 40 dogs. Mr. Conger advised Council that his business hours would fluctuate with daylight savings time and the hours of the dog park located behind his establishment, which closes at dark. Mr. Conger advised he did not anticipate dogs being outside after 6:00 p.m., but that no dogs would be outside after 9:00 p.m. and none will be kenneled outside. Mr. Eric Wilhite, Chief Planner, presented item, summary of issues and the recommendations of the Planning and Zoning Commission. Mr. Wilhite advised of the Planning and Zoning Commission’s concern that the business has its own outdoor exercise area. Mr. Wilhite advised there would be an enclosed fence area that will be used for the day care animals and the animals boarded overnight. The Planning and Zoning Commission requested a condition that no animals be outside after 9:00 p.m. Council was advised that if Mr. Conger should decide to expand the footprint of the existing structure, approval would be required by the Planning and Zoning Commission and City Council. Mayor Trevino called for any one wishing to speak in favor or in opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. CWAON.3037, CWAON.3037, OUNCILMAN ELCH MOVED TO PPROVE RDINANCE O TO INCLUDE THE CONDITION OUNCILMAN ELCH MOVED TO PPROVE RDINANCE O TO INCLUDE THE CONDITION PZC PZC FROM THE LANNING AND ONING OMMISSION THAT NO ANIMALS ARE TO BE OUTSIDE AFTER FROM THE LANNING AND ONING OMMISSION THAT NO ANIMALS ARE TO BE OUTSIDE AFTER 9:00...MPTT. 9:00...MPTT. PM AYOR RO EM URNAGE SECONDED THE MOTION PM AYOR RO EM URNAGE SECONDED THE MOTION M6-0. M6-0. OTION TO APPROVE CARRIED OTION TO APPROVE CARRIED D.0 PLANNING & DEVELOPMENT No items for this category. E.0 PUBLIC WORKS No items for this category. GENERAL ITEMS F.1 GN 2009-001 APPROVAL OF A RESOLUTION AUTHORIZING THE 'BUSINESS IMPROVEMENT AND GROWTH PROGRAM' PROMOTING TARGETED ECONOMIC DEVELOPMENT TO LOCAL BUSINESSES - RESOLUTION NO. 2009-001 APPROVED Mr. Craig Hulse, Economic Development Director, presented the item. The Business Improvement and Growth (BIG) program is designed to enhance mature commercial corridors by encouraging private commercial reinvestment through matching grants. The matching grant program’s focus is non-conforming sign removal, conforming sign construction and façade improvements for businesses located south of Mid Cities with storefronts facing Rufe Snow Drive, Davis Boulevard or SH 26. The proposed Resolution will authorize the City Manager to execute agreements between the City and targeted small businesses along SH 26, Rufe Snow and Davis Boulevard south of Mid Cities. In response to questions from Council, Mr. Hulse advised how the City is seeking out and identifying businesses in need of improvement. Mr. Hulse advised one of the requirements of the program is that the grantee maintains ownership of the property for a minimum of twelve months upon date of the signed agreement. The grantee is required to complete improvements within 30 days and must establish the required three contractor bids within 30 days. CWARN.2009-001.C CWARN.2009-001.C OUNCILMAN HITSON MOVED TO PPROVE ESOLUTION O OUNCILWOMAN OUNCILMAN HITSON MOVED TO PPROVE ESOLUTION O OUNCILWOMAN C. C. OMPTON SECONDED THE MOTION OMPTON SECONDED THE MOTION M6-0. M6-0. OTION TO APPROVE CARRIED OTION TO APPROVE CARRIED F.2 GN 2009-003 APPROVAL OF A RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION COUNCILÓS LEGISLATIVE PROGRAM FOR THE 81ST TEXAS LEGISLATURE - RESOLUTION NO. 2009-003 APPROVED Mr. Mike Curtis, Managing Director, presented the item. Item is to consider approval of a resolution supporting the Regional Transportation Council’s (RTC) legislative program. The RTC approved a resolution identifying their legislative program. Their resolution supports legislation that will pursue support of the Rail North Texas initiative, expedite backlogged roadway projects including the protection of existing roadway maintenance and capacity improvements, and capitalize the Rail Relocation Improvement Fund, which could also help support the relocation of Tower 55. The Regional Transportation is requesting the metropolitan cities to support their resolution. CWARN.2009-003.C CWARN.2009-003.C OUNCILMAN ELCH MOVED TO PPROVE ESOLUTION O OUNCILMAN OUNCILMAN ELCH MOVED TO PPROVE ESOLUTION O OUNCILMAN W. W. HITSON SECONDED THE MOTION HITSON SECONDED THE MOTION Mayor Trevino asked Staff to include on the next Council agenda the Tarrant Regional Transportation Coalition video. M6-0. M6-0. OTION TO APPROVE CARRIED OTION TO APPROVE CARRIED F.3 GN 2009-004 APPROVAL OF A RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION COUNCILÓS LEGISLATIVE POSITION FOR THE 81ST TEXAS LEGISLATURE REGARDING THE RAIL NORTH TEXAS INITIATIVE - RESOLUTION NO. 2009-004 APPROVED Mr. Mike Curtis, Managing Director, presented the item. Item is to consider a resolution supporting the Regional Transportation Council’s (RTC) legislative program. The RTC recently approved a resolution supporting legislation regarding the Rail North Texas initiative. The number one objective is the approval of Rail North Texas and to support legislation that will support the region’s ability to create a Transportation Funding Area (TFA) for the purpose of levying taxes or fees in order to generate revenue to fund rail and supplemental roadway improvements. The RTC is requesting metropolitan cities endorse their resolution and support transportation as the region’s highest priority for st the 81 Texas Legislature. MPTTARN.2009-004.C MPTTARN.2009-004.C AYOR RO EM URNAGE MOVED TO PPROVE ESOLUTION O OUNCILMAN AYOR RO EM URNAGE MOVED TO PPROVE ESOLUTION O OUNCILMAN W. W. ELCH SECONDED THE MOTION ELCH SECONDED THE MOTION M6-0. M6-0. OTION TO APPROVE CARRIED OTION TO APPROVE CARRIED EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lewis made the following announcements. The NRH Recreation Center will host a Community Health Fair from 10 a.m. to noon on Saturday, January 17th. This free event will feature a variety of health screenings, chair massage, group exercise classes, a KidZone and more. For more details, please call 817-427-6600. The Parks & Recreation Department and the Birdville Council of PTA's will host a free parenting seminar at the Recreation Center on Saturday, January 24th. Pre-registration is required. For more information, please call the Recreation Center 817-427-6600. Join us at the NRH Public Library each Saturday in January for free family films. Movies will be shown on the big screen in the Community Room starting at 2 p.m. Popcorn will be provided. Families are invited to bring snacks, drinks and floor cushions. For more details, please call 817-427-6814. Iron Horse Golf Course is currently booking its pavilion and clubhouse for 2009 weddings, graduation parties, retirement parties, receptions and more. To make a reservation for your next special event, call 817-485-6666. Kudos Korner - Lieutenant Mark Powers, Firefighter Jack Kessler and Firefighter Randy Faulkner, Fire Department. A note was received from a resident thanking Fire Station #1 for allowing a Cub Scout Tiger Den to tour the station. Lt. Powers and the firefighters were welcoming, informative and patient with the group of 6 and 7 year olds. The boys had a wonderful time and so did the parents. The resident did not expect such hospitality and professionalism. The firefighters at Station #1 represented the city very well, the resident said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:56 p.m. ____________________________ Oscar Trevino – Mayor ATTEST: ____________________________ Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-26-2009 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Police Council Meeting Date: 1-26-2009 Presented by: Andy Kancel Agenda No. C.1 Subject: GN 2009-005 Public Hearing on and Enactment of Juvenile Curfew Ordinance - Ordinance No. 3038 On July 11, 1994 the North Richland Hills City Council unanimously passed Ordinance No. 1994 adopting a curfew for juveniles. On January 9, 2006, Ordinance No. 2683 was approved extending this legislation for three years. th Section 370.002 of the Local Government Code adopted by the 74 Legislature on May 31, 1995 requires that: (a) Before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioner’s court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioner’s court of the county shall: (1) review the ordinance or order’s effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the ordinance or order. (b) Failure to act in accordance with subsections (a) (1) – (3) shall cause the ordinance or order to expire. The North Richland Hills Police Department has found that Ordinance No. 1994 has had a positive effect on the safety of our youth and has reduced the probabilitythat unsupervised juveniles will become involved in crimes during late night and early morning hours. Statistical information maintained by the Police Department has revealed that as a result of the past three-year extension, juvenile victimization during curfew hours has dropped 17.6% compared to the previous time period. Attached is Ordinance No. 3038 defining the curfew hours as 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day and 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Recommendation: That, after the public hearing on Monday, January 26, 2009, the City Council pass Ordinance No. 3038 ORDINANCE NO. 3038 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 50 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; CREATING A MINORS CURFEW; PROVIDING FOR ENFORCEMENT, PENALTIES AND PUBLICATION. a minor’s curfew has been in force within the city since 1994 which has WHEREAS, now expired; and, the city council has now reviewed the effect of the expired ordinance on WHEREAS, the community and on problems the ordinance was intended to remedy and conducted public hearings on the need for such ordinance; and the City Council has found that there is a need for a minor’s curfew and WHEREAS, that it has served well to reduce the danger to minors themselves and to provide a means for making sure minors do not engage in behavior which is a danger to the community as well as to themselves; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Chapter 50 of the North Richland Hills, Texas, Code of Ordinances is hereby amended by adding a new Article II, Taxation, which shall read as follows: ÐARTICLE II. CURFEW FOR MINORS Sec. 50-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Curfew hours means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term "emergency" includes but is not limited to a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. Guardian means: (1) A person who, under court order, is the guardian of the person or minor; or (2) A public or private agency with whom a minor has been placed by the court. Minor means any person under 17 years of age. Officer means a police officer of the city. