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Home My WebLink AboutCC 2020-10-26 Agendas NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, OCTOBER 26, 2020 WORK SESSION: 6:00 PM Held in the Council Chamber CALL TO ORDER 1. Discuss items on regular City Council meeting. 2. Welcome and introduction ® public official, public employee or citizen. 3. Discuss revisions to the city's Mobile Food Unit Ordinance. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1 Section 551.087: Deliberation regarding economic development negotiations ® City Point_Qgyg1qaMgpL_gppror)ertv located at 4400and 4401 City Point Drive. Monday, October 26, 2020 City Council Agenda Page 1 of 4 REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER WRIGHT OUJESKY A.2 PLEDGE - COUNCIL MEMBER WRIGHT OUJESKY A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the requiar October 1 , 2020 City Council meeting. C. PUBLIC HEARINGS C.1 ZC 2020-09, Ordinance No. 3669, Public hearing and consideration of a request from 7625 Glenview Drive TX LLC for a zoning change from C-1 (Commercial) to N -P (Nonresidential PlannedDevelopment) at 7625 Glenview Drive, being 3.517 acres described as Lot 7, Block A, Calloway Farm Addition. D. PLANNING AND DEVELOPMENT Monday, October 26, 2020 City Council Agenda Page 2 of 4 D-1 RP 2020-10 Consideration of a request from 7625GIenview Drive TX LLC for a replat of Lots 7R1 and 7R2 Block A Calloway Farm Addition, being 3.517 acres located at 7625 Glenview Drive. E. PUBLIC WORKS E-1 Consider Ordinance No. 3670 revising the permanent speed limit along Davis Boulevard (FM 1938) from Smithfield Road to 900 feet north of Odell Street. E-2 Authorize the City Manager to execute a Signalization Agreement with Trinity Metro and NRH Iron Horse, LLC for the design, construction and installation of a traffic signal at the intersection of Iron Horse Boulevard and Boulder Drive. F. GENERAL ITEMS F-1 Consider the purchase of hardware, software and maintenance from Red River Technology,, LLC, through various apartment of Information Resources Cooperative agreements, in the collective amount not to exceed $750,, 00 for Fiscal Year 2020/2021. F-2 Authorize rejection of all bids received for Bid No. 20-029 for construction of the Fire and Police Training Center fence located at 7204 Dick Fisher Drive. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER COMPTON H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, October 23, 2020 by 3:00 PM. Monday, October 26, 2020 City Council Agenda Page 3 of 4 City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, October 26, 2020 City Council Agenda Page 4 of 4 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 26, 2020 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 28, 2020 SUBJECT: Welcome and introduction - public official, public employee or citizen. PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 26, 2020 SUBJECT: Discuss revisions to the city's Mobile Food Unit Ordinance PRESENTER: Stefanie Martinez, Director of Neighborhood Services GENERAL DESCRIPTION: Due to the partial closures and/or limited capacity for occupancy caused by the COVID- 19 pandemic, several businesses and food truck operators have inquired into operating within our city more frequently than the occasional special event. With this in mind, Neighborhood Services and the City Attorney's Office reviewed the current city ordinance that pertains to food trucks or mobile food units. Staff determined that revisions can be made to the current ordinance to allow food trucks to operate more frequently without compromising safety standards. The purpose of this item is to review the proposed changes. Local governments rely on the Texas Food Establishment Rules (TFER) to regulate all food establishments within their jurisdictions. This year the TFER was scheduled to be updated; however, for various reasons, the updates have the potential to impact more than just food trucks, and have therefore been delayed until 2021. To accommodate changes required by COVID-19 regulations, city staff recommends moving forward with revisions to the city's current food establishment ordinance at this time, and revisiting the ordinance after the TFER rules have been updated to ensure compliance. The proposed changes that will come before Council for consideration at the next Council meeting are minor updates or changes in definitions that will allow mobile food units to operate more frequently, which helps them and other businesses during the pandemic. The suggested updates include: • Revise the current definition of Mobile Food Unit • Clarify the definition of Temporary Food Establishment • Allow for annual inspection of mobile food units • Establish specific timeframes during which mobile food units may operate • Establish specific locations where mobile food units may operate • Establish a permission form to be utilized and completed by the property owner and mobile food unit • Limit the types of foods to be prepared on the mobile food unit • Require access to restroom facilities IrLp NOKTH KICHLAN HILLS • Require certain equipment to be provided by the mobile food unit • Amend required fees to operate • Create a sunset review timeframe to re-evaluate the ordinance changes The purpose of this work session item is to review the proposed changes, and receive direction and feedback from City Council. Following this review, staff will finalize the revisions and bring the ordinance to Council for consideration and adoption. "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 26, 2020 SUBJECT: Approve minutes of the regular October 12, 2020 City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the regular October 12, 2020 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE OCTOBER 12, 2020 WORK SESSION CALL TO ORDER Mayor Trevino called the work session to order October 12, 2020 at 6.01 p.m. Present: Oscar Trevino Mayor Tito Rodriguez Deputy Mayor Pro Tem, Place 1 Rita Wright Oujesky Council, Place 2 Suzy Compton Council, Place 3 Mike Benton Council, Place 5 Scott Turnage Mayor Pro Tem, Place 6 Absent: Mason Orr Associate Mayor Pro Tem, Place 4 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary/Chief Governance Officer Maleshia B. McGinnis City Attorney 1. DISCUSS ITEMS ON REGULAR CITY COUNCIL MEETING. City Council had no questions for staff. 2. DISCUSS FOSSIL CREEK PARK "PUMP TRACK" CONVERSION ON FIELD #1 FOR MOUNTAIN BIKE USE. Managing Director Vickie Loftice informed City Council the item before them this evening is to discuss an opportunity for a pump track at Fossil Creek Park. The City Council and the Park Board have expressed an interest for improvements to Fossil Creek Park, which was established in 1964 and encompasses 58.5 acres. If approved, the construction of the mountain bike trail will begin November 15, 2020 and will include 4.32 miles of trail. This trail will be a partnership with Fort Worth Mountain Bike Association and Bonsai Bike in North Richland Hills. The trail will be funded and built by volunteers. Once complete, the trail will be maintained by Fort Worth Mountain Bike Association. Staff recommends and seeks City Council's direction to convert ball field number 1 to a mountain bike pump track. October 12, 2020 City Council Meeting Minutes Page 1 of 7 City Council and staff discussed liability, insurance, hours of operation and maintenance for the pump track. City Council had no objection with staff moving forward with implementation of a pump track at Fossil Creek Park. EXECUTIVE SESSION 1. SECTION 551.071: CONSULTATION WITH CITY ATTORNEY TO SEEK ADVICE ABOUT PENDING OR THREATENED LITIGATION OR SETTLEMENT OFFER - CITY OF NORTH RICHLAND HILLS V. LAFONDA JOY DIXON, AKA LAFONDA MOORE DIXON AND 4916 ELDORADO DRIVE, IN REM, CAUSE NO. 352-313751-9, IN THE 352ND JUDICIAL DISTRICT COURT, TARRANT COUNTY, TEXAS. 2. SECTION 551.074: PERSONNEL MATTERS TO DELIBERATE THE EMPLOYMENT, EVALUATION, AND DUTIES OF PUBLIC EMPLOYEES - (1) CITY MANAGER AND (2) CITY ATTORNEY Mayor Trevino announced at 6.18 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, Section 551.071: Consultation with City Attorney to Seek Advice About Pending or Threatened Litigation or Settlement Offer - City of North Richland Hills v. Lafonda Joy Dixon, aka Lafonda Moore Dixon and 4916 Eldorado Drive, in rem, Cause No. 352-313751-9, in the 352nd Judicial District Court, Tarrant County, Texas; and Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - (1) City Manager and (2) City Attorney. Executive Session began at 6.20 p.m. and concluded at 7.14 p.m. Mayor Trevino announced at 7.14 p.m. that City Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order October 12, 2020 at 7.18 p.m. Present: Oscar Trevino Mayor Tito Rodriguez Deputy Mayor Pro Tem, Place 1 Rita Wright Oujesky Council, Place 2 Suzy Compton Council, Place 3 Mike Benton Council, Place 5 Scott Turnage Mayor Pro Tem, Place 6 October 12, 2020 City Council Meeting Minutes Page 2 of 7 Absent: Mason Orr Associate Mayor Pro Tem, Place 4 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary/Chief Governance Officer Maleshia B. McGinnis City Attorney A.1 INVOCATION Deputy Mayor Pro Tern Rodriguez gave the invocation. A.2 PLEDGE Deputy Mayor Pro Tern Rodriguez led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION Mr. Pat Coyle, 7536 Terry Drive, informed City Council that he addressed them two years ago regarding vehicles parking on city streets. He visited with Jimmy Perdue prior to the meeting and informed him that he would look at options to address his concerns. A.5 PUBLIC COMMENTS There were no requests to speak from the public. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER WRIGHT OUJESKY TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 5-0. October 12, 2020 City Council Meeting Minutes Page 3 of 7 B.1 APPROVE MINUTES OF THE REGULAR SEPTEMBER 28, 2020 CITY COUNCIL MEETING. B.2 AP 2020-02 CONSIDERATION OF A REQUEST FROM SPRY SURVEYORS FOR AN AMENDED PLAT OF PARKSIDE PLACE, BEING 5.805 ACRES LOCATED AT 5600 WYNWOOD DRIVE. B.3 FP 2020-08 CONSIDERATION OF A REQUEST FROM OUR COUNTRY HOMES INC FOR A FINAL PLAT OF LOT 1, BLOCK 1, WOODBERT ADDITION PHASE II, BEING 0.239 ACRES LOCATED AT 8136 WOODS LANE. B.4 APPROVE FISCAL YEAR 2020-2021 PURCHASES FOR AUDIO VISUAL HARDWARE, INCLUDING VIDEO CONFERENCING EQUIPMENT AND PROFESSIONAL SERVICES, FROM DESIGNS THAT COMPUTE DBA VISIONALITY IN A CUMULATIVE AMOUNT NOT TO EXCEED $103,158.72 UTILIZING THE INTERLOCAL PURCHASING SYSTEM (TIPS) COOPERATIVE CONTRACT NO. 171001. B.5 AUTHORIZE THE SOLE SOURCE PURCHASE OF ANNUAL MAINTENANCE FOR THE CITY'S FINANCIAL/HUMAN RESOURCES PLANNING LEGACY SOFTWARE PLATFORM (HTE) FROM CENTRAL SQUARE TECHNOLOGIES, IN THE AMOUNT OF $137,607.83. B.6 APPROVE PURCHASE OF SIX POLICE VEHICLES FROM CALDWELL COUNTRY CHEVROLET, LLC, IN THE AMOUNT OF $228,820.00 THROUGH BUYBOARD CONTRACT#601-19. B.7 APPROVE PURCHASE OF TWO POLICE MOTORCYCLES FROM LONGHORN HARLEY-DAVIDSON IN THE AMOUNT OF $77,028.88 THROUGH BUYBOARD CONTRACT #601-19. B.8 APPROVE PURCHASE OF TWO POLICE VEHICLES FROM SAM PACK'S FIVE STAR FORD IN THE AMOUNT OF $89,360.00 THROUGH TARRANT COUNTY COOPERATIVE CONTRACT#2019-014. B.9 APPROVE PURCHASE OF SIX LIGHT-DUTY PICKUP TRUCKS FROM SAM PACK'S FIVE STAR FORD IN THE AMOUNT OF $183,703.00 THROUGH A TARRANT COUNTY COOPERATIVE CONTRACT#2019-041. B.10 APPROVE PURCHASE OF A JETTER TRUCK FOR THE PUBLIC WORKS DEPARTMENT FROM RUSH TRUCK CENTERS OF TEXAS, LP, IN THE AMOUNT OF $164,607.75 THROUGH BUYBOARD CONTRACT#601-19. October 12, 2020 City Council Meeting Minutes Page 4 of 7 B.11 AWARD BID NO.20-027 TO ENVISIONWARE, INC., FOR THE PURCHASE OF AN AUTOMATED MATERIALS HANDLER FOR THE LIBRARY AT 9015 GRAND AVE., IN THE AMOUNT OF $63,554. B.12 APPROVE AMENDMENT TO THE AGREEMENT WITH NATIONAL MEDICAL SERVICES, INC. D/B/A NMS LABS (NMS LABS) FOR FORENSIC LABORATORY SERVICES TO MODIFY THE TESTING CAPABILITIES AND APPROVE YEAR THREE CONTRACT PRICING IN THE AMOUNT OF $71,235. C. PUBLIC HEARINGS There were no items for this category. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 APPROVE RESOLUTION 2020-037, DESIGNATING METHOD FOR MAKING WRITTEN REQUESTS FOR PUBLIC INFORMATION AND NAMING A PUBLIC INFORMATION OFFICER DESIGNEE. APPROVED Assistant City Secretary Traci Henderson presented item. Ms. Henderson informed City Council the resolution for their consideration is to designate a method of delivery for making written requests for public information and appointing a designee for the officer for public information. Upon approval of Resolution No. 2020-037, the following methods of delivery for acceptance of written requests for public information include- (1) Mailing Address City of North Richland Hills Office of the City Secretary/Chief Governance Officer P.O. Box 820609 North Richland Hills, Texas 76182 (2) Electronic email address openrecords@nrhtx.com (3) Officer for receipt of hand delivery during business hours October 12, 2020 City Council Meeting Minutes Page 5 of 7 City of North Richland Hills Office of the City Secretary/Chief Governance Officer 4301 City Point Drive North Richland Hills, Texas 76180 (4) Designating electronic submission through the city's website "Public Information Request Center" Upon approval, the city's website and sign required by the Public Information Act informing the public of their basic rights will updated to include the new methods of delivery. A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY DEPUTY MAYOR PRO TEM RODRIGUEZ TO APPROVE RESOLUTION NO. 2020-037. MOTION TO APPROVE CARRIED 5-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced there was no action necessary as the result of Executive Session. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Wright Oujesky made the following announcements. Early voting for the November 3, 2020 election starts tomorrow and continues through October 30, 2020. Registered voters can vote early at the Dan Echols Center or at any of the early voting locations in Tarrant County. In addition to the race for president and other political offices, the November 3, 2020 election will include a bond proposition for North Richland Hills street improvements. Please visit our website for more information. Volunteers will make a difference in our community during the annual Fix It Blitz on Saturday, October 24, 2020. Projects will include mowing, tree trimming, fence repair, debris removal, light construction and painting for neighbors in need. For more information, please visit our website or contact the Neighborhood Services Department. The city will also hold the annual Fall Community Cleanup on Saturday, October 24, 2020. Bulky items like brush, tree limbs, fence panels, building materials, old furniture, October 12, 2020 City Council Meeting Minutes Page 6 of 7 etc. can be dropped off for disposal from 9.00 a.m. to noon in the parking lot of the TCC Northeast Campus. Paper shredding will also take place at this event. Household hazardous waste, refrigerators, tires, electronics and trailers of loose bricks, rocks or concrete will not be accepted. Please contact the Code Compliance Office or visit our website for more details. Kudos Korner - Rebecca Vinson at the Municipal Court - A citizen sent an email to thank Rebecca for showing patience and kindness to her daughter. She said her daughter experiences ticking and stuttering when she is in stressful situations. During a phone call with the court, Rebecca helped calm her daughter's nerves and give her peace. She said she could feel Rebecca's compassion radiate through the phone call and it was a relief to see her daughter smiling by the end of the call. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7.34 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary/Chief Governance Officer October 12, 2020 City Council Meeting Minutes Page 7 of 7 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 26, 2020 SUBJECT: ZC 2020-09, Ordinance No. 3669, Public hearing and consideration of a request from 7625 Glenview Drive TX LLC for a zoning change from C-1 (Commercial) to NR-PD (Nonresidential Planned Development) at 7625 Glenview Drive, being 3.517 acres described as Lot 7, Block A, Calloway Farm Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of 7625 Glenview Drive TX LLC, Jo-Jo Curtis is requesting a zoning change from C-1 (Commercial) to NR-PD (Nonresidential Planned Development) on 3.517 acres located at 7625 Glenview Drive. GENERAL DESCRIPTION: The property is located at the northwest corner of Glenview Drive and Booth Calloway Road. The lot is developed as a nursing facility ( „Il,ca„i i!..e.. , .21.11,ines s,a irk, if:::Zer]ab..). The applicant is requesting a zoning change to NR-PD (Nonresidential Planned Development) to accommodate the long-term refinancing for the property through the US Department of Housing and Urban Development (HUD). A portion of the site is located within the floodplain and floodway of Calloway Branch creek. The owner proposes to split the property into two lots so they can obtain a HUD loan using the portion of the property that is not located in the floodway as mortgage collateral. A letter from the applicant is attached that explains the request in detail. A replat of the property is a related item on the October 26, 2020, agenda (see RP 2020- 10). The proposed lot split would create a lot (7R2) that does not provide sufficient area for building or other improvements, as the lot would be completely comprised of floodway and floodplain areas. In addition, much of the area on proposed Lot 7R2 comprises required landscaped areas, driveway access, parking areas, and signage for the nursing care facility lot. The proposed NR-PD zoning addresses these issues to ensure the lot split does not cause the existing property to fall out of compliance with these standards. LAND USE PLAN: This area is designated on the Land Use Plan as Office Commercial. This designation encourages professional, medical, and administrative offices as well as limited commercial service establishments that benefit adjacent and nearby residential area. CURRENT ZONING: The property is currently zoned C-1 Commercial. This district is intended to provide for development of retail service and office uses principally serving "K NOKTH KICHLAND HILLS community and regional needs. The district should be located on the periphery of residential neighborhoods and be confined to intersections of major arterial streets. It is also appropriate for major retail corridors as shown on the comprehensive plan. PROPOSED ZONING: The proposed zoning is NR-PD Nonresidential Planned Development following the C-1 Commercial district land uses and development standards. The proposed change is intended to authorize the subdivision of the property into two lots. SURROUNDING ZONING ( LAND USE: NORTH C-1(Commercial) Office Commercial Calloway Branch creek WEST C-1(Commercial) Office Commercial Medical offices Office Professional(per SOUTH City of Richland Hills Richland Hills land use Retail and restaurant map) EAST C-1(Commercial) Retail Commercial Convenience store with fuel sales PLAT STATUS: The property is currently platted as Lot 7, Block A, Calloway Farm Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the October 1, 2020, meeting and voted 4-0 to recommend approval. RECOMMENDATION: Approve Ordinance No. 3669. ROGAN 2e 2' f- a RANDLE ACCESS , t z Q z CONN w z Q w J III O O Q a o U � J x F Q N Ilm�ii�°�µlll°m ��liim�IllmIll��miiirmm;;,�� NBiiiIIIIII�, ,� _ Riiimumlllmllla and 11 liillll��u Prepared by Planning 8/26/2020 N DISCLAIMER:This product Is for Informational purposes and may not n have baen prepared for or be suitable for legal,engineering,or surveying Feet 0 7.72.5 225 450 675 900 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. o � "" III pll\ Y 1u0 doj4��,,/_.. Rat v, ' 71/ r r i r r�.�r/��,,'�a7j l ,y, / ,/ .,;� ,, �IiG/, % � � �r �, �r fl I✓�'9 v , ,, � ,�� Y I f d�'* um N�� ✓�� ": �� id 1 � of N ca' �lli1 I13 hi a, d Il�u uc Ihiillaniid Il1ullllS 9> d ,rr r r �i Prepared by Planning 8/26/2020 N DISCLAIMER:This product Is for Informational purposes and may not n have baen prepared for or be suitable for legal,engineering,or surveying Feet 0 7.72.5 225 450 675 900 purposes.it does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. k4FItH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: ZC 2020-09 You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT 7625 Glenview Drive LLC LOCATION 7625 Glenview Drive REQUEST Public hearing and consideration of a request from 7625 Glenview Drive LLC for a zoning change from C-1 (Commercial) to NR-PD (Nonresidential Planned Development) at 7625 Glenview Drive, being 3.517 acres described as Lot 7, Block A, Calloway Farm Addition. DESCRIPTION Proposed zoning change to allow the property to be divided into two lots for the purpose of refinancing the property PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, October 1, 2020 City Council 7:00 PM Monday, October 26, 2020 MEETING LOCATION In compliance with the Texas Open Meetings Act and in accordance with Section 418.016 of the Texas Government Code and such action issued by III ILI3 the Governor of Texas on March 16, 2020, the Enhanced sanitation protocols,social North Richland Hills City Council and Planning and Zoning Commission will conduct their regular distancing, and wearing of face coverings meetings in the Council Chambers,4301 City Point are in effect for all public meetings. Drive, North Richland Hills, Texas, or via video conference. People interested in submitting letters of support or opposition are encouraged to contact the Planning&Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by City Council. Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP RANDS ACCESS ca CONN LLJ 1/X Iu HidI a ri d YfiNuIIII II I I Ito,,'60,e, me aw, 'w' d 14,ii 11 ll'" ifs l A Pff a 110"4 4, ........... "JW r"'�l [111 s Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC 2020-09 7625 GLENVIEW DRIVE TX LLC 4601 WILSHIRE BLVD STE 220 LOS ANGELES CA 90010 A 2 Z REALTY 7815 GLENVIEW DR NORTH RICHLAND HILLS TX 76180 CITY OF RICHLAND HILLS 3200 DIANA DR RICHLAND HILLS TX 76118 COLUMBIA N HILLS HOSP SUB LP PO BOX 1504 NASHVILLE TN 37202 GLENVIEW ENTERPRISES INC 8405 HARWOOD RD NORTH RICHLAND HILLS TX 76180 MM CITY POINT 53 LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRANCH TX 75234 MATSINGER,STANLEY G 7801 CONN DR NORTH RICHLAND HILLS TX 76180 MEG MA LLC 22 WOODLAND CT MANSFIELD TX 76063 NORTHEAST IVIED&SURG CLINIC 7601 GLENVIEW DR NORTH RICHLAND HILLS TX 76180 ROBB, MARY M 4018 CITY POINT DR NORTH RICHLAND HILLS TX 76180 S 1 E R J H I 1 'V G R 0 U P August 26,2020 North Richland Hills Planning Department RE; Zoning Change Request Ladies&+Gentlemen, The following request for a Zoning Change Re-Plat of the current single parcel to create a two (2) parcel propertythat is legally described underthe subdivision map act. This request is made in connection with the long-term FHA-insured refinance for the property located at 7625 Glenview Drive, Richland Hills, TX 76180 and owned by 7625 GLENVIEW DRIVE TX LLC("Owner"). The Owner is in the process of seeking a long-term permanent financing from Greystone Funding Company, LLC,that will be regulated bythe U.S.Department of Housing and Urban Development("HUD"). A portion of the property is located within a Floodway, according to the 24 COD of Federal Regulations(CFR) Part 55, HUD"s floodplain management regulation strictly prohibits mortgage insurance when any portion of the property is located in a Floodway. The Owner would like to create two (2) legally described parcels so that it can obtain the HUD loan using the portion of the property that is not in the flood way as the mortgaged collateral. The Owner will record binding agreements for shared parking and access across both parcels,to ensure the property continues to meet all parking and zoning requirements. If you have any questions, please don't hesitate to contact me by email or phone at or 714-469-1881. Your assistance in this matter is greatly appreciated. Regards, Jo-Jo Curtis Senior Real Estate Paralegal office (7I4) 242-3450 5316 EAST CHATyMAN AVENOE www.sternsheinlegalgroup.com ORANGE- CA 92869 ORDINANCE NO. 3669 ZONING CASE ZC 2020-09 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING 3.517 ACRES OF LAND LOCATED AT 7625 GLENVIEW DRIVE FROM C-1 (COMMERCIAL) TO NR-PD (NONRESIDENTIAL PLANNED DEVELOPMENT); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of property located at 7625 Glenview Drive (the "Property") has filed an application to rezone the Property from its present classification of C-1 (Commercial) to NR-PD (Nonresidential Planned Development); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on October 1, 2020, and the City Council of the City of North Richland Hills, Texas, held a public hearing on October 26, 2020, with respect to the zoning change described herein; and Ordinance No. 3669 ZC 2020-09 Page 1 of 4 WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning the Property and approving a Nonresidential Planned Development as provided herein on a 3.517-acre tract of land described as Lot 7, Block A, Calloway Farm Addition, commonly referred to as 7625 Glenview Drive, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to herein approve the nonresidential planned development in accordance with the requirements of the Nonresidential Planned Development (NR-PD) district Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved Nonresidential Planned Development (NR-PD)zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the C-1 (Commercial) zoning district, and the additional zoning standards as set forth in Exhibit "B." Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as Ordinance No. 3669 ZC 2020-09 Page 2 of 4 amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 26th day of October, 2020. Ordinance No. 3669 ZC 2020-09 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3669 ZC 2020-09 Page 4 of 4 Exhibit A— Property Description —Ordinance No. 3669 Zoning Case ZC 2020-09 Lot 7, Block A,Calloway Farm Addition 7625 Glenview Drive, North Richland Hills,Texas BEING Lot 7, Block A, Calloway Farm Addition, North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-216, Page 32, Plat Records,Tarrant County,Texas. Exhibit B— Land Use and Development Regulations —Ordinance No. 3669— Page 1 of 2 Zoning Case ZC 2020-09 Lot 7, Block A,Calloway Farm Addition 7625 Glenview Drive, North Richland Hills,Texas This Redevelopment Planned Development (NR-PD) district must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of C-1 Commercial.The following regulations are specific to this NR-PD district.Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted land uses. Uses in the NR-PD are limited to those permitted in the C-1 Commercial zoning district, as amended, with the addition of and subject to the following. 1. Nursing home 2. Any land use requiring a special use permit in the C-1 Commercial zoning district, as amended, is only allowed if a special use permit is issued for the use. 3. Any land use prohibited in the C-1 Commercial zoning district, as amended, is also prohibited. B. Site development standards. Development of the property shall comply with the development standards of the C-1 Commercial zoning district and the standards described below. 1. For the purposes of compliance with Chapter 106 (Signs) and Chapter 114 (Vegetation), the Property is considered a unified parcel as described by the boundary of Lot 7, Block A, Calloway Farm Addition, regardless of any future subdivision of the site. 2. The owner(s) of the Property are jointly and separately responsible for the maintenance of all common amenities, landscaping, signage, driveways, irrigation, and other site improvements. 3. A common access easement must be dedicated to provide access for all lots to the drive approach on Booth Calloway Road. C. Amendments to Approved Planned Developments. An amendment or revision to the NR-PD district will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the NR-PD district. D. Administrative Approval of Site Plans. The development is subject to final approval of a site plan package. Site plans that comply with all development-related ordinances, and this Ordinance may be administratively approved by the Development Review Committee. The city manager or designee may approve minor amendments or revisions to the standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; Exhibit B— Land Use and Development Regulations —Ordinance No. 3669— Page 2 of 2 Zoning Case ZC 2020-09 Lot 7, Block A,Calloway Farm Addition 7625 Glenview Drive, North Richland Hills,Texas 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. Exhibit C- Site Plan Exhibits- O 11"1"11° �"`T.� THE PROPERTY HEREON DESCRIBED IS THE SAME AS THE PER PROPERTY AS DESCRIBED IN STEWART PILE GUARANTY COMPANY,GF NO.: 141547,WTH AN ®0-INTENTIONALLY DELETED /��j FLOM ZONE"SHADED X" EFFECTIVE GATE OF AUGUST 5,2019 AT 8:00 A.M. ®P -TERMS,CONDITIONS,PROVISIONS AND STIPULATIONS OF SUBORDINATION AND .//L�y FLOM ZONE"AE" I 1�VPl F, 1 1,�7 1 ��1,�., 1.1 r 1 1Lj."- ATTORNMENT AGREEMENT, VIE BY AND BETWEEN 7625 GLENVIEW DRIVE TX LLC, FLOM ZONE"FLOODWAY AE" (LANDLORD),GREYSTONE BY CORPORATION,INC.