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term "operator" includes the members or partners of an association or partnership and the officers of a corporation. Parent means a person who is: (1) A natural parent, adoptive parent, or step-parent of another person; or (2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Remain means to: (1) Linger or stay; or (2) Fail to leave the premises when requested to do so by an officer or the owner, operator, or other person in control of the premises. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Sec. 50-32. Offenses. (a)Minor committing an offense. A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours. (b)Parent or guardian of a minor committing an offense. A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (c)Owner, operator, or employee of establishment committing an offense. The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. Sec. 50-33. Defenses to prosecution. (a)Defense for minor. It is a defense to prosecution under section 50-32 that the minor was: (1) Accompanied by the minor's parent or guardian; (2) On an errand at the direction of the minor's parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or returning from home from an employment activity, without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop from an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor; (8) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or (9) Married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code ch. 31. (b)Defense for owner, operator or employee. It is a defense to prosecution under section 50-32(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Sec. 50-34. Enforcement. Before taking any enforcement action under this section, an officer or as otherwise designated by the city manager shall ask the apparent offender's age and reason for being in the public place. The officer or as otherwise designated by the city manager shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 50-33 is present. Sec. 50-35. Penalties. (a)Separate offenses. A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable as provided in section 1-13. (b)Referral of minor to juvenile court. When required by V.T.C.A., Family Code § 51.08, the municipal court shall waive original jurisdiction over a minor who violates subsection 50-32(a) and shall refer the minor to juvenile court. (c)Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1-13. Sec. 50-36. Cumulative provision. This article shall be cumulative of all ordinances of the city except where the provisions of this article are in direct conflict with the provisions of such ordinances in which even the conflicting provisions of such ordinances are hereby repealed.” Section 2: The City Secretary is authorized and directed to cause publication of the descriptive caption and penalty clauses of this ordinance as provided by law. AND IT IS SO ORDAINED. on this the 26th day of January, 2009. PASSED AND APPROVED CITY OF NORTH RICHLAND HILLS By:___________________________ Oscar Trevino, Mayor ATTEST: ______________________________ Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: ______________________________ George A. Staples, City Attorney APPROVED AS TO CONTENT: ______________________________ Jimmy Perdue, Assistant City Manager CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-26-2009 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 1-26-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2009-002 Approve a City-Developer Agreement with 6840 Davis, Ltd. for Future Intersection Improvements to Davis Boulevard at Northeast Parkway The City-Developer Agreement with the developer (6840 Davis, Ltd.) of the Culp Addition (Block 2: Lots 3R2 & 6 - 12) deals with the collection of the developer’s proportionate share of the future construction costs of a traffic signal at the intersection of Davis Boulevard and Northeast Parkway. Typically, these types of City-Developer Agreements are presented to the City Council along with a final plat and not as a stand alone agenda item; however, these lots in Block 2 of the Culp Addition were platted years ago. Lots 6 – 12 of Block 2 were platted into their current configuration in 1999 and Lot 3R2 of Block 2 was platted into its configuration in 2003. Presently, the developer is seeking approval of a Site Plan for only Lot 6 of Block 2. As part of the City’s development process, the Public Works Department conducted a Rough Proportionality Determination (RPD) to determine if additional public infrastructure would be necessary as a consequence of the proposed development. While RPDs are typically conducted at time of final platting, the City Code does require the Public Works Department to conduct an RPD during the Site Plan process when a development was final platted prior to the adoption of the City’s RPD Ordinance (such as the case with these lots: Lots 3R2 & 6 – 12 of Block 2 of the Culp Addition). In order for the Public Works Department to provide the developer with an appropriate RPD, staff requested a Conceptual Site Plan for Lots 3R2 & 6 – 12 and a Traffic Impact Analysis (TIA) of the development so that the traffic impacts on adjacent roadways could be evaluated. The Conceptual Site Plan proposes Lot 6 and the adjacent Lots 7 & 8 with their primary access onto Northeast Parkway. Upon receiving the Conceptual Site Plan and the TIA, the Public Works Department provided the developer with the RPD for the entire eight (8) lot commercial subdivision. For traffic signal installations, the “rough proportionality” calculation is an analysis of the traffic attributable to the new development compared to the build-out traffic volumes expected at the impacted leg of the intersection. The data used to perform the needed calculations was provided by the developer in the submitted TIA and is based on proposed Office / Warehouse use for these lots. The TIA indicates that anticipated build-out traffic volumes will require the construction of a future traffic signal at the intersection of Davis Boulevard and Northeast Parkway. The traffic signal is not needed at this time; however, several signal warrants are anticipated to be met once the entire development is constructed. The developer’s responsibility per the build-out traffic volumes for the costs to design and construct the future traffic signal equates into $52,500.00. Because the developer is requesting Site Plan approval for only one of the three (3) lots with direct access onto Northeast Parkway, staff believes that a reasonable option would be to accept the developer’s share of the traffic signal improvements in two (2) equal installments of $26,250.00. The first payment is proposed to be due at the time the first building permit is sought for one of the three (3) lots with direct access onto Northeast Parkway. The remaining payment would be due when a second lot is proposed for development, or by January 1, 2010 – whichever comes first. The traffic signal will be constructed as a Capital Improvement Project in the future. As such, the developer is requesting, and the City-Developer Agreement provides for allowing the developer, to pay the City $52,500.00 (his share of the traffic signal) in two (2) equal payments and that the City construct this traffic signal in the future. Recommendation: Approve a City-Developer Agreement with 6840 Davis, Ltd. for future intersection improvements to Davis Boulevard at Northeast Parkway and authorize the City Manager to execute such agreement. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 1-26-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. E.2 Subject: PW 2009-003 Award a Professional Services Agreement in the amount of $90,735 to Birkhoff, Hendricks & Conway, L.L.P. for the Odell Street Drainage Improvements Project (Davis to Smithfield) This Capital Improvements Project is identified as the “Odell Street Drainage Improvements Project” (Project No. DR0911) in the Capital Projects Budget. The estimated cost of the entire project is $630,000. This project was one of six drainage projects identified in the 2008-2009 Capital Projects Budget. These six projects were placed in the Capital Projects Budget to address the drainage situations which were exposed by the significant storm events in the Spring and Summer of 2007. Since Odell Street acts as a connector between Davis Boulevard and Smithfield Road, it is one of the City's most travelled residential streets. Although the existing pavement section has curb and gutter, Odell Street performs poorly in heavy storm events. During these heavy storm events, storm water runoff overtops the curb and flows through private property. This project would reconstruct Odell Street from Davis Boulevard to Smithfield Road in accordance with the City’s current standards and provide the necessary capacity to effectively convey runoff to the Davis Boulevard storm drain system. In addition, because of the high traffic volume on Odell Street, staff will take this opportunity to investigate traffic-calming alternatives which could be incorporated into the construction of this project. The project includes approximately 1,450 linear feet of reinforced concrete pavement and approximately 700 linear feet of storm drain pipe with inlets. Staff followed the City’s policy for procuring professional services for the selection of a design consultant for this project. Requests for Statements of Qualifications were initially sent to 39 local engineering firms as well as being advertised on the City’s website; 32 firms responded by submitting their Statements of Qualifications to the City’s Purchasing Manager. The selection committee assembled to choose a design consultant was comprised of five (5) North Richland Hills staff members who represented the Public Works, Planning & Development, Parks & Recreation, Finance and Support Services Departments. The committee evaluated the 32 proposals and selected the top three (3) firms based on each firm’s design experience on similar projects, current work load, proposed project approach and estimated design schedule. The top three firms chosen by the committee were: Birkhoff, Hendricks & Conway, L.L.P., Freese & Nichols, Inc., and Teague, Nall & Perkins, Inc. The designated project manager from each of these three firms was asked to attend an interview with the selection committee. Following these interviews, Birkhoff, Hendricks & Conway, L.L.P. was recommended as the top firm. Birkhoff, Hendricks & Conway, L.L.P. is a small consulting engineering firm founded in 1969. The firm specializes in providing consulting engineering services to municipalities and other governmental agencies throughout the North Texas area. The firm’s mission is to provide quality consulting engineering services, on-time performance, timely responses to the client and designing projects that are constructed within budget. The firm prides itself on its ability to cater to the specific needs of the client. Addressing client needs have included: full engineering services for the design of public infrastructure preparation of studies evaluation and preparation of reports & recommended alternatives participation in the creation of capital improvement programs hydraulic modeling The engineering agreement outlines the scope of work in Exhibits B & C. Listed below are the key items within the scope of work: Preliminary engineering phase includes surveying, developing a project schematic showing proposed drainage improvements, roadway geometrics and proposed sidewalk alignments within the street right-of-way. Geotechnical engineering will be provided to determine the appropriate pavement design. Design of a parallel storm sewer along Davis Boulevard, if required. Final engineering phase to include all necessary design components for the paving and drainage improvements within the right-of-way. Prepare up to five (5) easement documents, if required, for a parallel storm sewer. Attend up to two (2) public meetings if scheduled by the City. Bidding Phase includes assisting the City in advertising the project to bidders, providing bid documents to contractors, tabulating bids and providing the City a summary of the information received from the low bidder for the City’s use in awarding a construction contract. Construction Phase includes assisting the City during the construction phase such as, attending coordination meetings, reviewing shop drawings, preparing monthly pay requests and preparation of record drawings. The engineering agreement indicates a detailed schedule for this work as follows: Activity Due Date Pre-Scope Meeting December 11, 2008 City Council Award Engineering Contract January 2009 City Obtain Permission to Survey February 27, 2009 Field Surveys March 6, 2009 Preliminary Design Phase April 27, 2009 Identify Necessary Easements/ROW May 4, 2009 90% Plans & Specifications July 6, 2009 City Review of Plans Completed August 3, 2009 Complete Final Plans August 17, 2009 Advertise for Construction Bids August - September 2009 Open Construction Bids September 2009 Begin Construction October 2009 The Public Works Department negotiated a design fee of $90,735. This design fee consists of a base design fee and a fee for special services (surveying, geotechnical investigation, sanitary sewer design, parallel storm sewer design, easement documents and public meetings). Shown below is a breakdown of this design fee: Base Design Fee $ 59,400 Special Services $ 31,335 Total Design Fee $ 90,735 The total amount of the professional services agreement for this project is $90,735. There is sufficient funding for these design services in the 2008-2009 Capital Projects Budget. Recommendation: Approve the professional services agreement to Birkhoff, Hendricks & Conway, L.L.P. in the amount of $90,735 for the Odell Street Drainage Improvements Project (Davis to Smithfield) and authorize the City Manager to execute such agreement. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BIRKHOFF, HENDRICKS & CONWAY, LLP I. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Larry J. Cunningham, its duly authorized City Manager (hereinafter called “CITY”), and , a Texas Limited Liability Partnership, acting by Birkhoff, Hendricks & Conway, LLP and through ; its duly authorized Partner (hereinafter called Matthew Hickey, P.E. “ENGINEER”). , that CITY desires professional engineering services in connection WITNESSETH with the . Odell Paving and Drainage Improvements CITY and ENGINEER, in consideration of the mutual NOW, THEREFORE, covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the “PROJECT” means the engineering design of the Odell Paving and Drainage Improvements between Davis Boulevard and Smithfield in accordance with the Public Works Design Manual, applicable CITY codes, Road regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER’s employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: “Compensation” and Exhibit F: “Compensation”. IV. SCOPE OF ENGINEERÓS SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: “Project Schedule” and as detailed in Exhibit B: “Basic Engineering Services”, said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other services and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: “Special Engineering Services”, attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit D: “Additional Engineering Services”, attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: “Services to be provided by the City”, attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: “Compensation”. B. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed Ninety Thousand Seven Hundred Thirty Five ($90,735.00). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties.Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER’s cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER’s costs will in no way alter ENGINEER’s obligations under this Agreement nor excuse performance or delay on ENGINEER’s part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER’s professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY’s approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER’s professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER’s designs, working drawings, specifications or other engineering documents. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker’s Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or reduced by endorsement without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties’ written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER.Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: “Compensation” hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: “Project Schedule” which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER’s control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER’s compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: “Basic Engineering Services”. Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit “A” Project Schedule Exhibit “B” Basic Engineering Services Exhibit “C” Special Engineering Services Exhibit “D” Additional Engineering Services Exhibit “E” Services to be Provided by the City Exhibit “F” Compensation Exhibit “G” Conflict of Interest Questionnaire XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees as provided by Section 271.159, Texas Local Government Code. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Birkhoff, Hendricks & Conway, LLP Attn: Matthew Hickey, P.E. 11910 Greenville Ave. Suite 600 Dallas, Texas 75243 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Director of Public Works 7301 N.E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assignment. CITY and ENGINEER each bind themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of , 20 . CITY OF NORTH RICHLAND HILLSBirkhoff,Hendricks&Conway LLP (CITY) (ENGINEER) By: By: Larry J. Cunningham, City Manager Matthew Hickey, P.E., Partner Date: Date: ATTEST: ATTEST: City Secretary Notary Public in and for the State of Texas Type or Print Notary’s Name My Commission Expires: CITY SEAL CORPORATE SEAL EXHIBIT A PROJECT SCHEDULE FOR ODELL PAVING AND DRAINAGE IMPROVEMENTS (Davis Boulevard to Smithfield Road) PS ROJECT CHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Due Date Pre-Scope Meeting December 11, 2008 City Council Award Engineering Contract February 2008 City Obtain Permission to Survey February 27, 2009 Field Surveys March 6, 2009 Preliminary Design Phase April 27, 2009 Identify Necessary Easements/ROW May 4, 2009 90% Plans & Specifications July 6, 2009 City Review of Plans Completed August 3, 2009 Complete Final Plans August 17, 2009 Advertise for Construction Bids August - September 2009 Open Construction Bids September 2009 Begin Construction October 2009 EXHIBIT B BASIC ENGINEERING SERVICES FOR ODELL PAVING AND DRAINAGE IMPROVEMENTS (Davis Boulevard to Smithfield Road) The scope of work for BASIC Engineering Services involves Preliminary Design, Final Design, Bidding and Construction Administration. Design shall include preparation of plans, specifications and contract documents for construction of the Odell Street Paving and Drainage Improvements (From Davis Boulevard to Smithfield Road). The project parameters generally consist of an un- divided 31-foot back to back reinforced concrete street with integral monolithic concrete curbs and underground storm drainage. This section is consistent with a residential collector and will provide for 15-foot wide lanes and support occasional traffic calming raised medians. This section also allows for construction of 4-foot wide sidewalks within the existing right-of-way (assuming no conflicts with franchise utilities) and 5.5-foot wide grass or landscaped parkways. Water and Wastewater utility improvements will be limited to relocations necessary to avoid conflicts with proposed storm drainage and sidewalk improvements in the base bid. Part I: Design Phase A. Preliminary Design Phase 1. Coordinate and attend a preliminary design conference with the City Staff and other interested parties. The purpose of the preliminary design conference will be to identify special project requirements, including but not limited to: a) Geometrics b) Existing Water and Sewer Relocations c) Typical Pavement Section d) Utility Coordination and/or Relocations e) Discuss Drainage Issues 2. Evaluate capacity of existing Davis Boulevard storm sewer. Determine if the proposed Odell Storm Sewer can be connected to the existing Davis Boulevard Storm Sewer or if a parallel storm sewer will be required from Odell Street to the Davis Boulevard Culvert. 