(LENDER),AND RECORD LEGAL DESCRIPTION: ARROWHEAD MASTER TENANT LLC(TENANT),DATED AUGUST 16,2018,FILED -ALL NON HATCHED AREAS ZONE"X" AUGUST 17,2018,RECORDED IN/UNDER CLERK'S FILE NO.D218183851,REAL SOFT. SQUARE FEET PART OF LOT 7A,BLOCK A,CALLOWAY FARM ADDITION TO THE CITY OF NORTH PROPERTY RECORDS,TARRANT COUNTY,TEXAS,AS TO ITS AFFECT ON AN HANDICAP PARKING SPACE RICHLAND HILLS,TARRANT COUNTY,TEXAS,ACCORDING TO PLAT RECORDED IN UNRECORDED MASTER LEASE AGREEMENT BETWEEN LANDLORD AND TENANT. VOLUME 368-216,PAGE 32,DEED RECORDS OF TARRANT COUNTY,TEXAS SAVE (UNABLE TO DETERMINE,REWIRES CLERK'S FILE NO.D218183851) PS PARKING SPACE(S) AND EXCEPT THAT PROPERTY CONVEYED BY RIGHT OF WAY DEED RECORDED IN TF TRANSFORMER VOLUME 8181,PAGE 121,DEED RECORDS OF TARRANT COUNTY,TEXAS; AND Q-TERMS,CONDITIONS,PROVISIONS AND STIPULATIONS OF SUBORDINATION AND AC AIR CONDITIONER SAVE AND EXCEPT THAT PROPERTY AWARDED BY AGREED FINAL JUDGMENT ATTORNMENT AGREEMENT,BY AND BETWEEN ARROWHEAD MASTER TENANT WTI WATER METER DATED JUNE 23.1999,UNDER CAUSE NO.9 7-7550 4-1,STYLED CITY OF LLC,(SUBLANDLORD),GREYSTONE SERVICING CORPORATION,INC.(LENDER), EM ELECTRIC METER RICHLAND HILLS VS.FOUR SEASONS NURSING CENTERS,INC. AND GLENVIEW POST ACUTE LLC(SUBTENANT),DATED AUGUST 16,2018, TR TELEPHONE RISER _ FILED AUGUST 17,2018,RECORDED IN/UNDER CLERK'S FILE NO.D218183853, 10HL CLEAN OUT AS SURVEYED LEGAL DESCRIPTI REAL PROPERTY RECORDS,TARRANT COUNTY,TEXAS, TO ITS AFFECT ON BUILDING HEIGHT LOCATION 1 ) ON: AN UNRECORDED SUBLEASE AGREEMENT BETWEEN SUBLA (M) FIELD MEASUREMENT LANDLORD AND (R) RECORD MEASUREMENT SUBTENANT. CB CHORD BEARING (UNABLE TO DETERMINE,REQUIRES CLERK'S FILE NO.D218183853) PART OF LOT 7A,BLOCK A.CALLOWAY FARM ADDITION TO THE CITY OF NORTH C CHORD LENGTH RICHLAND HILLS,TARRANT COUNTY,TEXAS,ACCORDING TO PLAT RECORDED IN �-TERMS,CONDITIONS,PROVISIONS AND STIPULATIONS OF SUBORDINATION AND -" VOLUME 388-216,PAGE 32,DEED RECORDS OF TARRANT COUNTY,TEXAS. BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; (SUBLA DLO AGREEMENT, E AND BETWEEN GLENVIEW POST ACUTE LLC, (SUBLANDLORD),GREYSTONE SERVICING CORPORATION,INC.(LENDER),AND BEGINNING AT A FOUND 1/2"IRON PIN MARKING THE NE CORNER OF LOT 7A, COR YELL COUNTY MEMORIAL HOSPITAL AUTHORITY(SUBTENANT),DATED BLOCK A ACCORDING TO THE ABOVE MENTIONED PLAT; AUGUST 16,2018,FILED AUGUST 17,2018,RECORDED INLANDER CLERK'S FILE NO.D210183852,REAL PROPERTY RECORDS,TARRANT COUNTY,TEXAS, THENCE S 01'28'00"W ALONG THE WEST RIGHT F WAY LINE OF BOOM AS TO ITS AFFECT ON AN UNRECORDED SUBLEASE AGREEMENT BETWEEN CALLOWAY ROAD 199.08 FEET TO A SET 1/2"IRON PIN; SUBLANDLORD AND SUBTENANT. (UNABLE TO DETERMINE,REQUIRES CLERK'S FILE NO.D218183852) THENCE 5 00'50'00"W ALONG THE WEST RIGHT F WAY LINE OF BOOTH CALLOWAY ROAD 162.15 FEET TO A SET CUT"X"; THENCE S 44'41'13"W 30.30 FEET TO A SET CUT"X"; THENCE S 89'51'20"W ALONG THE NORTH RIGHT OF WAY OF GLENVIEW DRIVE 96.62 FEET TO A SET 1/2"IRON PIN W/RPS CAP 5593: '.. THENCE S 88'39'21"W ALONG THE NORTH RIGHT OF WAY F GLENVIEW DRIVE n,F. 276.90 FEET TO A SET CUT"X"; p FL t C.' ^^ �f THENCE N 00'16'00"W 387.64 FEET TO A FOUND 1/21RON PIN; THENCE N 89'46'00"E 401.70 FEET i0 THE POINT F BEGINNING Foil 1T �12 11&1 CONTAINING AN AREA OF 152,467 SQUARE FEET OR 35002 ACRES MORE OR UttLF F N of FPS LESS. o-EC 1 1 OM F 01 ,r 1 ON' FLOOD NOTE BASED ON MAPS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA)AVAILABLE ONLINE AT WWW.MSC.FEMAGOV AND BY GRAPHIC PLOTTING ONLY,THIS PROPERTY IS PARI TALLY LOCATED IN ZONE"X","X / "R SHADED'AND"AE"ON FLOOD INSURANCE RATE MAP NUMBER 48439CO205K, WH ICH BEARS AN EFFECTIVE DATE OF 09/25/2009 AND IS NOT IN A SPECIAL 0 FLO HAZARD AREA.BY REVIEWING FLOOD MAPS PROVIDED BY THE NATIONAL FLOOD INSURANCE PROGRAM WE HAVE LEARNED THIS COMMUNITY DOES PARTICIPATE IN THE PROGRAM. y^ - P.APT 01 l;(+l;.; _ ,a vowMe h�p-�! , P THE BASIS BEARING FOR THIS SURVEY IS PART THE NORTH R/W LINE f GLENVIEW DR, WHICH BEARS S 88'15'13 W PER TEX OF STATE PLANE m 5 COORDINATE SYSTEM,NORTH CENTRAL ZONE,NA083 10 r THE RINGFOLL EVIDENCE THE (WE MUST INSERT SR OR TO THE CITY F NORM RICHLAND I / L G OR PART PROPOSED LOT 1 R / F LOT 7A,BLOCK A,CALLOWAY FARM ADDITION OFFERING EVI HILLS,TARRANT I ,/ THIS EXCEPTION.): COUNTY,TEXAS,ACCORDING TO PLAT RECORDED IN M + ...... VOLUME 788-216,PAGE 32,DEED RECORDS OF UTILITY EASEMENT, FEET BY 10 FEET,LOCATED IN THE NORTHEASTERLY TARRANT COUNTY,TEXAS.BEING MORE PARTICULARLY CORNER OF THE PREMISES,AS SHOWN ON PLAT DESCRIBED BY METES AND BOUNDS AS FOLLOWS; RECORDED IN/UNDER VOLUME 388-216,PAGE 32,MAP/PLAT RECORDS, COMMENCING AT A FOUND 5/OF 8 REBAR ON THE TARRANT / (AFFECTS,CPLOTTED AND SHOWN) ALSO BE NGI HT OF CORN FF BOOTH WAY OF CALLBTLOCKROAD, f) -- TEXAS UTILITIES ELECTRIC UNDERGROUND EASEMENT,5 FEET IN WIDTH, ACCORDING TO THE ABOVE MENTIONED PLAT; THENCE, ALONG THE EAST PROPERTY LINE,AS RECORDED IN/UNDER VOLUME LEAVING SAID RIGHT F WAY,RUN S 89'10'35"W A 388-216,PAGE 32,MAP/PLAT RECORDS,TARRANT COUNTY,TEXAS. DISTANCE OF 102.74'TO THE POINT OF BEGINNING; (AFFECTS,PLOTTED AND SHOWN) THENCE RUN S 05'14'47"E A DISTANCE OF13.55; THENCE RUNS 29'7733"E A DISTANCE F 11.11' TEXAS UTILITIES UNDERGROUND ELECTRIC EASEMENT,10 FEET IN WIDTH, THENCE RUN S 39'04'20"E A DISTANCE F 30.29'; OVER AND ACROSS THE PREMISES,AS RECORDED IN/UNDER VOLUME THENCE RUN S 62'44'45"E A DISTANCE F 15.75'; 388-216,PAGE 32,MAP/PLAT RECORDS,TARRANT COUNTY,TEXAS. THENCE RUN S M 26'02"E A DISTANCE F 16.95'; < / (AFFECTS,PLOTTED AND SHOWN) THENCE RUN S 18'35'58"E A DISTANCE F 26.59; THENCE RUN S 01*13'05'E A DISTANCE F 75.11' �-SANITARY SEWER EASEMENT,10 FEET IN WDM,ALONG THE SOUTH THENCE RUN S 07'26 11"W A DISTANCE OF 28.96; PROPERTY LINE,AS RECORDED IN/UNDER VOLUME 388-216,PAGE 32, THENCE RUN S 00'33'06"E A DISTANCE F 52.65; MAP/PLAT RECORDS,TARRANT COUNTY,TEXAS. THENCE RUNS 20'5413"E A DISTANCE OF1051'; (AFFECTS,PLOTTED AND SHOWN) THENCE RUN S 00'07'08"W A DISTANCE OF 5377'; THENCE RUN S 32'18'29"E A DISTANCE OF826; �- LONE STAR GAS CO.EASEMENT,25 FEET IN WDTH,ALONG THE SOUTH THENCE RUN N 82'57'1 S"E A DISTANCE OF fi 26% -1 FL 11 PROPERTY LINE,AS RECORDED IN/UNDER VOLUME 388-216,PAGE 32, THENCE RUN N 70'07'38"E A DISTANCE F 727; NC,1 FE.11 MAP LAT RECORDS COUNTY,TEXAS.,T " THENCE RUNS 79'12'47"E A DISTANCE F 11.46'; '.'bL IF F (AFFECTS,PLOTTED AND SHOWN) THENCE RUN S 42'58'56"E A DISTANCE F 15.01'TO A I'll POINT ON SAID WESTERLY RIGHT F WAY; THENCE RUN DFF 112 111 0 4 EASEMENT,RIGHT F WAY AND/OR AGREEMENT BY AND BETWEEN M. ALONG SAID RIGHT F WAY S 00'10'48"E A DISTANCE DEECf E I / CALLOWAY AND LONE STAR GAS COMPANY,BY INSTRUMENT DATED I- CLU F L -» OF 31.98'i0 A FOUND CHISELED X; THENCE RUNS FEBRUARY 1.01918.FILED MAY 7,1918,RECORDED IN/UNDER VOLUME 549, wMFI T .�1,,:i02'f PAGE 18,AND AS AFFECTED BY INSTRUMENT RECORDED IN VOLUME 43'40'25"W A DISTANCE OF 30.30'TO A FOUND 4040,PAGE 31,REAL PROPERTY RECORDS,TARRANT CoUNTY,TEXAS,AND CHISELED X ON THE NORTHERLY RIGHT OF WAY OF AS SHOWN ON PLAT RECORDED IN/UNDER VOLUME 388-216,PAGE 32, GLENVIEW DRIVE; THENCE RUN ALONG SAID RIGHT F N WAY S 88'5032"W A DISTANCE F 96.62'TO A FOUND MAP/PLAT RECORDS,TARRANT COUNTY,TEXAS 1 2"REBAR; THENCE RUN S 88'15'13"W A DISTANCE (AFFECTS,PLOTTED AND SHOWN) F 27890'TO A FOUND CHISELED X THENCE,LEAVING SAID ' ..EASEMENT,RIGHT OF WAY AND/OR AGREEMENT BY AND BETWEEN MRS O.H. OF 38RIGHT 7 OF WAY,RUN N 00'40'08"W A DISTANCE 84'TO THE POINT OF BEGINNING THENCE RUN N 89'10'35"E A DISTANCE OF 299.19' CALLOWAY AND TARRANT COUNTY WATER SUPPLY CORP.BY INSTRUMENT DATED MARCH 20,1961 FILED MARCH 9 1962 RECORDED IN/UNDER VOLUME 3660 LA ,PAGE 495 REAL PROPERTY RECORDS,TARRANT COUNTY, CONTAINING AN AREA OF137,258 SQUARE FEET OR TEXAS AND AS SHOWN ON PLAT RECORDED IN/UNDER VOLUME 388-216, 3.151 ACRES MORE OR LESS. PAGE 32,MAP/PLAT RECORDS,TARRANT COUNTY,TEXAS. (AFFECTS,PLOTTED AND SHOWN) PROPOSED LOT 2-R EASEMENT,RIGHT F WAY AND AGREEMENT A BETWEEN FOUR e 4 SEASONS NURSING CENTERS OF MERICA,INC.AND TEXAS AS ELECTRIC SERVICE PART OF LOT 7A,BLOCK A,CALLOWAY FARM ADDITION C AOMPANY,BY INSTRUMENT DATED JULY 1,1969,FILED AUGUST 4,1969, TO THE CITY F NORTH RICHLAND HILLS,TARRANT RECORDED IN/UNDER VOLUME 4762,PAGE 205,REAL PROPERTY RECORDS, COUNTY,TEXAS,ACCORDING TO PLAT RECORDED IN j VOLUME 388-216,PAGE 32,DEED RECORDS OF TARRANT COUNTY,TEXAS,AND AS SHOW)ON PLAT RECORDED IN/UNDER - L VOLUME 388-216,PAGE 32,MAP/PLAT RECORDS,TARRANT COUNTY,TEXAS. TARRANT COUNTY,TEXAS.BEING MORE PARTICULARLY {, / i//// / DESCRIBED BY METES AND BOUNDS AS FOLLOWS; YpH, (AFFECTS,PLOTTED AND SHOWN) { / o-{ oP ALL CONDITIONS,MATTERS,EASEMENTS AND SETBACK LINES AS SET FORTH BEGINNING AT A FOUND 5/8"REBAR ON THE WESTERLY { U ON PLAT RECORDED IN PLAT VOLUME 388-216,PAGE 32. RIGHT OF WAY OF BOOTH CALLOWAY ROAD,ALSO BEING { (AFFECTS,PLOTTED AND SHOWN) THE NE CORNER OF LOT 7A,BLOCK A ACCORDING TO ' THE ABOVE MENTIONED PLAT; THENCE RUN ALONG SAID TERMS,CONDITIONS,PROVISIONS AND STIPULATIONS OFEASEMENT AND RIGHT OF WAY,S 00'27'12"W A DISTANCE OF 199.08'; �( AGREEMENT FOR UNDERGROUND UTIUTIES,BY AND BETWEEN FOUR SEASONS THENCE RUN 5 00'10'48"E A DISTANCE F 130.17; P .. Gi NURSING CENTERS,INC.AND TEXAS ELECTRIC SERVICE COMPANY,DATED THENCE,LEAVING SAID RIGHT OFWAY,RUN N 42'58'56" AUGUST 10,1988,FILED MAY 31.1989,RECORDED INLANDER VOLUME 9605, W A DISTANCE OF 15.01% THENCE RUN N 79'12'47"W A F:;u I:I c,ISEI PAGE 769,REAL PROPERTY RECORDS,TARRANT COUNTY,TEXAS. DISTANCE OF 11.46'; (AFFECTS,PLOTTED AND SHOWN) THENCE RUN S 70'07'38"W A DISTANCE OF 7.27; THENCE RUN S 8257'15'W A DISTANCE OF 626; X ®M -TERMS,CONDITIONS,PROVISIONS AND STIPULATIONS F CITY OWNER THENCE RUN N 32'18'29"W A DISTANCE F 8.2fi'; Fy AGREEMENT AND COVENANT,BY AND BETWEEN FOUR SEASONS NURSING THENCE RUN N 3218'28"E A DISTANCE F 8.26';; CENTERS,INC.AND CITY OF NORTH RICHLAND HILLS,DATED JULY 2,1982, THENCE RUN N 00'54'13"W A DISTANCE F 10.51'; FILED NOVEMBER 22,1982,RECORDED IN/UNDER VOLUME 7395,PAGE 588, THENCE RUN N 20'54,13'W A DISTANCE F 10.51%52.65'; REAL PROPERTY RECORDS,TARRANT COUNTY,TEXAS. THENCE RUN N 07'2fi'0"E A DISTANCE OF 28.96'; (AFFECTS,CONTAINS NO PLOTTABLE ITEMS) THENCE RUN N 01'13'05"W A DISTANCE F 75.11'; �-TERMS,CONDITIONS,PROVISIONS AND STIPULATIONS F EASEMENT AND THENCE RUN N 18'35'58"W A DISTANCE OF26.69'; RIGHT OF ENTRY AGREEMENT,BY AND BETWEEN MANOR CARE AND CHARTER THENCE RUN N 46'26'02"W A DISTANCE F 16.95'; COMMUNICATIONS,DATED JANUARY 10,2000,FILED APRIL 5,2001, THENCE RUN N 62'44'45"W A DISTANCE F 15.75'; RECORDED IN/UNDER VOLUME 14813,PAGE 9,REAL PROPERTY RECORDS, THENCE RUN N 39-04:20:W A DISTANCE OF30.29' ©� / (,k Iltll K1nU1 c )/,ft'Y BY/ MUGY/S 1.119'. TARRANT COUNTY,TEXAS. THENCE RUN N 29'3733 W A DISTANCE OF11.11', (AFFECTS,CONTAINS NO PLOTTABLE ITEMS) THENCE RUN N 05'14'47"W A DISTANCE F 13.55 THENCE RUN N 89'10'35"E A DISTANCE OF 102.74'TO BUILDING APPEARS TO EINCRO L,H ME C/I..Of K n ES TRICJ I EJ G IWEIIT THE POINT F BEGINNING. RECORDED IN VOLIWE 4M2,FACE 2C2,BY A MUCH AS/550 CONTAINING AN AREA F 15.929 SQUARE FEET OR APPF..ARS TO ENCROACII THE C/I..OF 10'F..I..ECTRICAL F..ASOWENT 0.366 ACRES MORE OR LESS. /''-RECORDED IN VOLUME 9605,PAGE.769 BY AS MUCH AS 53.22', MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE OCTOBER 1, 2020 CA ZC 2020-09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM 7625 GLENVIEW DRIVE TX LLC FOR A ZONING CHANGE FROM C-1 (COMMERCIAL) TO NR-PD (NONRESIDENTIAL PLANNED DEVELOPMENT) AT 7625 GLENVIEW DRIVE, BEING 3.517 ACRES DESCRIBED AS LOT 7, BLOCK A, CALLOWAY FARM ADDITION. APPROVED Chair Welborn stated since they are related items on the same property, items C.1 and D.1 would be presented together, but the Commission would take action on each one separately. Chair Welborn introduced the item, opened the public hearing, and called for Planning Director Clayton Comstock to introduce the request. Mr. Comstock introduced the request. Chair Welborn called for the applicant to present the request. Jo-Jo Curtis, 1205 Seay Court, Granbury, Texas 76048 presented the request. Chair Welborn and the applicant discussed the flood plain and how it relates to the plat. Chair Welborn called for Mr. Comstock to present the staff report. Mr. Comstock presented the staff report. Chair Welborn and Mr. Comstock discussed the floodway and flood plain. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chair Welborn closed the public hearing. October 01, 2020 Planning and Zoning Commission Meeting Minutes Page 1 of 2 A MOTION WAS MADE BY COMMISSIONER FARAM, SECONDED BY COMMISSIONER BOWEN TO APPROVE ZC 2020-09. MOTION TO APPROVE CARRIED 4-0. October 01, 2020 Planning and Zoning Commission Meeting Minutes Page 2 of 2 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 26, 2020 SUBJECT: RP 2020-10 Consideration of a request from 7625 Glenview Drive TX LLC for a replat of Lots 7R1 and 7R2, Block A, Calloway Farm Addition, being 3.517 acres located at 7625 Glenview Drive. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of 7625 Glenview Drive TX LLC, Jo-Jo Curtis is requesting approval of a replat of Lots 7R1 and 7R2, Block A, Calloway Farm Addition. This 3.517-acre property is located at 7625 Glenview Drive. GENERAL DESCRIPTION: The property is located at the northwest corner of Glenview Drive and Booth Calloway Road. The lot is developed as a nursing facility ( Ilcalr iica w............21]I„ir e s s.... in. d.....1:Ze a_N ). The property was originally platted in 1988. The applicant is requesting a zoning change to NR-PD (Nonresidential Planned Development) to accommodate the long-term refinancing for the property through the US Department of Housing and Urban Development (see ZC 2020-09). A portion of the site is located within the floodplain and floodway of Calloway Branch creek. The owner proposes to split the property into two lots so they can obtain a loan using the portion of the property that is not located in the floodway as mortgage collateral. A letter from the applicant is attached that explains the request in detail. The proposed lot split would create a lot (7R2) that does not provide sufficient area for building or other improvements, as the lot would be completely comprised of floodway and floodplain areas. In addition, much of the area on proposed Lot 7R2 comprises required landscaped areas, driveway access, parking areas, and signage for the nursing care facility lot. The proposed NR-PD zoning addresses these issues to ensure the lot split does not cause the existing property to fall out of compliance with these standards. In addition, the owner will provide shared parking and access across both parcels to ensure the property continues to meet all parking and zoning requirements. The plat does not alter or remove any recorded covenants or restrictions, if any, on the property. As required by Section 212.015(f) of the Texas Local Government Code, written notice of this replat will be mailed to each owner of the lots in the Calloway Farm Addition that are within 200 feet of the lots being replatted. The notice is required to be sent no later than 15 days after approval of the plat by City Council. "K NOKTH KICHLAND HILLS LAND USE PLAN: This area is designated on the Land Use Plan as Office Commercial. This designation encourages professional, medical, and administrative offices as well as limited commercial service establishments that benefit adjacent and nearby residential areas. CURRENT ZONING: The property is currently zoned C-1 Commercial. This district is intended to provide for development of retail service and office uses principally serving community and regional needs. A zoning change to NR-PD (Nonresidential Planned Development) is a related item on the October 26, 2020, agenda (see ZC 2020-09). TRANSPORTATION PLAN: The development has frontage on the following streets. Right-of-way dedication for Glenview Drive and Booth Calloway Road may be required for this plat depending on the width of the existing rights-of-way. Glenview Drive M41J Minor Arterial Suburban 4-lane undivided roadway Commercial 70-foot right-of-way width Booth Calloway Road C21J Major Collector Suburban 2-lane undivided roadway Neighborhood 60-foot right-of-way width SURROUNDING ZONING ( LAND USE: NORTH C-1 Commercial Office Commercial Vacant/Floodplain WEST C-1 Commercial Office Commercial Medical Office SOUTH City of Richland Hills City of Richland Hills Office Commercial EAST C-1 Commercial Low Density Residential Fuel Station(Valero) PLAT STATUS: The property is currently platted as Lot 7, Block A, Calloway Farm Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the October 1, 2020, meeting and voted 4-0 to approve the plat with the conditions outlined in the Development Review Committee comments. The applicant has revised the plat to address most of the conditions. DRC REVIEW & RECOMMENDATION: The Development Review Committee (DRC) recommends approval of the plat, subject to the conditions outlined in the attached DRC Review, which includes the dedication of an access easement on Lot 7R2. RECOMMENDATION: Approve RP 2020-10 subject to approval of the proposed zoning change (ZC 2020-09) and subject to the conditions outlined in the Development Review Committee comments. ROGAN 2e 2' f- a RANDLE ACCESS , t z Q z CONN w z Q w J III O O Q a o U � J x F Q N Ilm�ii�°�µlll°m ��liim�IllmIll��miiirmm;;,�� NBiiiIIIIII�, ,� _ Riiimumlllmllla and 11 liillll��u Prepared by Planning 8/26/2020 N DISCLAIMER:This product Is for Informational purposes and may not n have baen prepared for or be suitable for legal,engineering,or surveying Feet 0 7.72.5 225 450 675 900 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. o � "" III pll\ Y 1u0 doj4��,,/_.. Rat v, ' 71/ r r i r r�.�r/��,,'�a7j l ,y, / ,/ .,;� ,, �IiG/, % � � �r �, �r fl I✓�'9 v , ,, � ,�� Y I f d�'* um N�� ✓�� ": �� id 1 � of N ca' �lli1 I13 hi a, d Il�u uc Ihiillaniid Il1ullllS 9> d ,rr r r �i Prepared by Planning 8/26/2020 N DISCLAIMER:This product Is for Informational purposes and may not n have baen prepared for or be suitable for legal,engineering,or surveying Feet 0 7.72.5 225 450 675 900 purposes.it does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. S 1 E R J H I 1 'V G R 0 U P August 26,2020 North Richland Hills Planning Department RE; Zoning Change Request Ladies&+Gentlemen, The following request for a Zoning Change Re-Plat of the current single parcel to create a two (2) parcel propertythat is legally described underthe subdivision map act. This request is made in connection with the long-term FHA-insured refinance for the property located at 7625 Glenview Drive, Richland Hills, TX 76180 and owned by 7625 GLENVIEW DRIVE TX LLC("Owner"). The Owner is in the process of seeking a long-term permanent financing from Greystone Funding Company, LLC,that will be regulated bythe U.S.Department of Housing and Urban Development("HUD"). A portion of the property is located within a Floodway, according to the 24 COD of Federal Regulations(CFR) Part 55, HUD"s floodplain management regulation strictly prohibits mortgage insurance when any portion of the property is located in a Floodway. The Owner would like to create two (2) legally described parcels so that it can obtain the HUD loan using the portion of the property that is not in the flood way as the mortgaged collateral. The Owner will record binding agreements for shared parking and access across both parcels,to ensure the property continues to meet all parking and zoning requirements. If you have any questions, please don't hesitate to contact me by email or phone at or 714-469-1881. Your assistance in this matter is greatly appreciated. Regards, Jo-Jo Curtis Senior Real Estate Paralegal office (7I4) 242-3450 5316 EAST CHATyMAN AVENOE www.sternsheinlegalgroup.com ORANGE- CA 92869 AT AS NOTED MENT AS NOTED 1U N111111 I. �/ Ml NINOCEMENT IIIVII'P�GP A]j,I N 'I: :Al i (]i ll t, GINNING l// ]: A]A 1 AN} p I \ AH n ALCIILATED I)IrI� [[ �n \ I,1 1 \ IY � lylr HF -MAIN h \ 1 Ll EItf IS Or THE❑ IESNSCRHATEVl OR ~ nO I IIiI r OPITURING E4I❑E\CE OIIHITILALIr•R1. 19ACK ° Ip w _g SITE a m _E 1.L'ILIIY E1 E.fEVT 1 EE EY I.PEE'LC CIIED\N1HEN R1HE�11ERLY 3 - . liS { \VV ON A 1 R❑ N/N❑]I V NA-N CONN DR VE fi �i6,P1 VLIPIP41 RECORDS,TA\RR:1N1 1" l=1\6 '.0 ERTY LINE III I� 1PTEC1 RLOIl EDAIHD IFNEIIUl GLENVIEWDR Y DNE _CI.IIO '1t'/I IOIIPI 1". NT C ll TAINI\t T 1'] SS TII IllAnAlly k NE ® PORI'IOV CPIHE PREt9 ES SRELORDEDALNDERVC LLDIE 6816,PAICE3,2. 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Ki m SOIC 11 1 ]I IX 1 ]L11 III SHOIN 01 TOIS(Ali10JOI-IIIIII PAT 3� �I 3I ITE OIIEHIAISPL\I ARE RING HIS HCIR EY ISI H CA OORDIVITHAYLINt H<RR OFIV....0 TE RAT .HOI SIE IRI\L.,\R.REPHRRHD _p T AtorIOL \TLOI\'TS\\ ] NULCITFU_ I \ �13 k LIE H Rk I LRIHG S JO"2 1H,L�,IR1L fIN Tag'a'iz E c0 6C� V ]LI N'. A — 'I AAA �Io A [A'T 1 l G 3 "d' IIESITAI LNONAIIII libilIVIANI IIIIIING COVITNANIS ORl IN(IlON1,_E I] TIOPhIcIl' m � ] P' II]LO 'h ] S 11 HE h h N]\ 1 h�.\I�OVL1'I'IM.1 I \LIIERELAIDE . ` NNajsgO C AlIIOH OEIH CIIY LL\111 BOUNDARY USING VARIOUS OEILLILAIHD HICII\LLIL SOURCES 9 0'W D6.AT IS) 4852(M) 5.58�C 32 W 9H,E2 M yP�lN� 1.210EI FI.pA EILLE H�✓39 G2�_ IqRH hdC7CtTH KICHI.AND I31 A S W CRCS Ue PIi I+- ZiIninO( iof(hm C',Ity Pf N h f ] ill I^i[ 1 fi IY h" I3y of ,10 ot,crc Ac F lal o(lY s pat Uy Ill¢diy(bunclL RDPL1IT 11 PIIT... ,c I gS,111111IIAIIUII CALLOWAY FARM ADDITION _________ _________ _________ _______.. T.orS 7R1 and 7R2,Block A,C llov y Fann Addiuoo,BFTN G a 1evIsloo of (Ml (u.T. 1N 7'4930 E4721j ^ '.'v'I p. rz Ic i IS -1A( II Farr,AIInL Ili t I ( y fNonIT 14'D6(M) N a�'zz'sa°I iac se',e.7z' Ri it d Hill T r1 c C rV T cc edm- d,I1 rd,d m ------------ �M)16 2 (ILTS_)N8950 E'JO OT(IVI) \� .11LI, LAS CIA CIII G1111111 If IT,LIN It N r u,<IIIIs, V cilumc%8 1(I Ac 1 L 1 t Id,T,C �( uI Tt PS r. Itl u Sepc.tuber 15,?020 lA o r KIl, (No,f>a-h,Hl I INS`" NaNI ' a Ir,\rs�,: v ......... ......... ......... E Zr OOT HS'il1'I'FLI I ,1111"N"AlI'.\HNIn DATE. pag,Iofl Development Review Committee Comments 1 10/21/2020 NRHReplat Case RP 2020-10 Calloway Farm Addition WRITTEN STATEMENT OF CONDITIONS The City of North Richland Hills received this plat on October 2, 2020. The Development Review Committee reviewed this plat on October 21, 2020.The following represents the written statement of the conditions for conditional approval of the plat. 1. Incorporate the existing improved drive aisle and driveway connection to Booth Calloway Road across Lot 7R2 In a common access easement. NRH Subdivision Regulations§110-412(19)(Generally—Common access easements.) Page 1 of 1 1 RP 2020-10 MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE OCTOBER 1, 2020 D.1 RP 2020-10 CONSIDERATION OF A REQUEST FROM 7625 GLENVIEW DRIVE TX LLC FOR A REPLAT OF LOTS 7R1 AND 7R2, BLOCK A, CALLOWAY FARM ADDITION, BEING 3.517 ACRES LOCATED AT 7625 GLENVIEW DRIVE. APPROVED WITH CONDITIONS Item D.1 was presented in conjunction with item C.1. A MOTION WAS MADE BY COMMISSIONER BOWEN, SECONDED BY COMMISSIONER DEUPREE TO APPROVE RP 2020-10 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 4-0. October 01, 2020 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 26, 2020 SUBJECT: Consider Ordinance No. 3670, revising the permanent speed limit along Davis Boulevard (FM 1938) from Smithfield Road to 900 feet north of Odell Street. PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: The City Council is being asked to approve an ordinance reducing the posted speed limit from 50mph to 45mph along Davis Boulevard for 1.32 miles from Smithfield Road to a point 900 feet north of Odell Street. GENERAL DESCRIPTION: City staff initiated a speed study on Davis Boulevard last year in response to motorist safety concerns along the corridor. Data collection began in 2019, with final speed data collected in January 2020 prior to any traffic impacts created by the Covid-19 pandemic. The study recommendation to reduce a portion of the current 50mph zone has been reviewed by leadership in the Police Department and they concur with the findings. The study was finalized in June of 2020 and submitted to TxDOT for review and approval. State law authorizes the City Council to alter speed limits for public streets and highways within its boundaries to create reasonable and safe driving conditions. The study cites two main reasons for justifying the reduction of the speed limit: (1) higher access connection density between Smithfield Road and Odell Street resulting in more traffic friction and higher risk of conflict caused by vehicles entering/exiting the roadway; and (2) crash frequency is higher than the statewide crash average for similar roadways. Davis Boulevard south of Smithfield Road will continue at 40mph, and at 50mph from the northern limit of the proposed new 45mph speed zone. RECOMMENDATION: Approve Ordinance No. 3670. ORDINANCE NO. 3670 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING SECTION 54-102(b) OF THE NORTH RICHLAND HILLS CODE OR ORDINANCES; ALTERING THE PRIMA FACIA SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE RPROVISIONS OF THE TRANSPORATION CODE, CHAPTER 545, SECTION 545.356, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION ON DAVIS BOULEVARD (FM 1938) WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Pursuant to Chapter 545 of the Texas Transportation Code, the City Council has the authority to regulate speed limits within its boundaries to create reasonable and safe driving conditions; and WHEREAS, After a speed study and investigation, the City's Engineer is recommending changes to the City's ordinance establishing that posted speed limits be changed as herein established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: The City Council hereby finds the recitals above to be true and correct, and such recitals are hereby incorporated into this Ordinance as if written herein. SECTION 2: That Section 54-102(b) of the North Richland Hills Code of Ordinances be amended by amending the speed limits established for Davis Boulevard (FM 1938) by deleting from the table inset all speed limits for Davis Boulevard and FM 1938 and replacing such table inset for Davis Boulevard with the following: Ordinance No. 3670 Page 1 of 3 "TABLE INSET: STREET HIGHWAY SPEED LIMIT (miles per hour) 18. Davis Boulevard: a. Control 1978-01, Davis Boulevard, FM Road 1938, North Richland Hills/Keller City Limit to 900 feet north of Odell Street as described by TxDOT Mile Point(MP) 50 21.712 south 2.910 miles to MP 24.622, excluding school zone times: b. Control 1978-01, Davis Boulevard, FM Road 1938, 900 feet north of Odell Street to Smithfield Road as described by TxDOT Mile Point (MP) 24.622 south 45 1.320 miles to MP 25.942, excluding school zone times: 19. Control 1978-01, Davis Boulevard, FM Road 1938, Smithfield Road to State Highway 26 (Boulevard 26) as described by 40 TxDOT Mile Point (MP) 25.942 south 1.572 miles to MP 27.514: SECTION 3: Any person intentionally, knowingly, recklessly, or with criminal negligence violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed two hundred dollars ($200.00). SECTION 4: This Ordinance shall be cumulative of all provisions of the Code of Ordinances of the City of North Richland Hills, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances in the Code of Ordinances of the City of North Richland Hills that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Ordinance No. 3670 Page 2 of 3 SECTION 6: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7: This Ordinance shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 26t" day of October, 2020. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Caroline Waggoner, Director of Public Works Ordinance No. 3670 Page 3 of 3 k4ltHP LuIIDIIIiC Wc°birll<s/ E in guun a.^eirliun TO: Maleshia McGinnis, City Attorney FROM: Caroline Waggoner, P.E., City Engineer SUBJECT: Davis Boulevard (FM 1938) Speed Limit DATE: October 9, 2020 Davis Boulevard is officially known as FM 1938, a farm-to-market road and part of TxDOT's jurisdictional roadway network. It is a primary north-south arterial roadway within the City of North Richland Hills, beginning in the south at Boulevard 26 and then continuing north through the cities of Keller and Southlake before terminating at Highway 114. The existing roadway within North Richland Hills is a six-lane undivided arterial. The 5.8 mile stretch through NRH is currently posted at 40mph from Boulevard 26 to Smithfield Road, at which point it transitions to 50mph. The City requisitioned a speed study from Lee Engineering to analyze existing traffic volumes, connection density, speeds, and crash data. Based on the study findings, a speed reduction is proposed from the intersection with Smithfield Road north to approximately 900-feet north of Odell Street. The speed reduction is proposed to improve motorist safety. ARIZONA TEXAS NEW MEXICO OKLAHOMA 7 incc f mna June 23, 2020 Mr. Boe Blankenship Operations Manager—Public Works Department City of North Richland Hills 7200-A Dick Fisher Drive South North Richland Hills,TX 76180 RE: Davis Boulevard(FM 1938)Speed Zoning Study Dear Mr. Blankenship: Lee Engineering has completed our analysis of vehicular speeds along Davis Boulevard (FM 1938) between Starnes Road/Rumfield Road and Smithfield Road/Bridge Street. This study is based on vehicular volume and speed data collected on January 30, 2020 and crash data from January 2017 through December 2019. A map of the study area is provided in Figure 1. This letter report presents the results of our study. EXISTING CONDITIONS Within the study area, Davis Boulevard (FM 1938) is a seven-lane road (six lanes and a continuous center two-way left turn lane) and serves as a major north-south route through the City of North Richland Hills. Davis Boulevard (FM 1938) is designated as a six-lane divided Principal Arterial roadway(P6D-200' ROW) on the City of North Richland Hills Thoroughfare Plan. TxDOT's online Statewide Planning Map identifies Davis Boulevard (FM 1938) as a "Principal Arterial—Other" roadway. The existing posted speed limit along Davis Boulevard (FM 1938) is 50 miles per hour north of Smithfield Road/Bridge Street. South of Smithfield Road/Bridge Street,the existing posted speed limit is 40 miles per hour. EXISTING TRAFFIC VOLUMES Lee Engineering collected automated traffic volume data using pneumatic tubes on Thursday, January 30, 2020 at two(2)locations on Davis Boulevard(FM 1938)within the study section. The northern data collection location was south of Turner Drive, while the southern data collection location was south of Northeast Parkway. Based on these results, the northern section (south of Turner Drive) had bi-directional daily traffic volumes of 24,391 vehicles. At the southern location (south of Northeast Parkway), 24,943 vehicles were counted for the day. Information from TxDOT's online Statewide Planning Map indicated 2018 daily traffic volumes of 31,355 on Davis Boulevard(FM 1938)at a location between Main Street and Mid Cities Boulevard. 