3. Develop a Project Schematic plotted on a scale of 1” = 40’ showing existing topography and property lines and preliminary roadway geometrics, including possible locations for mid-block traffic calming medians, and sidewalk locations based on field survey data and deeds obtained from the Deed Records of Tarrant County, Texas. The Project Schematic will also include a preliminary profile for the roadway with the existing ground line at the location of the proposed right-of-way lines. 4. Submit the Project Schematic to the City Staff for review and comment. 5. Meet with City Staff to discuss Project Schematic review comments and other preliminary design considerations. 6. Make revisions to the Project Schematic as necessary and as directed by City Staff. 7. Submit the revised Project Schematic to City Staff for review and comment. 8. The Final Project Schematic will be used for the Final Design Phase and for preparation of possible right-of-way and/or easement documents. B. Final Design Phase 1. Roadway Construction plan-profile sheets prepared at a scale of not less than 1”= 20’ 2. Storm Sewer Construction plan-profile sheets prepared at a scale of not less than 1”= 20’, including offsite storm sewers 3. Water and Wastewater Utility Relocation plan sheets prepared at a scale of not less than 1”= 20’ for the base bid. 4. If required, Retaining Wall plan-profile sheets prepared at a scale of not less than 1”= 20’ 5. Construction Phasing and Traffic Control plan sheets 6. Standard Details and Design Standards 7. Special Details, as required 8. Cover Sheet, Location Map and Sheet Index 9. Coordinate and Survey Control Sheets for contractor’s construction Surveying 10. Drainage Area Map and Drainage Design Computations 11. Storm Water Pollution Prevention Plan 12. Submittals to State regulatory agencies, as required 13. Preparation of required highway and utility permits, as required 14. Coordination with utility companies 15. Attend design review meetings as project requirements dictate 16. Preparation of specifications and contract documents 17. Develop 90% and 100% complete opinions of probable construction cost 18. Submit two sets of 90% plans and specifications to City for Review 19. Incorporate City review comments and directives from the 90% design plans and specifications, in the preparation of final construction plans and specifications. 20. Printing of a maximum of eight sets final construction plans and specifications for use by the city and utility companies. Part II: Bidding Phase 1. Assist the City staff in advertising for bids. This will include e-mailing “Notice to Contractors” to contractors experienced in this type of construction. City will have Notice published in local newspaper. 2. Sell bidding documents to potential bidders and their suppliers and other parties. 3. Provide bidding documents to City of North Richland Hills, Dodge Reports and two other parties requested by the City. 4. Assist during opening of bids and provide bidding tally sheets. 5. Provide bid tabulation to City and contractors who submitted bids. 6. Obtain the following information from the lowest bidder: a. Past work history, b. Physical resources to produce the project. 7. Formulate opinion from information received and provide the City a summary of the opinion for their use in selection and award of the construction contract. 8. After award of contract, furnish ten sets of prints of the final plans, specifications and contract documents to the City for construction use by the City and Contractor. Part III: Construction Phase 1. Conduct pre-construction conference, including preparing an agenda. 2. Attend up to eight coordination meetings with contractor, quality control personnel, and City representatives to discuss strategy, problem areas, progress, and any required coordination. 3. Review shop drawings and other submittal information that the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. 4. Provide written responses to requests for information or clarification to City or Contractor. 5. Prepare and process routine change orders for this project as they pertain to the original scope of work. 6. Prepare monthly pay request from information obtained in the field. 7. Accompany the City during their final inspection of the project. 8. Recommend final acceptance of work based on information from the on-site representative. 9. Revise contract drawings, with the assistance of the City's Resident Project Representative to reflect available information as to how the work was constructed. The City’s Resident Project Representative will provide the Engineer a red-lined set of drawings depicting changes during construction. The Engineer shall revise original design drawings, noting changes during construction, and submit three (3) sets 22”x34” black line prints of Record Drawings and one CD-ROM (pdf and dwg format) to the City. Part IV: Exclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: 1. Environmental impact statements and assessments. 2. Fees for permits or advertising. 3. Certification that work is in accordance with plans and specifications. 4. Flood plain reclamation plans or applications for Conditional Letters of Map Revision or Letter of Map Revision to the Federal Emergency Management Agency. 5. Trench safety designs. 6. Services in connection with condemnation hearings. 7. Phasing of Contractor’s work. 8. On-site safety precautions, programs and responsibility. 9. Consulting services by others not included in proposal. 10. Title searches for preparation of right-of-way or easement documents. 11. Property appraisals and negotiation with property owners for acquisition of easements or right-of-way. 12. Provision of an On-site Representative to monitor construction. 13. Street light design EXHIBIT C SPECIAL ENGINEERING SERVICES FOR ODELL PAVING AND DRAINAGE IMPROVEMENTS (Davis Boulevard to Smithfield Road) The scope of work for SPECIAL Engineering Services includes field surveys, preparation of easements and/or right-of-way plat and filed note descriptions if required, geotechnical investigation and pavement design, design of sanitary sewer and parallel storm sewer at the request of the City and reproduction of plans and specifications. The scope of work for the Special Engineering Services is more generally described as follows: 1. Design, property and construction surveys shall be based on State Plane Coordinates. Survey to include providing City survey flags to distribute to residents for marking sprinkler heads and valves prior to field surveys. Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC 230, Austin, TX 78753, Phone:(512)239-5263, Fax:(512)239-5253 2. Geotechnical Engineering Investigation and Pavement Design Report completed by Kleinfelder, Inc. The Geotechnical Investigation to include four sample borings to a depth of 10 feet. The Report to include logs of the samples, results of sample testing and engineering analysis and recommendations for pavement and subgrade. 3. At the request of the City, design plans for an additive alternate bid item for the reconstruction of the existing 6 and 8-inch VCP sanitary sewer on Odell Street. Sanitary Sewer Construction plan-profile sheets will be prepared at a scale of not less than 1”= 20’. 4. At the request of the City, design parallel storm sewer from Odell Street to the Davis Boulevard culvert outfall located north of Odell Street. Storm Sewer Construction plan-profile sheets will be prepared at a scale of not less than 1”= 20’. 5. If required, preparation of field note descriptions and exhibits necessary for the acquisition of additional street right-of-way and off-site drainage easements. A total of five (5) right-of-way or easement descriptions are included. 6. Preparing for and attending a public and/or neighborhood meeting to discuss the project parameters and project schematic. Two such meetings are included. 7. Printing of eight sets of preliminary plans for review and distribution to utility companies and of exhibits for public meetings, ten sets of final plans and specifications for distribution to City and the successful contractor and three sets of full size (22”X34”) Black Line Record Drawings. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR ODELL PAVING AND DRAINAGE IMPROVEMENTS (Davis Boulevard to Smithfield Road) ADDITIONAL Engineering Services, not included in the scope of work, include those I. services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. ADDITIONAL Engineering Services not included in the scope of work, also include II. assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. ADDITIONAL Engineering services in connection with the PROJECT, including III. services which are to be furnished by the CITY and services not otherwise provided for in this Agreement will be at the following rates: Staff Member and Resident Project Representative - Salary Cost Times Multiplier of 2.35. Salary Cost is defined as the direct cost of payroll of ENGINEER’s, draftsmen, stenographers, survey men, clerks, laborers, etc., for the time directly chargeable to the PROJECT, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR ODELL PAVING AND DRAINAGE IMPROVEMENTS (Davis Boulevard to Smithfield Road) The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: Provide any existing data the CITY has on file concerning the PROJECT, if I. available. Provide any available As-Built plans for existing streets and drainage facilities, if II. available. Provide any available As-Built plans for existing water and sanitary sewer mains, if III. available. Assist the ENGINEER, as necessary, in obtaining any required data and information IV. from TxDOT and/or other local utility companies. Provide standard details and specifications in digital format. V. Assist the ENGINEER by requiring appropriate utility companies to expose VI. underground utilities within the Right-Of-Way, when required. Give prompt written notice to ENGINEER whenever CITY observes or otherwise VII. becomes aware of any development that affects the scope or timing of the ENGINEER's services. Provide engineer permission to survey on private property VII. EXHIBIT F COMPENSATION FOR ODELL PAVING AND DRAINAGE IMPROVEMENTS (Davis Boulevard to Smithfield Road) I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design, Bidding and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER’s home office as identified in the work authorization. Staff Member and Resident Project Representative - Salary Cost Times Multiplier of 2.35. A list of the range of current salary costs, which can periodically change, for applicable classification of employees is as follows: Employee Classification Rate/Hour Senior Engineer $ 70.26 to $95.68 Senior Design Tech. $ 47.30 to $52.56 Engineer (EIT) $ 35.92 to $42.25 CADD Tech. $ 23.10 to $38.60 Clerical $ 14.65 to $19.78 "Salary Cost" used herein is defined as the direct cost of salaries of ENGINEER, ENGINEER’s technicians, draftsmen, word processors, clerks, laborers, etc. for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. A. Compensation for the Basic Engineering Services (Design, Bidding and Construction phases) shall be a lump sum fee of $59,400.00. The Design phase portion of the Basic Engineering Services shall be computed at 80% of the total Basic Services Charge; the Bidding Phase portion of the Basic Engineering Services shall be computed at 5% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 15% of the total Basic Engineering Services Charge. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for the Bidding phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Bidding phase which have been accomplished. Final payment for services authorized in the Bidding phase shall be due once a construction contract has been awarded for the project by the City. Payment for the Construction phase of the Basic Engineering Services shall be due in monthly installments in proportion to the construction work completed on the basis of the Contractor's monthly payment estimates. Upon completion of all work authorized in the Construction phase, the ENGINEER will be paid the remainder of the charge for this phase. B. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be budgeted as follows: Field Surveys: Crew Rate of $150.00/Hour = $9,500.00 Odell Sanitary Sewer Replacement = $2,000.00 Davis Parallel Storm Sewer Replacement = $1,100.00 Geotechnical Soil Borings, Pavement Design and Report = $5,060.00 Attend up to Two Public Meetings = $1,675.00 Up to Five Easement / Right-of-Way Documents =$10,000.00 Direct Costs (Printing, Reproduction, etc.): Total = $2,000.00 Paper Copies: $0.25/Page Blackline Prints: $5.00/Sheet Plots (Bond or Velum): $5.00/Sheet Other Direct Costs Costs time a multiplier of 1.10 C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be as follows: For all of ENGINEER's personnel time applied to the Additional Engineering Services, Salary Cost times a multiplier of 2.35. For all direct non-labor and/or subcontract expense, including mileage, travel and living expenses at invoice or internal office cost times a multiplier of 1.10. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: “Right to Audit”. It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). Ill.PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: “Basic Engineering Services”, Exhibit C: “Special Engineering Services” and Exhibit D: “Additional Engineering Services”). B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR ODELL PAVING AND DRAINAGE IMPROVEMENTS (Davis Boulevard to Smithfield Road) \[Conflict of Interest Questionnaire is on the following 2 pages.\] CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM F or vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter OFFICE USE ONLY 176 of the Local Government Code by a person doing Date Received business with the governmental entity. By law this questionnaire must be filed with the records th administrator of the local government not later than the 7 business day after the date the person becomes aware of facts that require the statement to be filed. Section See 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. Matthew Hickey, P.E. 2 Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section th business day after the 176.006(a), Local Government Code, is pending and not later than the 7 date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. None 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. None CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM F or vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? YES NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? YES NO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? YES NO D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the governmental entity Date Adopted 01/13/2006 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 1-26-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. E.3 Subject: PW 2009-004 Award a Professional Services Agreement in the amount of $164,000 to Baird Hampton & Brown, Inc. for the Briarwood Estates Drainage Improvements Project This Capital Improvements Project is identified as the “Briarwood Estates Drainage Improvements Project” (Project No. DR0901) in the Capital Projects Budget. This project was identified by Public Works staff and approved by the City Council following the multiple storm events that occurred during the Spring and Summer of 2007. The subdivision was originally designed in 1972 in accordance with the drainage criteria in place at that time; however, over the past 37 years the drainage design criteria for North Richland Hills has changed. These design changes have resulted in more conservative calculations, and in turn, higher capacities required within the street right-of-way and storm drain systems. The storm sewer system for this project will be designed to accommodate the difference in storm water runoff between the original design criteria and the current design criteria identified in the Public Works Design Manual. This project will consist of storm sewer improvements within the Briarwood Estates subdivision generally along Briardale Drive and Hewitt Street from Noneman Drive south to the existing concrete lined channel. The storm sewer improvements are anticipated to be designed and constructed wholly within the existing street right-of-way. Staff followed the City’s policy for procuring professional services for the selection of a design consultant for this project. Requests for Statements of Qualifications were initially sent to 39 local engineering firms; 25 firms responded by submitting their Statements of Qualifications to the City’s Purchasing Manager. Five North Richland Hills’ staff members (Public Works Engineer Associate, Parks & Recreation Senior Park Planner, Fire Department Assistant Chief of Operations, Assistant Building Official, and Police Department Patrol Captain) comprised the selection committee. The committee evaluated the 25 proposals and selected the top five firms based on each firm’s design experience on similar projects, current work load, proposed project approach and estimated design schedule. The top five firms chosen by the committee were: Baird Hampton & Brown, Inc, Birkhoff, Hendricks & Conway, Inc, Freese & Nichols, Inc., Lopez Garcia Group, Inc, and Teague, Nall & Perkins, Inc. After each of these firms provided presentations to the committee, Baird Hampton & Brown, Inc was unanimously chosen as the top firm. Baird Hampton & Brown has been in business since 1992 and has extensive experience in the design of urban drainage systems. Baird Hampton & Brown has put together an excellent design team for this project, with a project manager that has over 25 years of municipal engineering design experience. The design team is committed to delivering a design that meets the needs and expectations of North Richland Hills. The engineering agreement outlines the scope of work in Exhibits B & C. Listed below are the key items within the scope of work: Preliminary engineering study to analyze the watershed to identify critical deficiencies within the storm sewer system and prepare design alternatives. Scope includes all necessary design components for drainage improvements within the street right-of-way. Surveying provided throughout project limits including five subsurface utility engineering excavation holes to locate the depth of major utilities as authorized by the City. One public meeting to be held with the impacted residents. Conditional Letter of Map Revision to be authorized by City if necessary to meet the floodplain requirements identified in the City’s Public Works Design Manual. Letter of Map Revision (LOMR) will be submitted to the Federal Emergency Management Agency (FEMA) after construction of this project is completed. The LOMR will revise the FEMA hydraulic model and redelineate the floodplain boundaries as necessary. The engineering agreement indicates a detailed schedule for this work as follows: Activity Due Date Council Approve Contract January 26, 2009 Submit Preliminary Drainage Study March 9, 2009 Submit Concept Alternates April 27, 2009 Complete Survey June 15, 2009 Submit 60% Plans and Identify Easements August 3, 2009 Submit CLOMR if Necessary August 31, 2009 Submit 95% Plans October 5, 2009 Public Meeting October 22, 2009 Submit Final Bid Documents November 9, 2009 Advertise for Construction Bids November 2009 Open Construction Bids November 20, 2009 Begin Construction December 15, 2009 Submit LOMR after Construction Summer 2010 The Public Works Department negotiated a design fee of $164,000. This design fee consists of a base design fee and a fee for special services (preliminary drainage study, surveying, Conditional Letter of Map Revision, and Letter of Map Revision). Shown below is a breakdown of this design fee: Base Design Fee $ 90,000 Special Services $ 74,000 Total Design Fee $ 164,000 The total amount of the professional services agreement for this project is $164,000. There is sufficient funding for design services in the 2008-2009 Capital Projects Budget. Recommendation: Approve the Professional Services Agreement in the amount of $164,000 to Baird Hampton & Brown, Inc. for the Briarwood Estates Drainage Improvements Project and authorize the City Manager to execute such agreement. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BAIRD, HAMPTON & BROWN, INC. I. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Larry Cunningham, its duly authorized City Manager (hereinafter called “CITY”), and Baird, , a Texas corporation, acting by and through Hampton & Brown, Inc.John W. Baird, ; its duly authorized Principal (hereinafter called “ENGINEER”). Jr. , that CITY desires professional engineering services in connection WITNESSETH with the . Briarwood Addition Drainage Improvements CITY and ENGINEER, in consideration of the mutual NOW, THEREFORE, covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the “PROJECT” means the engineering design of the Briarwood Addition Drainage Improvements generally located along Briardale and Hewitt in Streets from Noneman Street to the concrete channel known as CB-1 accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER’s employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: “Compensation” and Exhibit F: “Compensation”. IV. SCOPE OF ENGINEERÓS SERVICES ENGINEER shall render the professional services necessary for design of the PROJECT, in accordance with the schedule in Exhibit A: “Project Schedule” and as detailed in Exhibit B: “Basic Engineering Services”, said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: “Special Engineering Services”, attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit D: “Additional Engineering Services”, attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: “Services to be provided by the City”, attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: “Compensation”. B. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed . One Hundred Sixty-four Thousand Dollars ($164,000) C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties.Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER’s cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER’s costs will in no way alter ENGINEER’s obligations under this Agreement nor excuse performance or delay on ENGINEER’s part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER’s professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY’s approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER’s professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER’s designs, working drawings, specifications or other engineering documents. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker’s Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties’ written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER.Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: “Compensation” hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: “Project Schedule” which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER’s control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER’s compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: “Basic Engineering Services”. Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit “A” Project Schedule Exhibit “B” Basic Engineering Services Exhibit “C” Special Engineering Services Exhibit “D” Additional Engineering Services Exhibit “E” Services to be Provided by the City Exhibit “F” Compensation Exhibit “G” Conflict of Interest Questionnaire XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: . Baird, Hampton & Brown, Inc Attn: John W. Baird, Jr., P.E. 6300 Ridglea Place; Suite 700 Fort Worth, Texas 76116 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Director of Public Works 7301 N.E. Loop 820 North Richland Hills, Texas 76180 ENGINEER shall perform services hereunder as an D. Independent Contractor. independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assignment. CITY and ENGINEER each bind themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of , 20 . CITY OF NORTH RICHLAND HILLS . Baird, Hampton & Brown, Inc (CITY) (ENGINEER) By: By: Larry Cunningham, City Manager , Principal John W. Baird, Jr. Date: Date: ATTEST: ATTEST: City Secretary Notary Public in and for the State of Texas Type or Print Notary’s Name My Commission Expires: CITY SEAL CORPORATE SEAL EXHIBIT A PROJECT SCHEDULE FOR BRIARWOOD ADDITION DRAINAGE IMPROVEMENTS (Noneman St. to CB-1) PS ROJECT CHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Due Date Council Approve Contract January 26, 2009 Pre-Scope Meeting February 2, 2009 Submit Preliminary Drainage Study March 9, 2009 Submit Concept Alternates April 27, 2009 Complete Survey June 15, 2009 Submit 60% Plans and Identify Easements August 3, 2009 Submit CLOMR if Necessary August 31, 2009 Submit 95% Plans October 5, 2009 Public Meeting October 22, 2009 Final Bid Documents November 9, 2009 Advertise for Construction Bids November 2009 Open Construction Bids November 20, 2009 Begin Construction December 15, 2009 Submit LOMR after Construction SUMMER 2010 EXHIBIT B BASIC ENGINEERING SERVICES FOR BRIARWOOD ADDITION DRAINAGE IMPROVEMENTS (Noneman to CB-1) The scope of work for BASIC Engineering Services involves Concept Plan Alternatives, Project Plans, Specifications and Opinions of Cost for Storm Drainage improvements and utility relocations. I. GENERAL A. Design Meetings 1. The ENGINEER will meet with the CITY’s staff during the development of the concept, preliminary, and final plan phases of the PROJECT. B. Project Management, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the PROJECT’s design. 2. Supervision of Subconsultants The ENGINEER will establish a work program and schedule for each subconsultant at the beginning of each phase/section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. Utility companies will be contacted prior to surveying and asked to pin existing facilities. The locations of their facilities which may affect the PROJECT will be recorded by the survey team. The survey data will be sent back to the utility companies for confirmation. 3. The ENGINEER will make every effort to obtain As-Built Drawings, Record Drawings and/or future plans for the following facilities in the PROJECT area including: - Roadway - Water Lines - Sanitary Sewer Lines - Storm Drain Lines - Southwestern Bell Underground and/or Overhead Lines - Electric Underground and/or Overhead Lines - Gas Lines - Other Utilities Known to Serve the PROJECT Area Plot the preliminary information obtained above for later use in the field to help surveyors tie existing utility locations. The locations of utilities tied from field surveys will be shown on the construction drawings. II.CONCEPT AND 60% DESIGN PHASE A. Drainage Design 1. Based on the Preliminary Drainage Analysis, the ENGINEER will develop up to 3 schematic design alternatives based on aerial photos and City GIS data. The drawings will include sufficient dimensions to identify significant costs and locations of significant deficiencies to the existing system. The drawings will include concept sizes based on preliminary drainage calculations. 2. An Opinion of Cost will be developed for each of the concepts submitted along with potential utility conflicts and possible easement requirements. 3. Upon completion of the concepts, a meeting will be held with City Staff to discuss the alternatives. Once the City has reviewed the alternatives and selected a preferred solution, the ENGINEER will begin the Design Phase. 4. The ENGINEER will prepare plan and profile sheets at a scale of 1”=40’. The sheets will include existing surface features and known utilities, both above and below ground. 5. A Drainage Area Map will be prepared at a minimum scale of 1" = 400', using available contour maps. Existing and proposed inlets will be located and sub-drainage areas determined. The runoff to each inlet will be calculated in accordance with City drainage criteria. 6. Existing and proposed pipe capacities will be calculated based on City drainage criteria. 7. Surface capacities will be estimated at key locations based on survey data, field inspection and City drainage criteria. B. Other Design Elements 1. A Project Title Sheet will be prepared as required and included in the Plans. 2. A property owner map along the preferred route will be included with found iron rods and parcel identification based on Tarrant County Appraisal District records. 3. Additional design sheets as necessary to identify utility conflicts and coordinate with the affected utility owner for adjustment or relocation. 4. CITY standard details will be utilized for construction details for the PROJECT. Miscellaneous drainage details will be developed as necessary when no such CITY standard details are available. D. Quantities and Opinion of Cost 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal. 2. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. E. Submit 60% Plans for Review 1. Submit two (2) sets of 60% plans for CITY review. 2. Submit plans to utility companies for review. III. FINAL DESIGN PHASE A. Prepare Final Design Plans 1. Incorporate CITY review comments and directives from the 60% design plans, in the preparation of final construction plans. B. Calculate Final Quantities and Opinion of Cost 1. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. C. Prepare Contract Documents and Specifications 1. Compile special provisions necessary for the PROJECT. 2. Compile specifications necessary for the PROJECT. Any special specifications will also be prepared. The CITY will provide a copy of their contract documents in digital format. 3. Compile and develop a list of general notes necessary for the PROJECT. 4. Prepare complete contract documents and specifications for bidding purposes. D. Submit final plans, specifications, and cost estimates for CITY review 1. Submit two (2) sets of 95% complete design drawings for CITY review. 2. Incorporate final review comments and submit two (2) sets of final construction documents for CITY approval. 3. Submit detailed drawings and plans/specifications to appropriate regulatory agencies and utility companies. 4. Prepare and submit exhibits for discussion with the property owners affected by the PROJECT. 5. Attend a Public Meeting with City Staff to inform the affected property owners of the PROJECT. IV. CONSTRUCTION PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide necessary printing of construction plans, specifications and contract documents up to 30 sets for use in obtaining bids, awarding contracts, and constructing the PROJECT. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. B. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY as to the proper action on all proposals received. C. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. D. Represent the CITY in the non-resident administration of the PROJECT up to three construction meetings including a preconstruction conference. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on-site activities other than occasional site visits to observe overall PROJECT conditions. It particularly does not involve exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) E. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. F. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. G. Prepare or review monthly and final estimates for payments to Contractor, as to payments to subcontractors and suppliers. The CITY's Resident PROJECT Representative will provide the ENGINEER a detailed report depicting the work performed during the pay period and include any and all approved changes during construction. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on-site activities other than occasional site visits to observe overall PROJECT conditions. Site visits are limited to a maximum of 10. It particularly does not involve exhaustive or continuous on-site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) H. Attend, in company with the Contractor and CITY’S Resident Project Representative, a final inspection of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractors. I. Revise contract drawings, with the assistance of the CITY's Resident PROJECT Representative to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER a red-lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit three (3) sets of Record Drawings and one CD-ROM (pdf format of sheets and dwg of base files) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR BRIARWOOD ADDITION DRAINAGE IMPROVEMENTS (Noneman to CB-1) The scope of work for SPECIAL Engineering Services involves Preliminary Drainage Study, Surveys (Easements/Right-of-Way and Design), Conditional Letter of Map Revision and Letter of Map Revision. The scope of work for the Special Engineering Services is more generally described as follows: I. PRELIMINARY DRAINAGE STUDY A. Drainage Area Map Create a drainage area map of the existing watershed based on data available from the City and NCTCOG. The drawing will consist of a schematic of the existing storm drain system, inlet types and sizes, sub-areas, runoff coefficients and key design points. B. Drainage Calculations Calculations will be made and added in tabular form that will include land use, time of concentration, intensity, runoff rate, estimated depth of flow, inlet capacity and hydraulic grade line calculations for the existing pipes. Estimate of cross section, slope and depth of surface flow will also be made at key locations. C. Evaluation The results will be compared to known flooding reports and the model will be calibrated based on available information and engineering judgment. The results will then be evaluated for areas of insufficient capacity. D. Report The deliverables will include a short narrative and the drawings noted above. II. SURVEYING A. Establish Survey Control Establish survey control along the selected concept route as necessary. These control points will be established based on and tied to established CITY horizontal and vertical control points. The horizontal control for the PROJECT will be established on the State Plane Coordinate System (NAD'83 Surface Coordinates) from CITY monumentation. Control points will be established using GPS and/or conventional surveying methods. B. Surveying for Engineering Design Perform necessary surveying operations for the complete design of the project as outlined in this Scope of Services.Surveying shall include the following: a. Locate ROW, buildings or fences adjacent to proposed storm drain and property corners sufficient to determine location of ROW and any existing easements. b. Topographically survey visible surface features within 30-feet either side of the Briardale and Hewitt Streets ROW (Noneman to channel); and within 25-feet either side of the existing storm drain located between Briarwood Dr. and Hewitt St. and approximately 150-feet west of Briardale. INCLUDING BUT NOT LIMITED TO – 1. FINISHED FLOOR ELEVATIONS OF ADJACENT BUILDINGS 2. CONCRETE FLAT WORK 3. CONCRETE CURB 4. PAVEMENT (STREET OR DRIVEWAY) 5. UTILITY POLES 6. SIGN POSTS 7. WATER VALVE BOX LIDS 8. MANHOLE LIDS 9. MANHOLE INVERTS 10. CURB INLET CORNERS 11. CURB INLET INVERTS 12. TREES (6” and larger) 13. MAILBOXES 14. FENCES / WALLS 15. NON-DESTRUCTIVE EXPLORATION LOCATIONS c. Record elevation data at visible break lines and at a minimum of every 100 feet. d. Create ROW map for the proposed route, with found corners and ROW / easement / lot definitions based on existing plats / deeds. Property research does not include detailed abstracting for each individual property or subdivision. e. Survey cross sections of the concrete channel between the discharge point and the north side of Chapman Road at approximately every 200-ft. This will only include top-of-bank to top-of-bank. C. Existing Underground and/or Overhead Utilities Utility owner's will be contacted, on an as needed basis, and requested to assist in locating existing utilities identified for the PROJECT. Above ground features of existing utilities within the proposed Right-Of-Way for the limits of the PROJECT will be surveyed as noted above. The location of utilities between above ground features will be determined from visual inspection, utility records, and/or from locations determined by the respective utility companies. The utilities will be tied to the PROJECT control points and depths determined in sufficient detail to identify potential conflicts with proposed construction. Utilities thought to be in conflict will be identified and up to 5 locations may be subject to non-destructive exploration. III. SUE A. Subsurface Utility Engineering SUE for this project is limited and will comprise of: 1. Designate tonable subsurface utilities using geophysical prospecting equipment and mark with paint or pin flags within the apparent ROW. 2. Vacuum excavate up to 5 test holes. The holes will be 12” x 12” and exploration will include recording the depth of the utility, backfill and compaction and restore surface to original condition. An iron rod with a cap or an “x-cut” will be set to mark the location of the test hole. 3. The location of the test hole will be recorded and included with the overall survey data 4. Due to the location of the project, traffic control will be limited to cones and free-standing signage. If the city requires lane closures, flag persons, arrow boards, or changeable message boards, those can be provided through special services for an additional fee. IV. CLOMR A. Existing approved LOMR data for the subject creek will be obtained from the City as well as Michael Baker. B. The existing hydrology will be examined for any necessary modifications and design flows will be checked based on the Preliminary Drainage Study. The existing FIS model will be checked for errors and if required, a corrected model will be prepared. C. The duplicate or corrected hydrologic models will then be updated based on revised runoff volumes and the existing hydraulic models will be updated with the pre-project hydrology to create pre-project multiple profiles and floodway models. D. Exhibits for the hydrologic and hydraulic analysis will include watershed maps, land use and time of concentration maps, a soil type map (if required), annotated firm and revised profiles. E. The study will then be compiled as customary with the MT-2 application forms, summary tables and narrative and bound in to an application document. The application will then be sent to FEMA along with the application fee (provided by the City). F. This proposal will include generating a property owner notification document and providing the city with a list of owners to contact. The actual mail out and newspaper notification will be provided by the city. The limits of this study are from upstream of Chapman road to the upstream limit of the current FIS (approximately Briardale) G. CITY shall provide ENGINEER written authorization prior to ENGINEER beginning work on the CLOMR . V. LOMR A. Existing approved CLOMR data for the subject creek will be used or the newest LOMR data will be obtained from the City as well as Michael Baker. B. The existing FIS model will be checked for errors and if required, a corrected model will be prepared. C. The Pre-project multiple profiles and floodway models will be updated based on record drawings. D. Exhibits for the hydraulic analysis will include hydraulic work maps, annotated firm and revised profiles. E. The study will then be compiled as customary with the MT-2 application forms, summary tables and narrative and bound in to an application document. The application will then be sent to FEMA along with the application fee (provided by the City). F. This proposal will include generating a property owner notification document and providing the city with a list of owners to contact. The actual mail out and newspaper notification will be provided by the city. The limits of this study are from upstream of Chapman road to the upstream limit of the current FIS (approximately Briardale) EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR BRIARWOOD ADDITION DRAINAGE IMPROVEMENTS (Noneman St. to CB-1) ADDITIONAL Engineering Services, not included in the scope of work, include those I. services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. ADDITIONAL Engineering Services not included in the scope of work, also include II. assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. ADDITIONAL Engineering Services not included in the Scope of Work, also include III. setting of Easement/Right-Of-Way acquisition parcels. ADDITIONAL Engineering services in connection with the PROJECT, including IV. services which are to be furnished by the CITY and services not otherwise provided for in this Agreement will be at the following rates: Principal $160 per hour Surveyor (RPLS) $110 per hour Project Manager $135 per hour Robotics Survey Crew $135 per hour Sr. Engineer $120 per hour GPS Survey Crew (2-man) $170 per hour Engineer - PE $100 per hour GPS Survey Crew (1-man) $130 per hour Engineer - EIT $85 per hour Survey Technician $85 per hour Sr. Designer $90 per hour Designer $80 per hour CADD/ Drafting $60 per hour Clerical $50 per hour EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR BRIARWOOD ADDITION DRAINAGE IMPROVEMENTS (Noneman St. to CB-1) The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: Provide any existing data the CITY has on file concerning the PROJECT, if I. available. Provide any available As-Built plans for existing streets and drainage facilities. II. Provide any available As-Built plans for existing water and sanitary sewer mains. III. Provide standard details and specifications in digital format. IV. Assist the ENGINEER by requiring appropriate utility companies to expose V. underground utilities within the Right-Of-Way, when required. Give prompt written notice to ENGINEER whenever CITY observes or otherwise VI. becomes aware of any development that affects the scope or timing of the ENGINEER's services. EXHIBIT F COMPENSATION FOR BRIARWOOD ADDITION DRAINAGE IMPROVEMENTS (Noneman St. to CB-1) I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and/or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER’s home office as identified in the work authorization. "Salary Cost" used herein is defined as the cost of salaries of ENGINEER’s, draftsmen, stenographers, survey men, clerks, laborers, etc. for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. A. Compensation for the Basic Engineering Services (Design and Construction phases) shall be a lump sum fee of $ 90,000 The Design phase portion of the Basic Engineering Services shall be computed at 90% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 10% of the total Basic Engineering Services Charge. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for the Construction phase of the Basic Engineering Services shall be due in monthly installments in proportion to the construction work completed on the basis of the Contractor's monthly payment estimates. Upon completion of all work authorized in the Construction phase, the ENGINEER will be paid the remainder of the charge for this phase. B. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: Design Survey: Lump Sum Fee of $ 28,000 SUE: Lump Sum Fee of $ 2,600+ Per Hole Fee of $ 1,200 Preliminary Drainage Study: Lump Sum Fee of $ 12,000 Conditional Letter of Map Revision: Lump Sum Fee of $ 10,200 Letter of Map Revision: Lump Sum Fee of $ 15,200 Direct Costs (Printing, Reproduction, Courier Service, etc.) Costs time a multiplier of 1.10 C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be at the following rates: Principal $160 per hour Surveyor (RPLS) $110 per hour Project Manager $135 per hour Robotics Survey Crew $135 per hour Sr. Engineer $120 per hour GPS Survey Crew (2-man) $170 per hour Engineer - PE $100 per hour GPS Survey Crew (1-man) $130 per hour Engineer - EIT $85 per hour Survey Technician $85 per hour Sr. Designer $90 per hour Designer $80 per hour CADD/ Drafting $60 per hour Clerical $50 per hour Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: “Right to Audit”. It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). Ill. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: “Basic Engineering Services”, Exhibit C: “Special Engineering Services” and Exhibit D: “Additional Engineering Services”). B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services", the final payment of any balance will be due upon receipt of the final invoice. EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR BRIARWOOD ADDITION DRAINAGE IMPROVEMENTS (Noneman St. to CB-1) \[Conflict of Interest Questionnaire is on the following 2 pages.\] CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM F or vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 OFFICE USE ONLY of the Local Government Code by a person doing business with Date Received the governmental entity. By law this questionnaire must be filed with the records th administrator of the local government not later than the 7 business day after the date the person becomes aware of facts that require the statement to be filed. Section 176.006, See Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. Kevin Miller 2 Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section th business day after the 176.006(a), Local Government Code, is pending and not later than the 7 date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. NONE 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. NONE CIQ CONFLICT OF INTEREST QUESTIONNAIRE FORM F or vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. E. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? YES NO F. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? YES NO G. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? YES NO H. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the governmental entity Date Adopted 01/13/2006 CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 1-26-2009 Presented by: AJones/LKoonce Agenda No. F.1 Subject: PU 2009-001 Approve Contract for Emergency Medical Director to Dr. Roy Yamada In the 2008/2009 approved budget, Council approved funding for an Emergency Medical Director for the Fire Department’s Operations Support Division. Request for Qualifications were prepared and sent out November 26, 2008. The RFQ was posted on the City Website. Six (6) vendors were contacted and requested to participate in this process. Request for Qualification packets were downloaded from the City Website by three (3) additional vendors. Two (2) statements of qualification were received from the following: Michelle Beeson, M.D. Roy Yamada, M.D. Both applicants submitted a copy of their proposed Emergency Medical Service protocols, continuing education plan as well as their individual Medical Directors Professional Qualifications. The evaluation committee also looked at the availability of the Medical Director and how that contact will be maintained during an emergency. Dr. Yamada documented his treatment philosophy with evidence based literature outlining a very aggressive protocol. Dr. Beeson’s submitted a basic protocol that lacked the aggressive treatment that the City of North Richland Hills citizens are accustomed to. A mainstream Continuing Education plan was submitted by both applicants; and both would oversee the EMS Coordinator. Dr. Beeson requires each paramedic to participate in an educational bi-annual cadaver lab session. This would be a great training opportunity; however the cost of the lab and overtime to attend this required lab would burden the current budget. Dr. Yamada would be the primary point of contact for medical direction via cell phone and hand radio for medical direction, with a single point of contact when he is not available. Dr. Beeson was more generic, having multiple physicians being responsible for directing the NRH Paramedics. The last factor considered was in reference to the cost associated with the proposed protocol and equipment list submitted by Dr. Yamada and Dr. Beeson. Dr. Beeson has a different treatment protocol that requires medications and equipment that the EMS does not currently use. Dr. Beeson’s protocol would require a significant expenditure on disposable medical supplies and EMS equipment in an effort to change from our current standards and procedures. The evaluation committee (Eddy Wood, Mike Rawson, Matthew Fisher, David Rainwater, Stephen Hildebrand and David Dresner) felt that Dr. Beeson has excellent qualifications and meets the minimum needs and her protocol is adequate. Dr. Beeson’s continuing education plan is excellent however there are significant costs for the required lab time and overtime needed to meet the plans requirements. There would be cost for equipment associated with the changes in current procedures to meet the protocol. Dr. Beeson would be available for consultation and make accommodations for other doctors to stand in on her behalf which would create a different environment for the EMS who would be dealing with multiple perspectives on care. The evaluation committee feels that Dr. Yamada’s credentials and experience with the City of North Richland Hills and surrounding areas makes him the best option for this position. His protocol is aggressive and supports the mission of the department. The submitted continuing education plan meets the requirements and ensures continuing growth and improvement within the EMS department. Dr. Yamada’s availability is exceptional; he makes himself available to paramedics via cell phone and hand radio. The Evaluation Committee and Fire Department recommend awarding the contract for Emergency Medical Director to Dr. Yamada. Dr. Roy Yamada has been the Medical Director for the City since 2001. The quality of the EMS program has improved considerably while under his direction, and EMS would like to continue this relationship. This would allow EMS to continue with a quality of care the citizens of NRH are use to, while keeping the protocols and procedures inline with most of the front line mutual aide ambulances in the surrounding communities. The term of the contract shall be for a period of two (2) years beginning February 1, 2009 and ending in January 31, 2011 with the option to extend the agreement for an additional two (2) years. The cost for the current contract is $25,760 per year. Compensation for Emergency Medical Direction services under the new contract shall be $30,000 a year, paid in four (4) equal payments of $7,500. Recommendation: To approve contract for Emergency Medical Director to Dr. Roy Yamada. CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: Communications Council Meeting Date: 1-26-2009 Presented by: Agenda No. H.1 Subject: Tarrant Regional Transportation Coalition Video At their January meeting, the Tarrant Regional Transportation Coalition (TRTC) provided information about its new “.” The goal of this Cannes-gestion Film Festival initiative is to engage the public in talking about traffic congestion in our region and to let state legislators know how important transportation solutions are to this region. The TRTC has prepared a short video to inform the public about the “ Cannes-gestion .” This video will be broadcast at the January 26, 2009 City Council Film Festival Meeting. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-26-2009 Presented by: Councilman Tim Welch Agenda No. H.2 Subject: Announcements - Councilman Welch Announcements is holding an from on Friday, Iron Horse Golf CourseOpen House6 to 9 p.m. . Bring the family by to and January 30thsample the new menusee the new model in the C.A. Sanford Clubhouse. Iron Horse Golf Course is located at 6200 Skylark train Circle. For more details, please call . 817-485-6666 The North Richland Hills encourages you to . Upcoming Fire Departmentlearn CPR CPR classes are scheduled for and. The cost to participate is February 6th March 6th . The classes are and participants only $25American Heart Association approved receive a . To sign up or get more information, please call certification card817-427- 6900. The is hosting its annual Parks & Recreation DepartmentDaddy-Daughter Valentine on Saturday, . This special evening will include music, DanceFebruary 7th refreshments, photographs, limo rides and more. The cost is . only $8 per person . For more details, please call Tickets are on sale at the NRH Recreation Center817- 427-6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Robert Raley and Brian Thomas, Public Works Utility Division An e-mail was received from a resident thanking Robert and Brian for their immediate response in replacing a meter box lid. The resident said their follow up procedures for explaining the actions taken to resolve his concerns was most impressive. CITY OF NORTH RICHLAND HILLS Department: City SecretaryCouncil Meeting Date: 1-26-2009 Presented by: Agenda No. H.3 Subject: Adjournment