3030 LBJ Freeway,Suite 1660, Dallas,TX 75234 (972)248-3006 office (972)248-3855 fax I www.leeengineering.com Page 1 of 9 I � � uuuuu r o I r r" �o r u � i s �f i Q y !r f r � � 1 gig 1:10 3030 LBJ FREEWAY SUITE 1'60 972-483006 FAX9 Study Area and Existing Speed Limits Figure 1 972-248-3006 FAX 972-248-3855 TBPE FIRM F-450 gee enonEERinc ACCESS CONNECTION DENSITY Based on field observations and online mapping resources,the number of access connections (public streets and private driveways) were identified for the study section of Davis Boulevard (FM 1938). Table 1 shows the access connection density within the approximately 1.9 miles of the study area section on Davis Boulevard (FM 1938). Table 1: Davis Boulevard(FM 1938)Access Connection Density Access Point On Davis Boulevard Public Driveways Density (Study Length=approximately 1.9 Miles) Roadway W Side E Side Per Mile Starnes Road/Rumfield Road 1 Between Starnes Road/Rumfield Road and Oak Court 2 2 Oak Court 1 Between Oak Court and Juniper Drive 0 0 Juniper Drive 1 Between Juniper Drive and Elm Court 0 0 Elm Court 1 Between Elm Court and Hightower Drive 2 1 22.8 Hightower Drive 1 Between Hightower Drive and Turner Drive 11 0 Turner Drive 1 Between Turner Drive and Cross Drive 0 31 Cross Drive 1 Between Cross Drive and Odell Street 1 0 Odell Street 1 Between Odell Street and Northeast Parkway 0 2 (1+ 11) Northeast Parkway 1 Between Northeast Parkway and Main Street 51,2 9 Main Street 1 Between Main Street and Cardinal Lane 33 73(6+ 11) Cardinal Lane 1 37.1 Between Cardinal Lane and Mid Cities Boulevard 11 1 Mid Cities Boulevard 1 Between Mid Cities Boulevard and Newman Drive 1 1 Newman Drive 1 Between Newman Drive and Smithfield Road/Bridge Street 0 1 Smithfield Road/Bridge Street 1 Tota 1 14 16 27 - Density per mile 30.0 1 Curb cuts to undeveloped property z Does not include future western leg at Northeast Parkway intersection 3 TEXRail crossing+Cotton Belt Trail crossing not included in access connection numbers The data presented in Table 1 indicates that in the 1.9-mile study area,there are a total of 14 public roadway intersections and 43 driveway intersections. Additionally, between Main Street and Cardinal Lane, there is both a railroad crossing that serves the new TEXRail commuter rail line and a trail crossing (south of the railroad) for the existing Cotton Belt Trail. LEE ri t i aFti c Page 3 of 9 The data also indicates that the southern section of the study area (Odell Street to the south) which is a mixture of commercial, industrial and residential developments, (approximately 1.0 mile in length) has a higher access connection density(37.1 access points/mile)than the mostly residential section north of Odell Street(22.8 access points/mile),which has a section length of approximately 0.9 mile. For the section south of Odell Street,a large concentration of vehicular access connections occurs between Northeast Parkway and Cardinal Lane, in addition to the TEXRail crossing and Cotton Belt Trail crossing between Main Street and Cardinal Lane. An existing 35 mph school speed zone also exists for approximately 1,375 feet near Main Street(625 feet north of Main Street to 750 feet south of Main Street). 24-HOUR AUTOMATED SPEED DATA Lee Engineering collected automated speed data using pneumatic tubes on Thursday, January 30, 2020 at the two (2) locations on Davis Boulevard (FM 1938) within the study section where traffic volume data was collected. The northern location (south of Turner Drive) is located approximately % mile south of the signalized intersection of Starnes Road/Rumfield Road. The southern location (south of Northeast Parkway) is located approximately % mile south of the northern location and approximately 0.2 mile north of the signalized Main Street intersection. Speed data was gathered over a 24-hour period and then filtered to eliminate vehicles traveling less than four (4) seconds apart in order to better represent free-flowing vehicles, in addition to eliminating heavy vehicles and buses. The resulting 851h percentile speed data for the two (2) locations on Davis Boulevard are presented graphically in Figure 2 and Figure 3. Figure 4 shows the approximate location of where the speed data was collected and summarizes the resulting 851h percentile speeds. The 35 mph school zone on Davis Boulevard north and south of Main Street operates between 8:00 AM and 9:00 AM and between 3:30 PM and 4:15 PM. In addition to the time the school zones were operational,the 15 minutes of speed data before and after the school zone times were also removed to eliminate any possible impacts of the school speed zone. Since an entire hour's worth of data between 8:00 AM and 9:00 AM was filtered, there are gaps in these figures for that time period. The four-second headway filtered automated speed data is summarized in Table 2. Table 2:24-Hour Automated Speed Data Summary Total 15th 50th 85th 10 MPH Direction Location Vehicles' Percentile Percentile Percentile Pace NB South of 31560 45 50 55 46—55 SB Turner Drive 3,855 44 50 55 46—55 N B South of 3,343 35 46 52 46—55 SB Northeast Parkway 4,268 40 47 53 46—55 'Trucks and buses were filtered The speed data illustrates that motorists along this roadway are traveling faster than the posted speed limit, with the 851h percentile speed between 52 and 55 mph at the locations speed data was collected. The results also indicate that the 851h percentile speeds at the southern location were approximately 2-3 mph lower than the northern location. Additionally,the "10 mph pace" for both locations were the same in the northbound and southbound direction. LEE ri t i aFti c Page 4 of 9 Figure 2: Filtered 85 Ih Percentile Speed Data (Northern Location-South of Turner Drive) 70 60 50 40 E raz 2 30 (A 20 1.0 0 n n n n n n n n n n n n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 I cN m r i..n u.) i,, co a) o , % cNI ,i cN m r i..n u.) ', 66 a) ol f me of Day —85th ,)ercentile sl,.)eed N13 -.)ercentile sl,,.)eed S13 Figure 3: Filtered 85 Ih Percentile Speed Data (Southern Location-South of Northeast Parkway) 60 5 50 40 E 30 raz raz 20 1.0 0 n n n n n n n n n n n n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 I cN m r i..n u.) i,, co a) o cN i cN m r i..n u.) i, 66 a) o f me of Day —85th .)ercentile sl,.)eed N13 —11111111111111111111j85th ,)ercentile sl-.)eed S13 LEE Page 5 of 9 rill cin aFti n e �w r G l 1 I F� 1 r 1 ! `v a a r v 4 y� f ' P J I � e„ m 3030 LBJ FREEWAY SUITE 1660 972-48F3006 TEXAS Study Locations and Observed 85th Percentile Speed Figure 4 972-248-3906 FAX 972-248-3855 TBPE FIRM F-450 gee encmminc CRASH DATA Historical crash data for the study section of Davis Boulevard (Starnes Road/Rumfield Road to Smithfield Road/Bridge Street)was obtained from the City of North Richland Hills Police Department from January 2017 through December 2019. A total of 87 crashes occurred on this section of Davis Boulevard (FM 1938) in the 3-year period, with more than 75% of these crashes occurring in the southern section of the corridor, between Odell Street and Smithfield Road/Bridge Street. Using traffic volume count data collected as part of this study, the crash rate for Davis Boulevard (FM 1938) for the entire section and by the northern and southern sections were calculated and are summarized in Table 3. Table 3:Crash Data Summary Segment Segment 24-Hour 3 Year Crashes Crash Rate 1 Length Volume (1/2017—12/2019) Between Starnes Road/Rumfield Road 1.9 miles 24,6672 87 169.53 and Smithfield Road/Bridge Street Between Starnes Road/Rumfield Road 0.9 mile 24,391 19 79.04 and Odell Street Between Odell Street 1.0 mile 24,943 68 248.97 and Smithfield Road/Bridge Street 'Crashes per hundred million vehicle miles 2Average of two count locations The only fatality crash in the study area in this 3-year period occurred in the northern section of the study area (north of Cross Street) in 2019 was a result of a head-on collision. The 2018 statewide average crash rate(by Highway system)for urban Farm-to-Market(FM)roads was 225.28 crashes per 100 million vehicle miles. The 2018 statewide average crash rate (by Roadway Type)for four or more lanes in an urban area on a divided roadway was 158.28 crashes per 100 million vehicle miles,with the statewide average crash rate of 283.09 crashes per 100 million vehicle miles for four or more lanes in an urban area on an undivided roadway. A summary of these crash rates is provided as an attachment to this letter. Comparisons of the crash rate for these sections of Davis Boulevard (FM 1938)to the 2018 statewide average crash rates is summarized in Table 4. Highlighted cells indicate conditions where the crash rate for a segment is higher than the statewide crash rate. Table 4: Comparison to Statewide Crash Data Crash Rate 1 Comparison to Statewide Crash Rates Texas Texas(4+Lanes) Segment FM 4+Lanes FM(Urban) Divided Undivided (Urban) Divided Undivided Between Starnes Rd/Rumfield Rd 169.53 0.75 1.07 0.60 and Smithfield Rd/Bridge St 225.28 158.28 283.09 Between Starnes Rd/Rumfield Rd 79.04 0.35 0.50 0.28 and Odell Street Between Odell Street 248.97 1.11 1.57 0.88 and Smithfield Rd/Bridge St 'Crashes per hundred million vehicle miles LEE ri t i aFti c Page 7 of 9 Without a raised median dividing the opposing flows of traffic on Davis Boulevard (FM 1938), but with a center two-way left turn lane provided, the crash rate on Davis Boulevard (FM 1938) was compared to both undivided and divided roadways,since the center two-way left turn lane serves as a buffer between opposing flows of traffic. Based on this data, the southern section of Davis Boulevard (FM 1938) experienced higher crash rates when compared to roadways with similar characteristics in Texas for the Highway System type (Farm-to-Market) and Road Type (4 or more lanes, divided). RECOMMENDATIONS TxDOT's Procedures for Establishing Speed Zones indicates that the "final speed limit may be lowered or raised by as much as 5 miles per hour from the 851h percentile speed." Additional reductions of greater than 5 mph (potentially up to 12 mph) are allowed for sections where the crash rate is greater than the statewide average crash rate for similar type of roadways, sections with light traffic volumes, narrow roadway pavement widths, possible limited sight distance caused by horizontal and vertical curves or hidden driveways and other developments, high driveway density, lack of striped, improved shoulders and located in rural residential or developed areas. This study indicates that the 85th percentile speed of between 52 and 55 mph for motorists traveling on this section of Davis Boulevard (FM 1938). The current posted speed limit (50 mph) is within 5 mph of the 85th percentile speeds at the locations measured in this study. The additional data obtained as part of this study was used in consideration of potential modifications to the posted speed limit. The crash rate for the entire 1.9-mile study section of Davis Boulevard (FM 1938) is approximately 1.07 times greater than that of divided roadways with 4 or more lanes in Texas. The crash rate for the southern section of Davis Boulevard (FM 1938), between Odell Street and Smithfield Road/Bridge Street, is 1.11 to 1.57 times greater than that of similar types of roadways in Texas. As a seven-lane roadway section with a center two-way left turn lane separating the northbound and southbound flows of traffic, Davis Boulevard (FM 1938) was compared to both average statewide crash rates for divided and undivided roadways. Since the crash rate for the southern section of this study area is higher than the statewide average crash rate for similar roadways, the posted speed limit could be further reduced from the 85th percentile speeds measured in the field. While TxDOT's Procedures for Establishing Speed Zones manual indicates that high driveway density could result in further reduction in the posted speed limit of a roadway,the definition of what constitutes"high" is not specifically indicated. Assuming connections meeting TxDOT's minimum access connection spacing of 425 feet for a 1.9-mile roadway section with a posted speed limit of 50 mph or greater, this results in an average access connection density of approximately 12.4 connections/mile on each side of a roadway, or 24.8 connections/mile for both sides of a roadway. As a result,the average connection spacing density for a 50 mph roadway was assumed to be 24.8 connections/mile in this study. The access connection density for the entire 1.9-mile study section of Davis Boulevard (FM 1938) was calculated to be 30 access connections per mile, which is slightly above the average connection spacing identified above. However, the section of Davis Boulevard (FM 1938) from Odell Street to the south has a significantly higher density of access connections (37.1 connections/mile) than the section north of Odell Street (22.8 connections/mile). The southern section is also considerably higher than the average access connection density identified above for a 50 mph roadway (24.8 connections/mile). In addition to the higher density, the approximate 1.0-mile section south of Odell Street also includes the new TEXRail crossing, which increases the frequency of trains crossing Davis Boulevard (FM 1938), a mid-block Cotton Belt Trail crossing, and three (3) signalized intersections within a %mile section of roadway. The number of access connection and traffic signals within LEE ri t i aFti c Page 8 of 9 this section will also increase with the future construction of a fourth (western) leg and potential installation of a traffic signal at the Northeast Parkway intersection. Based on the data collected and results of this study, it is recommended that the posted speed limit within the northern section of this study(north of Odell Street) remain at 50 mph. For the section of Davis Boulevard (FM 1938) between a point north of Odell Street and Smithfield Road/Bridge Street, it is recommended that the posted speed limit be reduced to 45 mph, primarily as result of the crash rate and access density within this section. The break point of the 45/50 mph speed zone is recommended to occur north of Odell Street as motorists approach/depart the southern roadway section with the higher intensity of access connections. This 45 mph section will also serve as a transition between the existing 40 mph speed limit south of Smithfield Road/Bridge Street and the 50 mph section north of Odell Street. We appreciated the opportunity to provide these engineering services for you. If you have any questions about this letter, please feel free to contact me at your convenience at(972)456-9033. Sincerely, Digitally signed OF J �� by Kelly D. Parma, P.E., KER LY C PA A 0 PTO E 8 0 fw Kelly D. Parma, P.E., PTOEQ �r.� m Date: Senior Project Manager kip Fee Engineering �� l� 2020-06-23 09: TBPE Firm F-450 29:07 Attachments LEE C cinEC i s Page 9 of 9 DAVIS BLVD S OF TURNER DR-CLASS NORTHBOUND Start Date:1/30/2020 Start Time:12:00:00 AM Site Code:957 Cars& 2 Axle 2 Axle 6 3 Axle 4 Axle <5 Axl 5 Axle >6 Axl <6 Axl 6 Axle >6 Axl Not Date Time Bikes Trailers Long Buses Tire Single Single Double Double Double Multi Multi Multi Classed TOTAL 1/30/2020 12:00 AM 0 9 2 0 2 1 0 0 0 0 0 0 0 0 14 1/30/2020 12 15 AM 0 11 1 0 3 0 0 0 0 0 0 0 0 0 15 1/30/2020 12 30 AM 0 9 2 1 1 0 0 1 0 0 0 0 0 0 14 1/30/2020 12 45 AM 1 3 1 0 0 0 0 0 0 0 0 0 0 0 5 1/30/2020 01:00 AM 0 7 2 0 1 0 0 0 0 0 0 0 0 0 10 1/30/2020 01:15 AM 0 3 1 0 1 0 0 0 0 0 0 0 0 0 5 1/30/2020 01:30 AM 0 3 2 0 0 0 0 0 0 0 0 0 0 0 5 1/30/2020 01:45 AM 0 2 1 0 0 0 0 0 0 0 0 0 0 0 3 1/30/2020 02:00 AM 0 4 2 0 0 0 0 0 0 0 0 0 0 0 6 1/30/2020 02:15 AM 0 6 0 0 0 0 0 0 1 0 0 0 0 0 7 1/30/2020 02:30 AM 0 4 3 0 0 0 0 0 0 0 0 0 0 0 7 1/30/2020 02:45 AM 0 3 1 0 0 0 0 0 0 0 0 0 0 0 4 1/30/2020 03:00 AM 0 8 1 0 1 0 0 0 0 0 0 0 0 0 10 1/30/2020 03:15 AM 0 2 1 1 0 1 0 0 0 0 0 0 0 0 5 1/30/2020 03:30 AM 0 1 1 0 0 0 0 0 0 0 0 0 0 0 2 1/30/2020 03:45 AM 0 7 1 0 2 0 0 0 0 0 0 0 0 0 10 1/30/2020 04:00 AM 0 3 1 0 0 0 0 0 0 0 0 0 0 0 4 1/30/2020 04:15 AM 0 8 0 0 1 0 0 0 0 0 0 0 0 0 9 1/30/2020 04:30 AM 0 21 1 0 2 0 0 0 0 0 0 0 0 0 24 1/30/2020 04:45 AM 0 18 7 0 1 0 0 0 0 0 0 0 0 0 26 1/30/2020 05:00 AM 0 16 5 0 1 0 0 0 0 0 0 0 0 0 22 1/30/2020 05:15 AM 0 21 10 0 8 0 0 0 0 0 0 0 0 0 39 1/30/2020 05:30 AM 0 45 12 0 9 0 0 1 0 0 0 0 0 0 67 1/30/2020 05:45 AM 0 67 15 2 3 1 0 0 0 0 0 0 0 0 88 1/30/2020 06:00 AM 0 61 21 0 5 0 0 2 0 0 0 0 0 0 89 1/30/2020 06:15 AM 1 86 27 0 17 0 0 4 0 3 0 0 0 0 138 1/30/2020 06:30 AM 3 104 33 4 20 3 0 11 0 4 0 0 0 0 182 1/30/2020 06:45 AM 6 116 38 1 19 1 0 13 0 3 0 0 0 1 198 1/30/2020 07:00 AM 2 120 34 0 16 3 1 11 0 2 3 2 1 0 195 1/30/2020 07:15 AM 5 163 53 0 23 2 0 14 2 3 0 0 0 1 266 1/30/2020 07:30 AM 6 151 45 1 11 1 0 4 1 4 0 0 0 2 226 1/30/2020 07:45 AM 0 172 50 0 17 3 1 8 2 0 2 0 2 1 258 1/30/2020 08:00 AM 3 114 44 0 21 0 2 8 0 2 1 0 0 0 195 1/30/2020 08:15 AM 7 171 65 2 25 1 2 18 2 2 2 0 0 4 301 1/30/2020 08:30 AM 3 98 45 0 16 1 1 10 0 1 2 1 0 0 178 1/30/2020 08:45 AM 0 133 51 4 22 2 0 14 1 1 0 1 0 1 230 1/30/2020 09:00 AM 1 105 40 0 16 0 0 6 2 5 0 1 0 2 178 1/30/2020 09:15 AM 1 114 33 0 21 0 0 8 0 1 0 0 1 0 179 1/30/2020 09:30 AM 2 112 36 1 14 1 0 7 1 2 0 0 0 0 176 1/30/2020 09:45 AM 0 71 34 0 19 0 1 7 0 0 0 0 0 0 132 1/30/2020 10:00 AM 1 96 27 2 22 0 0 6 2 1 1 0 1 1 160 1/30/2020 10:15 AM 1 80 34 1 20 1 1 9 1 0 1 0 1 0 150 1/30/2020 10 30 AM 0 76 20 0 7 4 1 6 1 1 1 1 0 0 118 1/30/2020 10 45 AM 0 83 33 0 10 0 0 3 0 2 0 0 0 0 131 1/30/2020 11:OOAM 1 88 23 0 13 1 0 7 1 2 0 1 0 0 137 1/30/2020 11 15 AM 0 85 22 0 12 1 0 4 0 2 0 1 0 0 127 1/30/2020 11 30 AM 1 93 29 0 23 1 1 5 1 0 0 0 0 1 155 1/30/2020 11 45 AM 2 98 30 2 17 1 2 7 1 2 4 1 0 0 167 1/30/2020 12:00 PM 3 82 28 0 11 0 0 6 1 1 1 0 0 0 133 1/30/2020 12 15 PM 1 101 36 0 14 2 1 12 0 2 0 0 0 1 170 1/30/2020 12:30 PM 2 115 39 2 16 0 0 7 2 0 0 0 0 1 184 1/30/2020 12 45 PM 0 100 27 0 15 0 0 4 3 3 1 0 0 0 153 1/30/2020 01:00 PM 2 79 19 1 7 1 2 3 1 0 0 2 1 0 118 1/30/2020 01:15 PM 1 102 31 1 8 0 0 9 1 1 0 0 1 0 155 1/30/2020 01:30 PM 0 109 26 0 8 3 1 10 0 0 0 0 1 1 159 1/30/2020 01:45 PM 1 111 27 0 9 0 1 7 1 0 1 1 1 1 161 1/30/2020 02:00 PM 1 109 31 0 15 1 0 6 0 1 1 0 0 1 166 1/30/2020 02:15 PM 3 93 38 0 11 0 0 8 2 2 0 0 0 0 157 1/30/2020 02:30 PM 1 97 36 2 17 1 0 3 0 0 0 0 0 1 158 1/30/2020 02:45 PM 2 155 42 5 23 1 1 7 1 1 0 0 0 0 238 1/30/2020 03:00 PM 2 149 40 0 20 0 0 9 1 1 0 0 0 0 222 1/30/2020 03:15 PM 2 141 39 0 10 0 0 6 1 1 0 0 0 3 203 1/30/2020 03:30 PM 4 151 54 1 16 0 0 8 0 1 2 0 0 3 240 1/30/2020 03:45 PM 4 135 52 0 15 0 0 12 0 2 1 1 0 1 223 1/30/2020 04:00 PM 3 159 41 0 22 2 0 12 1 1 2 0 1 3 247 1/30/2020 04:15 PM 6 145 48 4 32 2 0 14 2 4 0 1 1 2 261 1/30/2020 04:30 PM 1 139 35 1 23 0 0 4 1 2 1 0 0 2 209 1/30/2020 04:45 PM 5 168 42 0 14 2 3 10 2 2 1 1 1 2 253 1/30/2020 05:00 PM 2 159 50 0 27 1 1 8 2 0 0 0 0 1 251 1/30/2020 05:15 PM 5 205 53 0 18 3 1 14 0 4 2 0 0 1 306 1/30/2020 05:30 PM 0 134 44 0 13 0 0 12 0 2 0 0 1 0 206 1/30/2020 05:45 PM 3 155 33 2 16 0 1 11 0 1 3 0 1 0 226 1/30/2020 06:00 PM 4 150 35 0 12 1 0 7 3 0 1 0 0 4 217 1/30/2020 06:15 PM 4 165 48 0 27 1 0 17 0 1 1 0 1 5 270 1/30/2020 06:30 PM 3 149 39 0 14 1 1 9 3 1 1 0 0 3 224 1/30/2020 06:45 PM 2 114 28 0 19 0 0 4 0 1 0 0 0 1 1 169 1/30/2020 07:00 PM 0 115 32 0 11 0 0 3 0 1 0 0 0 0 162 1/30/2020 07:15 PM 1 132 28 3 15 1 1 3 0 1 2 0 1 0 188 1/30/2020 07:30 PM 1 92 38 0 14 0 0 4 0 2 1 0 0 1 153 1/30/2020 07:45 PM 0 103 27 0 13 0 0 3 0 1 0 0 0 0 147 1/30/2020 08:00 PM 0 76 21 0 4 0 0 5 0 0 0 0 0 0 106 1/30/2020 08:15 PM 0 51 10 2 11 0 0 1 0 0 0 0 0 0 75 1/30/2020 08:30 PM 0 74 22 0 9 0 0 0 0 0 0 0 0 0 105 1/30/2020 08:45 PM 0 61 17 1 0 1 9 0 1 0 2 1 0 1 1 0 0 0 2 92 1/30/2020 09:00 PM 1 47 11 0 8 0 0 2 0 0 0 0 0 0 69 1/30/2020 09:15 PM 1 59 9 0 9 0 0 0 0 0 0 0 0 0 78 1/30/2020 09:30 PM 1 66 12 0 13 0 0 2 2 0 1 0 0 0 97 1/30/2020 09:45 PM 0 52 17 0 3 2 0 0 0 0 0 0 0 0 74 1/30/2020 10:00 PM 0 42 7 0 3 0 0 0 0 2 0 0 0 0 54 1/30/2020 10 15 PM 0 27 12 0 4 0 0 1 0 0 0 0 0 0 44 1/30/2020 10 30 PM 0 23 13 0 4 0 0 0 0 0 0 0 0 0 40 1/30/2020 10 45 PM 1 30 10 0 5 0 0 0 0 0 0 0 0 0 46 1/30/2020 11:00 PM 0 26 8 1 5 0 0 1 0 0 0 0 0 0 41 1/30/2020 11 15 PM 0 19 3 0 4 0 0 1 0 0 0 0 0 0 27 1/30/2020 11 30 PM 0 7 4 0 0 0 0 0 0 0 0 0 0 0 11 1/30/2020 11:45 PM 0 11 3 0 0 0 0 0 0 0 0 0 0 0 14 TOTAL 120 7,655 2,305 47 1,038 55 27 461 49 86 40 15 17 54 11,969 DAVIS BLVD S OF TURNER DR-CLASS SOUTHBOUND Start Date:1/30/2020 Start Time:12:00:00 AM Site Code:959 Cars& 2 Axle 2 Axle 6 3 Axle 4 Axle <5 Axl 5 Axle >6 Axl <6 Axl 6 Axle >6 Axl Not Date Time Bikes Trailers Long Buses Tire Single Single Double Double Double Multi Multi Multi Classed TOTAL 1/30/2020 12:00 AM 0 16 0 0 0 0 0 0 0 0 0 0 0 0 16 1/30/2020 12 15 AM 0 12 0 0 0 0 0 0 0 0 0 0 0 0 12 1/30/2020 12 30 AM 0 8 3 0 1 0 0 0 0 0 0 0 0 0 12 1/30/2020 12:45 AM 0 6 0 0 0 0 0 0 0 0 0 0 0 0 6 1/30/2020 01:00 AM 0 14 2 0 0 0 0 0 0 0 0 0 0 0 16 1/30/2020 01:15 AM 0 4 1 0 0 0 0 0 0 0 0 0 0 0 5 1/30/2020 01:30 AM 0 7 0 1 0 0 0 0 0 0 0 0 0 0 8 1/30/2020 01:45 AM 0 1 2 0 0 0 0 0 0 0 0 0 0 0 3 1/30/2020 02:00 AM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 2 1/30/2020 02:15 AM 0 4 1 0 0 0 0 0 0 0 0 0 0 0 5 1/30/2020 02:30 AM 0 5 3 0 0 0 0 0 0 0 0 0 0 0 8 1/30/2020 02:45 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 1/30/2020 03:00 AM 0 9 0 0 0 0 0 0 1 0 0 0 0 0 10 1/30/2020 03:15 AM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 2 1/30/2020 03:30 AM 0 1 6 0 1 0 0 0 0 0 0 0 0 0 8 1/30/2020 03:45 AM 0 5 4 0 1 0 0 0 0 0 0 0 0 0 10 1/30/2020 04:00 AM 0 6 6 1 0 0 0 0 0 0 0 0 0 0 13 1/30/2020 04:15 AM 0 9 9 0 1 0 0 0 0 0 0 0 0 0 19 1/30/2020 04:30 AM 0 15 6 0 6 0 0 0 0 0 0 0 0 0 27 1/30/2020 04:45 AM 0 18 6 0 2 0 0 0 0 0 0 0 0 0 26 1/30/2020 05:00 AM 0 20 15 0 4 0 0 1 0 0 0 0 0 0 40 1/30/2020 05:15 AM 0 23 13 0 6 0 0 1 0 0 0 0 0 0 43 1/30/2020 05:30 AM 0 36 10 1 5 0 0 1 1 0 0 0 0 0 54 1/30/2020 05:45 AM 0 60 27 0 9 0 0 1 0 0 0 0 0 0 97 1/30/2020 06:00 AM 2 79 23 0 9 0 0 2 0 0 0 0 0 1 116 1/30/2020 06:15 AM 0 82 31 0 9 0 0 6 0 0 0 0 0 0 128 1/30/2020 06:30 AM 2 122 29 0 19 1 0 4 0 0 1 0 1 0 179 1/30/2020 06:45 AM 2 140 41 1 21 1 1 12 1 1 1 0 0 0 222 1/30/2020 07:00 AM 4 193 69 1 18 2 0 8 2 1 3 0 0 1 302 1/30/2020 07:15 AM 2 160 43 0 23 0 0 13 1 2 1 0 0 2 247 1/30/2020 07:30 AM 2 187 53 3 28 0 0 12 1 2 2 1 0 0 291 1/30/2020 07:45 AM 4 185 51 3 21 2 1 12 1 1 0 0 0 5 286 1/30/2020 08:00 AM 6 193 52 0 20 1 2 11 0 1 1 0 0 1 288 1/30/2020 08:15 AM 1 154 55 0 13 1 1 5 1 1 0 0 0 1 233 1/30/2020 08:30 AM 3 122 28 0 15 0 0 6 1 0 0 1 0 0 176 1/30/2020 08:45 AM 2 134 39 2 12 2 0 7 0 0 0 0 0 5 203 1/30/2020 09:00 AM 4 102 47 0 11 1 0 4 1 0 0 0 0 0 170 1/30/2020 09:15 AM 6 112 37 2 9 1 1 9 2 0 0 0 0 1 180 1/30/2020 09:30 AM 0 116 53 0 12 4 0 8 1 2 2 0 3 0 201 1/30/2020 09:45 AM 1 87 44 0 7 2 0 7 2 0 0 0 0 1 151 1/30/2020 10:00 AM 0 105 40 0 14 1 0 5 0 0 0 0 0 0 165 1/30/2020 10:15 AM 0 115 30 1 10 1 0 6 1 1 0 0 0 1 166 1/30/2020 10 30 AM 1 95 27 2 11 2 0 7 1 1 0 0 0 1 148 1/30/2020 10:45 AM 0 104 29 0 17 2 0 8 0 0 3 0 0 1 164 1/30/2020 11:OOAM 1 109 38 0 10 1 0 2 2 0 0 0 0 1 164 1/30/2020 11 15 AM 2 100 24 1 15 0 0 4 0 1 0 0 0 2 149 1/30/2020 11 30 AM 1 92 33 1 12 2 0 10 3 1 0 0 0 1 156 1/30/2020 11:45 AM 1 100 35 1 18 1 1 8 2 1 2 1 0 0 171 1/30/2020 12:00 PM 1 94 30 0 8 0 1 4 1 2 0 1 0 3 145 1/30/2020 12 15 PM 0 108 23 0 10 2 0 8 2 3 0 0 0 2 158 1/30/2020 12:30 PM 2 123 36 1 13 1 0 8 0 2 0 1 0 1 188 1/30/2020 12:45 PM 0 108 36 2 12 0 0 3 3 2 0 0 0 1 167 1/30/2020 01:00 PM 0 129 28 0 3 3 2 9 2 0 0 0 1 0 177 1/30/2020 01:15 PM 3 95 30 0 7 3 0 5 0 0 1 0 1 1 146 1/30/2020 01:30 PM 1 119 50 1 13 0 0 3 1 1 0 0 0 0 189 1/30/2020 01:45 PM 2 113 41 0 9 3 0 3 1 1 1 0 1 1 176 1/30/2020 02:00 PM 1 131 41 0 15 1 1 3 0 1 1 0 0 1 196 1/30/2020 02:15 PM 2 1 121 40 1 2 1 12 1 1 1 8 1 1 0 1 1 1 0 0 3 192 1/30/2020 02:30 PM 0 153 51 0 13 0 1 8 1 2 0 1 3 1 234 1/30/2020 02:45 PM 0 152 46 1 8 3 0 7 2 2 2 1 0 0 224 1/30/2020 03:00 PM 5 156 42 4 16 1 0 4 3 3 1 0 0 0 235 1/30/2020 03:15 PM 2 155 41 4 16 0 0 10 1 1 1 0 1 4 236 1/30/2020 03:30 PM 2 139 47 3 19 3 2 9 1 0 1 0 0 1 227 1/30/2020 03:45 PM 0 148 42 3 15 2 1 7 1 4 4 1 0 2 230 1/30/2020 04:00 PM 3 151 54 1 18 0 0 6 2 1 1 0 1 0 238 1/30/2020 04:15 PM 2 164 50 1 3 20 1 1 11 1 1 1 0 1 1 2 258 1/30/2020 04:30 PM 3 181 47 1 16 1 0 7 1 2 2 0 0 5 266 1/30/2020 04:45 PM 1 0 184 45 2 1 10 2 1 1 8 2 0 1 2 1 1 0 1 1 258 1/30/2020 05:00 PM 2 187 40 0 16 0 1 8 0 3 2 0 1 3 263 1/30/2020 05:15 PM 4 187 47 0 20 1 0 8 2 7 1 1 1 0 279 1/30/2020 05:30 PM 3 169 39 2 15 1 1 12 0 5 4 0 2 2 255 1/30/2020 05:45 PM 6 163 35 0 12 0 1 7 3 4 2 0 0 3 236 1/30/2020 06:00 PM 5 188 35 1 11 1 0 6 0 0 4 0 0 2 253 1/30/2020 06:15 PM 1 148 41 2 13 1 0 6 0 1 1 0 1 2 217 1/30/2020 06:30 PM 1 158 36 0 14 0 0 3 1 2 0 0 0 2 217 1/30/2020 06:45 PM 3 106 28 2 9 1 0 1 3 0 3 0 1 0 2 158 1/30/2020 07:00 PM 1 87 27 0 6 0 1 5 0 0 0 0 0 1 128 1/30/2020 07:15 PM 0 89 24 0 1 4 0 0 2 0 2 1 0 1 0 0 1 0 121 1/30/2020 07:30 PM 0 85 20 0 5 0 0 2 0 1 0 0 0 0 113 1/30/2020 07:45 PM 0 74 20 0 5 0 0 2 0 0 0 0 0 0 101 1/30/2020 08:00 PM 0 73 16 0 5 0 0 2 0 0 0 0 0 0 96 1/30/2020 08:15 PM 2 64 8 1 3 0 0 1 2 1 0 0 0 0 82 1/30/2020 08:30 PM 0 57 8 0 6 0 0 0 0 0 0 0 0 1 72 1/30/2020 08:45 PM 0 49 11 0 2 0 0 1 1 0 0 0 0 0 0 63 1/30/2020 09:00 PM 1 60 12 0 6 0 0 0 0 0 0 0 0 0 79 1/30/2020 09:15 PM 0 55 7 0 2 0 0 0 0 0 0 0 0 0 64 1/30/2020 09:30 PM 1 60 13 0 2 0 0 0 0 0 0 0 0 0 76 1/30/2020 09:45 PM 0 40 6 0 0 0 0 0 0 0 0 0 0 0 46 1/30/2020 10:00 PM 0 60 4 0 3 0 0 0 0 0 0 0 0 0 67 1/30/2020 10 15 PM 0 39 7 0 1 0 0 0 1 0 0 0 0 0 48 1/30/2020 10 30 PM 0 24 6 0 3 0 0 0 0 0 0 0 0 0 33 1/30/2020 10:45 PM 0 22 4 0 0 0 0 1 0 0 0 0 0 0 0 26 1/30/2020 11:00 PM 0 33 1 0 0 0 0 0 0 0 0 0 0 0 34 1/30/2020 11 15 PM 0 18 4 0 0 0 0 0 0 0 0 0 0 0 22 1/30/2020 11:30 PM 0 14 4 0 1 0 0 1 0 0 0 0 0 0 20 1/30/2020 11:45 PM 0 11 2 0 0 0 0 0 0 0 0 0 0 1 14 TOTAL 106 8,316 2,390 57 807 60 22 380 60 73 48 12 18 73 12,422 DAVIS BLVD S OF NORTHEAST PKWY-CLASS NORTHBOUND Start Date:1/30/2020 Start Time:12:00:00 AM Site Code:954 Cars& 2 Axle 2 Axle 6 3 Axle 4 Axle <5 Axl 5 Axle >6 Axl <6 Axl 6 Axle >6 Axl Not Date Time Bikes Trailers Long Buses Tire Single Single Double Double Double Multi Multi Multi Classed TOTAL 1/30/2020 12:00 AM 0 13 3 0 1 0 0 0 1 0 0 0 0 0 18 1/30/2020 12 15 AM 0 12 1 0 2 0 0 0 0 0 0 0 0 0 15 1/30/2020 12 30 AM 0 5 4 1 0 0 0 1 0 0 0 0 0 0 11 1/30/2020 12 45 AM 1 6 2 0 1 0 0 0 0 0 0 0 0 0 10 1/30/2020 01:00 AM 0 8 2 0 0 0 0 0 0 0 0 0 0 0 10 1/30/2020 01:15 AM 0 3 1 0 1 0 0 0 0 0 0 0 0 0 5 1/30/2020 01:30 AM 0 3 3 0 0 0 0 0 0 0 0 0 0 0 6 1/30/2020 01:45 AM 0 2 1 0 0 0 0 0 0 0 0 0 0 0 3 1/30/2020 02:00 AM 0 6 1 0 0 0 0 0 0 0 0 0 0 0 7 1/30/2020 02:15 AM 0 6 1 0 0 0 0 0 1 0 0 0 0 0 8 1/30/2020 02:30 AM 0 4 2 0 0 0 0 0 0 0 0 0 0 0 6 1/30/2020 02:45 AM 0 5 2 0 0 0 0 0 0 0 0 0 0 0 7 1/30/2020 03:00 AM 0 5 2 0 0 0 0 0 0 0 0 0 0 0 7 1/30/2020 03:15 AM 0 2 1 1 0 1 0 0 0 0 0 0 0 0 5 1/30/2020 03:30 AM 0 1 1 0 0 0 0 0 0 0 0 0 0 0 2 1/30/2020 03:45 AM 0 8 2 0 1 0 0 0 0 0 0 0 0 0 11 1/30/2020 04:00 AM 0 3 1 0 0 0 0 0 0 0 0 0 0 0 4 1/30/2020 04:15 AM 0 10 2 0 0 0 0 0 0 0 0 0 0 0 12 1/30/2020 04:30 AM 0 21 2 0 0 0 0 0 0 0 0 0 0 0 23 1/30/2020 04:45 AM 0 17 7 0 0 0 0 0 0 0 0 0 0 0 24 1/30/2020 05:00 AM 0 16 6 0 1 0 0 1 0 0 0 0 0 0 24 1/30/2020 05:15 AM 0 21 15 0 4 0 0 0 0 0 0 0 0 0 40 1/30/2020 05:30 AM 0 49 9 0 6 0 0 2 0 1 0 0 0 0 67 1/30/2020 05:45 AM 0 62 16 2 2 0 0 1 0 0 0 0 0 0 83 1/30/2020 06:00 AM 1 57 25 0 6 0 0 1 0 0 0 0 0 1 91 1/30/2020 06:15 AM 2 86 31 0 10 0 1 5 0 0 0 0 1 0 136 1/30/2020 06:30 AM 2 109 52 2 12 4 1 5 0 2 0 0 0 3 192 1/30/2020 06:45 AM 1 134 45 1 15 0 1 5 1 2 1 0 1 0 207 1/30/2020 07:00 AM 6 134 32 0 9 0 2 8 4 4 1 1 0 1 202 1/30/2020 07:15 AM 2 174 54 0 9 0 2 12 2 3 0 0 0 1 259 1/30/2020 07:30 AM 8 135 43 2 8 0 2 7 3 4 0 1 0 1 214 1/30/2020 07:45 AM 5 123 44 2 13 1 2 5 1 1 1 0 1 3 202 1/30/2020 08:00 AM 8 127 47 2 10 1 1 6 2 5 1 0 0 1 211 1/30/2020 08:15 AM 4 161 66 0 12 3 2 5 3 3 1 0 0 1 261 1/30/2020 08:30 AM 4 134 66 0 11 0 1 7 0 2 0 0 1 3 229 1/30/2020 08:45 AM 4 103 45 4 9 0 0 9 1 1 1 1 0 2 180 1/30/2020 09:00 AM 4 118 32 0 16 1 0 9 1 1 2 0 0 0 184 1/30/2020 09:15 AM 1 97 36 0 11 2 1 8 1 2 2 1 0 1 163 1/30/2020 09:30 AM 5 106 32 0 13 2 0 7 0 2 2 0 1 0 170 1/30/2020 09:45 AM 3 85 35 0 12 0 0 6 1 0 0 0 0 1 143 1/30/2020 10:00 AM 2 92 32 0 11 1 0 5 3 0 0 0 2 0 148 1/30/2020 10:15 AM 4 90 35 0 11 4 0 3 1 2 1 0 0 0 151 1/30/2020 10 30 AM 1 83 16 1 5 3 1 8 1 1 1 1 0 2 124 1/30/2020 10 45 AM 1 75 34 0 9 0 0 3 0 2 0 1 0 0 125 1/30/2020 11:OOAM 3 106 21 0 7 1 1 5 1 2 0 1 0 0 148 1/30/2020 11 15 AM 3 89 25 0 9 0 0 2 1 1 0 2 0 0 132 1/30/2020 11 30 AM 2 73 25 0 17 0 1 7 1 4 0 0 0 0 130 1/30/2020 11 45 AM 3 123 42 1 21 2 0 6 1 0 0 0 0 2 201 1/30/2020 12:00 PM 1 79 22 0 8 1 0 6 2 0 1 0 0 1 121 1/30/2020 12 15 PM 5 118 37 1 12 0 0 6 1 0 1 0 0 1 182 1/30/2020 12:30 PM 1 115 40 1 15 1 0 4 1 2 0 0 0 1 181 1/30/2020 12 45 PM 1 102 32 1 9 2 0 3 1 1 2 0 0 1 155 1/30/2020 01:00 PM 2 85 23 1 8 1 1 5 2 1 0 1 0 0 130 1/30/2020 01:15 PM 3 97 39 1 7 1 0 6 1 1 1 0 1 0 158 1/30/2020 01:30 PM 1 123 26 2 5 1 0 8 0 2 0 1 0 2 171 1/30/2020 01:45 PM 1 111 34 0 8 0 1 3 0 1 2 0 0 2 163 1/30/2020 02:00 PM 6 135 32 1 13 0 0 11 1 1 2 0 1 0 203 1/30/2020 02:15 PM 1 108 43 2 7 1 1 10 0 0 0 1 0 2 176 1/30/2020 02:30 PM 4 118 30 0 8 1 2 6 0 1 1 1 0 0 172 1/30/2020 02:45 PM 2 162 55 0 14 0 2 2 0 2 1 0 1 1 242 1/30/2020 03:00 PM 2 167 51 0 13 1 0 5 0 2 1 0 0 1 243 1/30/2020 03:15 PM 4 162 33 0 17 4 0 6 1 0 0 2 0 0 229 1/30/2020 03:30 PM 7 150 54 1 9 2 2 9 0 3 0 0 0 1 238 1/30/2020 03:45 PM 4 148 57 0 14 3 1 12 0 1 0 0 0 4 244 1/30/2020 04:00 PM 9 171 43 0 11 1 1 8 1 0 1 0 0 3 249 1/30/2020 04:15 PM 5 155 54 2 23 2 4 3 2 5 2 0 0 2 259 1/30/2020 04:30 PM 3 162 41 0 18 2 2 9 0 2 0 0 0 4 243 1/30/2020 04:45 PM 6 169 38 4 13 4 1 8 2 1 1 0 0 3 250 1/30/2020 05:00 PM 5 195 56 3 13 3 3 7 0 1 1 0 0 1 288 1/30/2020 05:15 PM 5 170 51 4 9 1 2 11 2 0 2 0 1 2 260 1/30/2020 05:30 PM 5 168 53 0 6 1 1 9 0 4 2 0 1 1 251 1/30/2020 05:45 PM 3 180 49 1 11 1 0 2 2 0 1 0 0 0 250 1/30/2020 06:00 PM 7 177 55 5 10 1 0 7 1 2 3 1 0 1 270 1/30/2020 06:15 PM 4 162 52 2 10 2 1 6 0 5 1 0 0 2 247 1/30/2020 06:30 PM 4 156 37 1 11 2 0 5 0 1 1 2 0 0 2 221 1/30/2020 06:45 PM 1 136 24 1 15 0 1 7 0 1 0 0 1 0 187 1/30/2020 07:00 PM 0 125 28 0 11 0 0 5 0 1 0 0 1 0 171 1/30/2020 07:15 PM 4 120 23 0 6 0 0 3 0 1 0 1 0 1 159 1/30/2020 07:30 PM 1 114 32 0 10 1 1 8 1 0 0 0 0 0 168 1/30/2020 07:45 PM 1 112 25 0 5 0 0 2 1 1 0 0 0 0 147 1/30/2020 08:00 PM 0 70 26 0 0 1 1 4 0 0 1 0 0 1 104 1/30/2020 08:15 PM 2 73 18 1 2 0 0 0 1 1 0 0 0 1 99 1/30/2020 08:30 PM 0 78 15 0 4 0 1 2 0 0 0 0 0 0 100 1/30/2020 08:45 PM 0 72 16 1 7 0 0 1 0 1 0 0 0 0 98 1/30/2020 09:00 PM 0 65 13 0 7 0 0 2 0 1 0 0 0 1 89 1/30/2020 09:15 PM 0 64 11 0 3 0 0 1 0 0 1 0 0 0 80 1/30/2020 09:30 PM 1 68 17 0 4 0 0 0 3 2 1 0 0 2 98 1/30/2020 09:45 PM 0 65 12 0 1 0 0 0 0 0 0 0 0 0 78 1/30/2020 10:00 PM 0 45 7 0 1 0 0 2 0 2 0 0 0 0 57 1/30/2020 10 15 PM 0 35 11 0 3 0 0 0 0 0 0 0 0 0 49 1/30/2020 10 30 PM 0 36 10 0 2 0 0 2 0 0 0 0 0 0 50 1/30/2020 10 45 PM 0 36 6 0 3 0 0 0 0 0 0 0 0 0 45 1/30/2020 11:00 PM 0 30 8 0 2 0 0 0 1 0 0 0 0 0 41 1/30/2020 11 15 PM 0 21 5 0 4 0 0 1 0 0 0 0 0 0 31 1/30/2020 11 30 PM 0 11 3 0 0 0 0 0 0 0 0 0 0 0 14 1/30/2020 11:45 PM 0 12 3 0 0 0 0 0 0 0 0 0 0 0 15 TOTAL 191 8,135 2,452 55 677 67 48 366 58 95 45 17 14 67 12,287 DAVIS BLVD S OF NORTHEAST PKWY-CLASS SOUTHBOUND Start Date:1/30/2020 Start Time:12:00:00 AM Site Code:953 Cars& 2 Axle 2 Axle 6 3 Axle 4 Axle <5 Axl 5 Axle >6 Axl <6 Axl 6 Axle >6 Axl Not Date Time Bikes Trailers Long Buses Tire Single Single Double Double Double Multi Multi Multi Classed TOTAL 1/30/2020 12:00 AM 0 15 1 0 0 0 0 0 0 0 0 0 0 0 16 1/30/2020 12 15 AM 0 12 0 0 0 0 0 0 0 0 0 0 0 0 12 1/30/2020 12:30 AM 0 8 1 0 3 0 0 0 0 0 0 0 0 0 12 1/30/2020 12:45 AM 0 6 1 0 1 0 0 0 0 0 0 0 0 0 8 1/30/2020 01:00 AM 0 14 1 0 1 0 0 0 0 0 0 0 0 0 16 1/30/2020 01:15 AM 0 4 1 0 0 0 0 0 0 0 0 0 0 0 5 1/30/2020 01:30 AM 0 7 0 1 0 0 0 0 0 0 0 0 0 0 8 1/30/2020 01:45 AM 0 1 1 0 1 0 0 0 0 0 0 0 0 0 3 1/30/2020 02:00 AM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 2 1/30/2020 02:15 AM 0 4 1 0 0 0 0 0 0 0 0 0 0 0 5 1/30/2020 02:30 AM 0 5 2 0 0 0 0 0 0 0 0 0 0 0 7 1/30/2020 02:45 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 1/30/2020 03:00 AM 0 11 0 0 0 0 0 0 1 0 0 0 0 0 12 1/30/2020 03:15 AM 0 1 0 0 1 0 0 0 0 0 0 0 0 0 2 1/30/2020 03:30 AM 0 4 4 0 4 0 0 0 0 0 0 0 0 0 12 1/30/2020 03:45 AM 0 7 4 0 1 0 0 0 0 0 0 0 0 0 12 1/30/2020 04:00 AM 0 8 5 1 1 0 0 0 0 0 0 0 0 0 15 1/30/2020 04:15 AM 0 10 9 0 2 0 0 0 0 0 0 0 0 0 21 1/30/2020 04:30 AM 0 18 9 0 5 0 0 0 0 0 0 0 0 0 32 1/30/2020 04:45 AM 0 14 9 0 5 0 0 0 0 0 0 0 0 0 28 1/30/2020 05:00 AM 0 28 16 0 5 0 0 0 0 0 0 0 0 0 49 1/30/2020 05:15 AM 0 29 11 0 7 0 0 2 0 0 0 0 0 0 49 1/30/2020 05:30 AM 0 37 11 1 8 0 0 3 1 0 0 0 0 0 61 1/30/2020 05:45 AM 1 60 25 0 12 0 1 1 0 0 0 0 0 0 100 1/30/2020 06:00 AM 1 86 24 0 9 0 0 3 0 0 0 0 0 0 123 1/30/2020 06:15 AM 0 88 37 0 13 0 0 4 0 0 0 0 0 0 142 1/30/2020 06:30 AM 1 132 32 0 26 0 0 4 0 1 1 0 0 0 197 1/30/2020 06:45 AM 3 161 54 2 25 1 0 9 1 2 0 1 1 0 260 1/30/2020 07:00 AM 6 204 56 2 11 4 0 8 0 5 0 0 0 0 296 1/30/2020 07:15 AM 0 175 53 0 20 2 1 10 1 0 0 0 0 3 265 1/30/2020 07:30 AM 2 198 56 3 14 1 3 9 2 2 2 0 2 5 299 1/30/2020 07:45 AM 5 215 59 0 23 1 2 15 0 0 0 0 1 2 323 1/30/2020 08:00 AM 4 190 53 1 13 2 0 4 2 1 0 1 2 2 275 1/30/2020 08:15 AM 7 137 37 0 9 0 2 12 1 2 0 1 0 0 208 1/30/2020 08:30 AM 1 108 37 0 19 1 0 5 0 0 0 0 0 1 172 1/30/2020 08:45 AM 0 140 41 1 18 1 1 6 1 2 0 0 0 0 211 1/30/2020 09:00 AM 4 108 41 0 12 2 0 4 0 1 0 0 1 1 174 1/30/2020 09:15 AM 4 111 49 3 11 1 1 5 1 3 2 0 1 2 194 1/30/2020 09:30 AM 0 120 49 0 16 3 0 8 3 3 1 1 0 0 204 1/30/2020 09:45 AM 7 88 52 0 10 0 1 6 3 1 1 0 0 0 169 1/30/2020 10:00 AM 0 105 39 0 15 2 0 8 0 0 0 0 0 0 169 1/30/2020 10:15 AM 0 120 33 2 12 2 0 3 1 1 0 0 1 0 175 1/30/2020 10:30 AM 2 105 29 0 20 0 1 8 1 0 0 0 0 0 166 1/30/2020 10:45 AM 1 101 41 1 13 4 0 10 2 0 0 0 0 1 174 1/30/2020 11:OOAM 1 101 31 1 16 2 0 4 2 1 0 0 1 0 160 1/30/2020 11 15 AM 2 106 36 0 18 0 0 5 0 0 0 0 0 1 168 1/30/2020 11:30 AM 1 92 34 1 17 3 0 12 2 1 0 0 0 1 164 1/30/2020 11:45 AM 3 94 40 0 21 1 2 12 1 0 1 0 0 0 175 1/30/2020 12:00 PM 0 103 33 1 14 0 1 3 0 1 1 0 0 1 158 1/30/2020 12 15 PM 3 103 25 0 10 6 0 8 2 2 0 0 0 1 160 1/30/2020 12:30 PM 2 124 29 4 16 2 1 10 1 1 0 0 0 0 190 1/30/2020 12:45 PM 3 105 39 6 18 1 0 5 1 2 0 1 0 3 184 1/30/2020 01:00 PM 3 113 30 0 9 4 0 6 2 1 0 1 0 1 170 1/30/2020 01:15 PM 1 98 28 0 16 2 0 7 1 1 0 0 0 0 154 1/30/2020 01:30 PM 1 111 42 1 1 11 1 0 11 1 1 0 0 1 0 2 182 1/30/2020 01:45 PM 2 103 46 0 10 3 1 6 1 1 1 0 0 0 174 1/30/2020 02:00 PM 6 106 46 0 12 4 0 6 1 1 0 1 0 1 184 1/30/2020 02:15 PM 1 119 48 2 16 2 1 8 1 0 0 1 0 1 200 1/30/2020 02:30 PM 7 114 58 0 20 1 1 5 0 4 1 0 1 2 214 1/30/2020 02:45 PM 7 143 42 4 13 3 0 8 1 3 1 0 0 0 225 1/30/2020 03:00 PM 4 145 44 2 10 1 1 5 2 1 1 1 1 1 219 1/30/2020 03:15 PM 4 166 47 1 13 5 1 10 2 3 0 1 1 0 254 1/30/2020 03:30 PM 5 147 59 2 12 4 1 7 2 1 1 2 1 0 244 1/30/2020 03:45 PM 3 147 49 5 23 4 2 6 0 5 2 1 0 0 247 1/30/2020 04:00 PM 2 144 41 3 15 2 1 13 1 1 0 0 1 0 224 1/30/2020 04:15 PM 3 161 51 5 10 1 0 10 2 6 1 1 1 1 1 1 253 1/30/2020 04:30 PM 8 146 32 3 15 3 1 9 2 4 0 1 0 4 228 1/30/2020 04:45 PM 6 180 62 1 11 2 2 8 1 2 0 2 0 3 280 1/30/2020 05:00 PM 4 160 40 3 21 3 0 8 0 0 0 1 0 4 244 1/30/2020 05:15 PM 6 170 50 2 21 1 0 16 2 3 1 1 2 4 279 1/30/2020 05:30 PM 4 172 48 2 14 1 0 14 0 4 0 1 0 1 261 1/30/2020 05:45 PM 4 163 41 0 14 3 1 11 0 3 2 0 0 0 242 1/30/2020 06:00 PM 5 173 40 1 11 1 0 8 0 1 1 0 0 0 241 1/30/2020 06:15 PM 1 145 46 0 10 2 1 9 0 1 0 1 0 1 217 1/30/2020 06:30 PM 4 150 35 0 16 1 0 3 0 6 0 0 0 0 215 1/30/2020 06:45 PM 4 108 32 0 11 0 1 1 5 0 0 1 1 1 0 0 2 164 1/30/2020 07:00 PM 0 86 26 0 7 0 0 4 0 0 0 0 0 0 123 1/30/2020 07:15 PM 0 86 26 0 4 1 0 1 0 0 2 1 0 0 121 1/30/2020 07:30 PM 2 91 19 0 5 0 0 0 1 0 0 0 1 0 119 1/30/2020 07:45 PM 1 64 18 0 9 1 1 1 1 0 0 0 0 0 96 1/30/2020 08:00 PM 2 74 12 0 9 0 1 2 0 0 0 0 0 0 100 1/30/2020 08:15 PM 0 62 14 1 3 0 0 0 1 2 0 0 0 0 83 1/30/2020 08:30 PM 1 52 11 0 4 0 0 0 0 0 0 0 0 1 69 1/30/2020 08:45 PM 0 48 14 0 2 1 0 2 0 0 0 0 0 0 67 1/30/2020 09:00 PM 1 56 13 0 6 0 0 0 0 0 0 0 0 0 76 1/30/2020 09:15 PM 1 50 10 0 2 0 0 0 0 0 0 0 0 0 63 1/30/2020 09:30 PM 0 60 10 0 2 0 0 1 0 0 0 0 0 0 73 1/30/2020 09:45 PM 0 37 7 0 1 0 0 0 0 0 0 0 0 0 45 1/30/2020 10:00 PM 0 55 6 0 3 0 0 0 0 0 0 0 0 0 64 1/30/2020 10 15 PM 0 38 9 0 1 0 0 1 1 0 0 0 0 0 50 1/30/2020 10:30 PM 0 26 8 0 3 0 0 0 0 0 0 0 0 0 37 1/30/2020 10:45 PM 0 22 3 0 1 0 0 0 0 0 0 0 0 0 26 1/30/2020 11:00 PM 0 35 0 0 0 0 0 0 0 0 0 0 0 0 35 1/30/2020 11 15 PM 0 16 4 0 0 0 0 0 0 0 0 0 0 0 20 1/30/2020 11:30 PM 1 12 5 0 1 0 0 1 0 0 0 0 0 0 20 1/30/2020 11:45 PM 0 8 2 0 0 0 0 0 0 1 0 0 0 0 11 TOTAL 168 8,188 2,525 69 893 99 34 418 56 87 24 23 19 53 12,656 GRAM Traffic North Texas, Inc. 1120 W Lovers Lane DAVIS BLVD S OF TURNER DR-SPEED V1 Arlington, TX 76013 NB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 01/30/20 0 0 0 0 0 0 3 12 19 7 0 0 0 01:00 0 0 0 0 0 0 5 8 4 3 1 0 0 02:00 0 0 0 0 0 0 3 7 9 3 1 0 0 03:00 0 0 0 0 0 1 4 9 7 3 0 0 0 04:00 0 0 0 0 0 3 7 20 22 6 0 0 0 05:00 0 0 0 0 0 1 13 33 55 15 7 2 0 06:00 0 0 0 0 0 1 15 54 76 37 12 0 0 07:00 0 0 0 0 1 4 12 57 57 31 2 0 0 08:00 0 0 0 0 0 0 0 0 0 0 0 0 0 09:00 0 0 0 0 0 6 25 36 56 22 3 0 0 10:00 0 0 0 1 0 8 23 85 55 24 2 0 0 11:00 0 0 0 1 2 8 25 65 72 24 1 0 0 12 PM 0 0 0 0 0 4 23 73 80 18 7 0 0 13:00 0 0 1 0 2 5 21 61 67 29 8 0 0 14:00 0 0 0 0 1 1 19 78 72 19 3 1 0 15:00 0 0 0 0 0 1 6 15 19 5 2 1 0 16:00 0 0 0 0 0 1 10 29 35 5 7 0 0 17:00 0 0 0 0 1 2 16 64 71 34 5 0 0 18:00 0 0 0 0 0 2 14 64 74 24 5 0 1 19:00 0 0 0 0 0 3 25 59 64 23 4 2 0 20:00 0 0 0 0 1 4 17 55 53 29 3 0 0 21:00 0 0 0 0 1 3 13 50 70 27 4 0 1 22:00 0 0 0 0 0 6 14 35 49 17 1 1 1 23:00 0 0 0 0 0 2 5 29 28 10 0 1 0 Total 0 0 1 2 9 66 318 998 1114 415 78 8 3 Percent 0.0% 0.0% 0.0% 0.1% 0.3% 2.2% 10.6% 33.1% 37.0% 13.8% 2.6% 0.3% 0.1% AM Peak 10:00 11:00 10:00 09:00 10:00 06:00 06:00 06:00 05:00 1 Vol. 1 2 8 25 85 76 37 12 2 PM Peak 13:00 13:00 22:00 19:00 14:00 12:00 17:00 13:00 19:00 18:00 Vol. 1 2 6 25 78 80 34 8 2 1 Total 0 0 1 2 9 66 318 998 1114 415 78 8 3 Percent 0.0% 0.0% 0.0% 0.1% 0.3% 2.2% 10.6% 33.1% 37.0% 13.8% 2.6% 0.3% 0.1% 15th Percentile : 45 MPH 50th Percentile : 50 MPH 85th Percentile : 55 MPH 95th Percentile : 59 MPH Stats 10 MPH Pace Speed : 46-55 MPH Number in Pace : 2112 Percent in Pace : 70.1% Number of Vehicles>55 MPH : 505 Percent of Vehicles>55 MPH : 16.8% Mean Speed(Average): 51 MPH GRAM Traffic North Texas, Inc. 1120 W Lovers Lane DAVIS BLVD S OF TURNER DR-SPEED V1 Arlington, TX 76013 SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 01/30/20 0 0 0 0 0 1 10 20 8 4 1 0 0 01:00 0 0 0 0 1 2 7 11 6 3 1 0 0 02:00 0 0 0 0 0 0 4 3 6 2 1 0 0 03:00 0 0 0 0 1 4 4 10 4 4 2 0 0 04:00 0 0 0 0 0 0 8 24 36 8 3 1 1 05:00 0 0 0 0 0 0 12 47 64 34 4 2 0 06:00 0 0 0 0 0 5 17 70 96 57 13 2 1 07:00 0 0 0 0 0 4 22 45 69 45 10 2 0 08:00 0 0 0 0 0 0 0 0 0 0 0 0 0 09:00 0 0 0 0 1 2 14 50 59 24 0 0 1 10:00 0 0 0 0 0 13 31 58 74 21 8 0 0 11:00 0 0 0 1 0 6 33 70 66 27 4 1 0 12 PM 0 0 0 0 1 11 23 82 59 19 2 0 0 13:00 0 0 0 1 1 14 23 78 63 16 3 2 0 14:00 0 0 0 0 5 13 49 73 56 23 5 0 0 15:00 0 0 0 0 0 2 11 15 10 6 0 1 0 16:00 0 0 0 0 0 2 15 33 26 19 6 0 0 17:00 0 0 0 0 0 8 32 60 61 40 9 2 0 18:00 0 0 0 0 0 7 33 70 65 26 7 1 0 19:00 0 0 0 0 2 7 27 49 74 22 4 0 0 20:00 0 0 0 0 0 9 19 56 53 16 6 0 0 21:00 0 0 0 0 0 1 21 35 49 17 1 1 0 22:00 0 0 0 0 1 0 17 28 43 9 1 1 0 23:00 0 0 0 0 0 0 9 30 20 5 2 0 0 Total 0 0 0 2 13 111 441 1017 1067 447 93 16 3 Percent 0.0% 0.0% 0.0% 0.1% 0.4% 3.5% 13.7% 31.7% 33.2% 13.9% 2.9% 0.5% 0.1% AM Peak 11:00 01:00 10:00 11:00 06:00 06:00 06:00 06:00 05:00 04:00 1 Vol. 1 1 13 33 70 96 57 13 2 1 PM Peak 13:00 14:00 13:00 14:00 12:00 19:00 17:00 17:00 13:00 Vol. 1 5 14 49 82 74 40 9 2 Total 0 0 0 2 13 111 441 1017 1067 447 93 16 3 Percent 0.0% 0.0% 0.0% 0.1% 0.4% 3.5% 13.7% 31.7% 33.2% 13.9% 2.9% 0.5% 0.1% 15th Percentile : 44 MPH 50th Percentile : 50 MPH 85th Percentile : 55 MPH 95th Percentile : 59 MPH Slats 10 MPH Pace Speed : 46-55 MPH Number in Pace : 2084 Percent in Pace : 64.9% Number of Vehicles>55 MPH : 560 Percent of Vehicles>55 MPH : 17.4% Mean Speed(Average): 51 MPH GRAM Traffic North Texas, Inc. 1120 W Lovers Lane DAVIS BLVD S OF TURNER DR-SPEED V1 Arlington, TX 76013 NB SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 01/30/20 0 0 0 0 0 1 13 32 27 11 1 0 0 01:00 0 0 0 0 1 2 12 19 10 6 2 0 0 02:00 0 0 0 0 0 0 7 10 15 5 2 0 0 03:00 0 0 0 0 1 5 8 19 11 7 2 0 0 04:00 0 0 0 0 0 3 15 44 58 14 3 1 1 05:00 0 0 0 0 0 1 25 80 119 49 11 4 0 06:00 0 0 0 0 0 6 32 124 172 94 25 2 1 07:00 0 0 0 0 1 8 34 102 126 76 12 2 0 08:00 0 0 0 0 0 0 0 0 0 0 0 0 0 09:00 0 0 0 0 1 8 39 86 115 46 3 0 1 10:00 0 0 0 1 0 21 54 143 129 45 10 0 0 11:00 0 0 0 2 2 14 58 135 138 51 5 1 0 12 PM 0 0 0 0 1 15 46 155 139 37 9 0 0 13:00 0 0 1 1 3 19 44 139 130 45 11 2 0 14:00 0 0 0 0 6 14 68 151 128 42 8 1 0 15:00 0 0 0 0 0 3 17 30 29 11 2 2 0 16:00 0 0 0 0 0 3 25 62 61 24 13 0 0 17:00 0 0 0 0 1 10 48 124 132 74 14 2 0 18:00 0 0 0 0 0 9 47 134 139 50 12 1 1 19:00 0 0 0 0 2 10 52 108 138 45 8 2 0 20:00 0 0 0 0 1 13 36 111 106 45 9 0 0 21:00 0 0 0 0 1 4 34 85 119 44 5 1 1 22:00 0 0 0 0 1 6 31 63 92 26 2 2 1 23:00 0 0 0 0 0 2 14 59 48 15 2 1 0 Total 0 0 1 4 22 177 759 2015 2181 862 171 24 6 Percent 0.0% 0.0% 0.0% 0.1% 0.4% 2.8% 12.2% 32.4% 35.0% 13.8% 2.7% 0.4% 0.1% AM Peak 11:00 11:00 10:00 11:00 10:00 06:00 06:00 06:00 05:00 04:00 1 Vol. 2 2 21 58 143 172 94 25 4 1 PM Peak 13:00 13:00 14:00 13:00 14:00 12:00 12:00 17:00 17:00 13:00 18:00 Vol. 1 1 6 19 68 155 139 74 14 2 1 Total 0 0 1 4 22 177 759 2015 2181 862 171 24 6 Percent 0.0% 0.0% 0.0% 0.1% 0.4% 2.8% 12.2% 32.4% 35.0% 13.8% 2.7% 0.4% 0.1% 15th Percentile : 44 MPH 50th Percentile : 50 MPH 85th Percentile : 55 MPH 95th Percentile : 59 MPH Slats 10 MPH Pace Speed : 46-55 MPH Number in Pace : 4196 Percent in Pace : 67.4% Number of Vehicles>55 MPH : 1065 Percent of Vehicles>55 MPH : 17.1% Mean Speed(Average): 51 MPH GRAM Traffic North Texas, Inc. 1120 W Lovers bWS BLVD S OF NORTHEAST PKWY-SPEED V\ Arlington, TX 76013 NB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 01/30/20 0 1 0 3 0 0 5 13 15 2 1 0 0 01:00 0 0 0 0 0 2 4 8 3 4 0 0 0 02:00 0 0 0 0 0 2 2 10 11 1 0 0 0 03:00 0 0 0 0 0 0 3 9 7 0 0 0 0 04:00 0 0 0 1 1 3 10 24 15 4 1 0 0 05:00 0 0 0 3 0 4 18 29 27 14 2 1 0 06:00 0 4 4 5 1 2 28 51 49 14 1 0 0 07:00 0 7 5 5 5 14 23 48 20 3 0 0 0 08:00 0 0 0 0 0 0 0 0 0 0 0 0 0 09:00 0 3 5 3 4 11 31 28 13 2 0 0 0 10:00 0 9 9 4 7 8 33 44 25 6 2 0 0 11:00 0 7 9 6 3 13 28 50 22 8 1 0 0 12 PM 0 4 9 11 5 14 24 48 31 8 2 0 0 13:00 0 2 6 7 4 12 42 58 21 5 1 0 0 14:00 2 6 14 4 3 17 41 46 15 4 1 0 0 15:00 1 3 3 3 0 3 10 11 6 2 0 0 0 16:00 1 5 7 2 3 14 15 29 11 2 0 0 0 17:00 1 9 14 8 5 16 31 53 26 10 1 0 0 18:00 1 3 15 7 3 13 31 47 38 5 2 1 0 19:00 1 6 13 6 1 10 26 65 31 5 3 1 0 20:00 0 5 5 8 2 11 29 48 34 6 1 1 0 21:00 0 7 8 5 1 9 22 45 42 8 1 0 0 22:00 2 2 7 2 1 3 16 51 34 2 2 1 0 23:00 0 1 2 2 1 2 17 27 19 5 1 0 0 Total 9 84 135 95 50 183 489 842 515 120 23 5 0 Percent 0.4% 3.3% 5.3% 3.7% 2.0% 7.2% 19.2% 33.0% 20.2% 4.7% 0.9% 0.2% 0.0% AM Peak 10:00 10:00 11:00 10:00 07:00 10:00 06:00 06:00 05:00 05:00 05:00 Vol. 9 9 6 7 14 33 51 49 14 2 1 PM Peak 14:00 17:00 18:00 12:00 12:00 14:00 13:00 19:00 21:00 17:00 19:00 18:00 Vol. 2 9 15 11 5 17 42 65 42 10 3 1 Total 9 84 135 95 50 183 489 842 515 120 23 5 0 Percent 0.4% 3.3% 5.3% 3.7% 2.0% 7.2% 19.2% 33.0% 20.2% 4.7% 0.9% 0.2% 0.0% 15th Percentile : 35 MPH 50th Percentile : 46 MPH 85th Percentile : 52 MPH 95th Percentile : 55 MPH Stats 10 MPH Pace Speed : 46-55 MPH Number in Pace : 1357 Percent in Pace : 53.2% Number of Vehicles>55 MPH : 150 Percent of Vehicles>55 MPH : 5.9% Mean Speed(Average): 44 MPH GRAM Traffic North Texas, Inc. 1120 W Lovers bWS BLVD S OF NORTHEAST PKWY-SPEED V\ Arlington, TX 76013 SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 01/30/20 0 0 0 1 1 0 8 23 6 2 1 0 0 01:00 0 0 0 0 1 1 8 10 6 3 0 0 0 02:00 0 0 0 2 0 1 2 3 6 1 0 0 0 03:00 0 0 0 3 2 1 6 10 4 3 1 0 0 04:00 0 0 1 2 1 0 5 27 34 5 2 1 0 05:00 0 0 0 8 0 3 20 44 61 15 1 1 0 06:00 0 0 0 9 3 2 32 81 79 36 3 1 0 07:00 5 1 3 8 9 11 31 67 40 10 3 0 0 08:00 0 0 0 0 0 0 0 0 0 0 0 0 0 09:00 0 0 1 7 6 8 21 58 37 12 2 0 0 10:00 0 0 2 7 4 11 35 88 50 16 2 0 0 11:00 0 0 3 7 2 8 42 76 49 11 2 1 1 12 PM 0 0 2 9 9 12 39 61 39 17 3 0 0 13:00 0 2 2 7 4 5 43 59 58 12 4 0 0 14:00 2 2 5 4 10 21 56 55 47 13 1 0 0 15:00 0 1 1 4 3 6 9 14 6 2 1 0 0 16:00 1 2 3 4 3 4 17 30 16 7 0 0 0 17:00 9 4 4 7 4 13 48 59 37 8 1 1 0 18:00 2 1 3 9 10 15 41 65 49 9 1 1 0 19:00 0 0 0 3 3 7 32 58 48 17 4 1 0 20:00 0 0 1 4 0 5 22 64 41 13 2 1 0 21:00 0 0 1 3 0 2 24 49 48 9 1 0 0 22:00 0 0 2 2 2 4 22 44 34 6 1 0 0 23:00 0 0 0 1 1 1 13 21 27 2 0 0 0 Total 19 13 34 111 78 141 576 1066 822 229 36 8 1 Percent 0.6% 0.4% 1.1% 3.5% 2.5% 4.5% 18.4% 34.0% 26.2% 7.3% 1.1% 0.3% 0.0% AM Peak 07:00 07:00 07:00 06:00 07:00 07:00 11:00 10:00 06:00 06:00 06:00 04:00 11:00 Vol. 5 1 3 9 9 11 42 88 79 36 3 1 1 PM Peak 17:00 17:00 14:00 12:00 14:00 14:00 14:00 18:00 13:00 12:00 13:00 17:00 Vol. 9 4 5 9 10 21 56 65 58 17 4 1 Total 19 13 34 111 78 141 576 1066 822 229 36 8 1 Percent 0.6% 0.4% 1.1% 3.5% 2.5% 4.5% 18.4% 34.0% 26.2% 7.3% 1.1% 0.3% 0.0% 15th Percentile : 40 MPH 50th Percentile : 47 MPH 85th Percentile : 53 MPH 95th Percentile : 57 MPH Slats 10 MPH Pace Speed : 46-55 MPH Number in Pace : 1888 Percent in Pace : 60.2% Number of Vehicles>55 MPH : 274 Percent of Vehicles>55 MPH : 8.7% Mean Speed(Average): 47 MPH GRAM Traffic North Texas, Inc. 1120 W Lovers bWS BLVD S OF NORTHEAST PKWY-SPEED V\ Arlington, TX 76013 NB SB Start 1 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 01/30/20 0 1 0 4 1 0 13 36 21 4 2 0 0 01:00 0 0 0 0 1 3 12 18 9 7 0 0 0 02:00 0 0 0 2 0 3 4 13 17 2 0 0 0 03:00 0 0 0 3 2 1 9 19 11 3 1 0 0 04:00 0 0 1 3 2 3 15 51 49 9 3 1 0 05:00 0 0 0 11 0 7 38 73 88 29 3 2 0 06:00 0 4 4 14 4 4 60 132 128 50 4 1 0 07:00 5 8 8 13 14 25 54 115 60 13 3 0 0 08:00 0 0 0 0 0 0 0 0 0 0 0 0 0 09:00 0 3 6 10 10 19 52 86 50 14 2 0 0 10:00 0 9 11 11 11 19 68 132 75 22 4 0 0 11:00 0 7 12 13 5 21 70 126 71 19 3 1 1 12 PM 0 4 11 20 14 26 63 109 70 25 5 0 0 13:00 0 4 8 14 8 17 85 117 79 17 5 0 0 14:00 4 8 19 8 13 38 97 101 62 17 2 0 0 15:00 1 4 4 7 3 9 19 25 12 4 1 0 0 16:00 2 7 10 6 6 18 32 59 27 9 0 0 0 17:00 10 13 18 15 9 29 79 112 63 18 2 1 0 18:00 3 4 18 16 13 28 72 112 87 14 3 2 0 19:00 1 6 13 9 4 17 58 123 79 22 7 2 0 20:00 0 5 6 12 2 16 51 112 75 19 3 2 0 21:00 0 7 9 8 1 11 46 94 90 17 2 0 0 22:00 2 2 9 4 3 7 38 95 68 8 3 1 0 23:00 0 1 2 3 2 3 30 48 46 7 1 0 0 Total 28 97 169 206 128 324 1065 1908 1337 349 59 13 1 Percent 0.5% 1.7% 3.0% 3.6% 2.3% 5.7% 18.7% 33.6% 23.5% 6.1% 1.0% 0.2% 0.0% AM Peak 07:00 10:00 11:00 06:00 07:00 07:00 11:00 06:00 06:00 06:00 06:00 05:00 11:00 Vol. 5 9 12 14 14 25 70 132 128 50 4 2 1 PM Peak 17:00 17:00 14:00 12:00 12:00 14:00 14:00 19:00 21:00 12:00 19:00 18:00 Vol. 10 13 19 20 14 38 97 123 90 25 7 2 Total 28 97 169 206 128 324 1065 1908 1337 349 59 13 1 Percent 0.5% 1.7% 3.0% 3.6% 2.3% 5.7% 18.7% 33.6% 23.5% 6.1% 1.0% 0.2% 0.0% 15th Percentile : 38 MPH 50th Percentile : 47 MPH 85th Percentile : 53 MPH 95th Percentile : 56 MPH Stats 10 MPH Pace Speed : 46-55 MPH Number in Pace : 3245 Percent in Pace : 57.1% Number of Vehicles>55 MPH : 424 Percent of Vehicles>55 MPH : 7.5% Mean Speed(Average): 46 MPH STATEWIDE TRAFFIC as CRASH aa�taat art rant nation By Highway System Traffic Crashes Highway System per 100 million vehicle miles Rural Urban Interstate 62.08 144.32 US Highway 72.08 177.84 State Highway 94.10 217.69 Farm-to-Market 118.18 225.28 By Road Type Traffic Crashes Road Type per 100 million vehicle miles Rural Urban 2 lane, 2 way 102.13 213.77 4 or more lanes, 62.95 158.28 divided 4 or more lanes, 97.61 283.09 undivided Information contained in this report represents reportable data collected from Texas Peace Officer's Crash Reports(CR-3) received and processed by the Department as of May 6,2019. s e w 50 MPH s Proposed speed reduction to 45mph from Smithifeld / Bridge to 900' north of Odell M 1j 40 MPH lei RH Davis-40mph PROPOSED 45mph ........................... Davis-50mph N "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 26, 2020 SUBJECT: Authorize the City Manager to execute a Signalization Agreement with Trinity Metro and NRH Iron Horse, LLC to provide for the design, construction and installation of a traffic signal at the intersection of Iron Horse Boulevard and Boulder Drive. PRESENTER: Caroline Waggoner, Director of Public Works SUMMARY: The City Council is being asked to approve a multi-party agreement with Trinity Metro (acting on behalf of the Fort Worth Transportation Authority) and NRH Iron Horse, LLC (affiliated with the Spanos Corporation) to allow for the design, construction and installation of a traffic signal at the intersection of Iron Horse Boulevard and Boulder Drive to serve the TEXRail Iron Horse rail station. GENERAL DESCRIPTION: Trinity Metro is operating a 27-mile commuter rail line along the Cotton Belt corridor from downtown Fort Worth through several Tarrant County cities and up to DFW Airport. North Richland Hills has two rail stations along this line located along the tracks at Iron Horse Boulevard / Boulder Drive and on Smithfield Road just north of Mid-Cities Boulevard. When Trinity Metro was in the design phase of the two NRH stations, they performed traffic studies to determine impact of the station traffic on nearby city streets. The study found that the station traffic, in conjunction with development of the adjacent properties within the Iron Horse transit oriented development zone, will generate sufficient trips at the Boulder Drive intersection to warrant a traffic signal. As in similar development- based signal warrant scenarios, the cost of the signal (approximately $380,000) is considered part of the developers' infrastructure responsibility, and the City of North Richland Hills will not be contributing financially to its design and installation. With the adjacent TOD property now in active development, the terms of a multi-party agreement have been established by legal representatives of all three entities: Trinity Metro, NRH Iron Horse LLC, and the city. The basic terms of the agreement are that the cost of design and construction will be borne in a 60/40 ratio, with Trinity Metro covering the 60% portion. The city is agreeing to provide timely review and approval of the plans, and to accept ownership of the signal upon acceptance of the construction. A two-year maintenance bond will be provided to cover any defects in workmanship. While NRH Iron Horse, LLC has already executed the agreement, both Trinity Metro "I r*4W NOLa`C`H KIC"HLAND HILLS and North Richland Hills will be presenting the agreement to their respective voting bodies on October 26, 2020. The agreement has no immediate financial implications for the city. Future operation and maintenance of the signal will be incorporated into the city's annual operating budget. RECOMMENDATION: Authorize the City Manager to execute a Signalization Agreement with Trinity Metro and NRH Iron Horse, LLC, for the design, construction and installation of a traffic signal at the intersection of Iron Horse Boulevard and Boulder Drive. SIGNALIZATION AGREEMENT BOULDER DRIVE & IRON HORSE BOULEVARD TEXRAIL IRON HORSE STATION THE STATE OF TEXAS § COUNTY OF TARRANT § THIS SIGNALIZATION AGREEMENT ("Agreement") by and among FORT WORTH TRANSPORTATION AUTHORITY, a Texas regional transportation authority, doing business as Trinity Metro ("Trinity Metro"), the CITY OF NORTH RICHLAND HILLS (the "City"), a Texas home-rule municipal corporation, and NRH IRON HORSE, LLC, a Delaware limited liability company (the "Developer"), is executed on the date of the last party's execution as indicated below (the "Execution Date") to be effective as of the Effective Date (as defined below). In this Agreement, Trinity Metro, the City, and the Developer are collectively referred to as the "parties," and each, individually, as a "party." RECITALS WHEREAS, Trinity Metro has constructed and is operating a 27-mile commuter rail line known as TEXRaiI (the "TEXRaiI Project") that extends from downtown Fort Worth, Texas, through the City to DFW International Airport; and WHEREAS, the TEXRaiI Project includes a railway station, parking area, and related improvements and amenities known as the "Iron Horse Station," which have been constructed in the City near the intersection of Iron Horse Boulevard and Boulder Drive, both of which streets are located in the City and are operated, maintained, policed, and regulated by the City; and WHEREAS, the parties have agreed that for the safety of vehicular, .bicycle, and pedestrian traffic, including traffic entering and exiting the Iron Horse Station, a traffic signal should be installed at the intersection of Iron Horse Drive and Boulder Drive, as shown on Exhibit A,which is attached to and hereby made a part of this Agreement(said traffic signal being called the "Signal" in this Agreement); and WHEREAS, the Developer has contracted to purchase real property (the "Developer Property") in the vicinity of the Iron Horse Station that will benefit from the installation and operation of the Signal; and SIGNALIZATION AGREEMENT/TEXRAIL IRON HORSE STATION -Page 1 7581414v7�s6s6o.000so.000> WHEREAS,the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes local governmental entities to contract with one another to perform governmental functions and services under the terms thereof, and Trinity Metro and the City have determined that mutual benefits and advantages can be obtained by formalizing their agreement as to the installation and subsequent operation and maintenance of the Signal; AGREEMENT NOW, THEREFORE, in consideration of these premises and the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, Trinity Metro, the City, and the Developer agree as follows: ARTICLE 1. SIGNALIZATION 1.1. Signal Plans. Within 120 days after the Effective Date of this Agreement, Trinity Metro will provide to the Developer and the City for their review and approval construction plans and specifications for the Signal ("Preliminary Plans") that will be in form, substance, and completeness, suitable for use as final construction plans and specifications for the Signal if no revisions are required by the City or the Developer. The Preliminary Plans shall be designed and prepared by an engineering firm (the "Design Firm"), and pursuant to a design contract (the "Design Contract"), approved in advance by the Developer, such approval not to be unreasonably withheld, conditioned, or delayed (the "Developer's Approval"); thereafter, any material revision to the Design Contract will also be subject to the Developer's Approval. The Preliminary Plans shall include complete specifications for the materials and methods required for the construction and operation of the Signal in accordance with the City's requirements, including, as applicable, specifications for all lamps, LEDs, ballasts, conduit, interconnect cables, poles, bases, mounting brackets, cables and guys, fastenings, connections, power supply, detection equipment, battery backup, controller, and all other materials, equipment, and improvements and all other hardware and software necessary for the construction,testing,and operation of the Signal in accordance with the City's requirements.The design should include a recommended timing plan for the intersection. The City and the Developer shall each within seven days after its receipt of Preliminary Plans (or any revision thereto), submit to Trinity Metro either (a) its approval of the Preliminary Plans or (b) its requirements for revisions thereto. If revisions to the Preliminary Plans are submitted by the SIGNALIZATION AGREEMENT/TEXRAii.,IRON HORSE STATION -Page 2 7581414v7(56860.00050.000 City or the Developer, respectively, within seven days after receipt, Trinity Metro will confer with the City and/or the Developer, as applicable, regarding such revisions and will thereafter promptly issue revised Preliminary Plans agreed upon by Trinity Metro and the City and/or the Developer, as applicable. If no revisions to the Preliminary Plans are submitted by the City or the Developer within the applicable seven-day period, the Preliminary Plans shall be deemed approved by the City and the Developer as of the seventh day after receipt by the City and the Developer, as applicable. Final construction plans and specifications for the Signal approved by the City and the Developer, as modified by change orders, if any, will be referred to in this Agreement as the "Plans." 1.2. Payment for the Plans. When it issues Preliminary Plans to the Developer,Trinity Metro shall also submit to the Developer for its approval the Design Firm's then-current estimate of the actual cost to design and prepare the Plans pursuant to the Design Contract (such estimate being the "Estimated Plan Cost"). Thereafter, Trinity Metro will promptly notify the Developer of any change to the Estimated Plan Cost it receives from the Design Firm. A final Estimated Plan Cost from the Design Firm will be issued to the Developer for approval with Trinity Metro's issuance of the Plans.The Estimated Plan Cost approved by the Developer will be called the "Final Plan Cost." After completion of the Plans, Trinity Metro shall submit one or more invoices to the Developer for reimbursement of 40% of Trinity Metro's cost of the Plans pursuant to the Design Contract,together with reasonable supporting documentation of the invoiced costs. Within 30 days after its receipt of Trinity Metro's invoice for the cost of the Plans, the Developer will pay the invoiced amount as reimbursement of the Developer's 40% share of the cost of the Plans (subject to the Developer's right to withhold any disputed amounts until such dispute is resolved; however, Trinity Metro may, at its option, suspend the Signalization Work [as defined below] if undisputed amounts included in any invoice remain unpaid in full after 30 days); Trinity Metro will be responsible for paying the remaining 60% of the cost of the Plans. The Estimated Plan Cost, the Final Plan Cost, and Trinity Metro's invoice will not include Trinity Metro's overhead costs relating to the Preliminary Plans or the Plans, and the Developer will not pay any such costs. All records relating to the cost of the Plans shall be maintained by Trinity Metro for four years after its receipt of final payment from the Developer,and Trinity Metro will make such records available to the Developer and its accountants for review and accounting upon reasonable notice. SIGNALIZATION AGREEMENT/TEXRAIL IRON HORSE STATION -Page 3 75814140(56860.00050.000) ARTICLE 2. SIGNALIZATION WORK 2.1. Construction of the Signal. Trinity Metro will construct the Signal in accordance with the Plans, such construction being called the "Signalization Work." At its option, Trinity Metro may employ its TEXRail Project construction contractor or other qualified contractor to perform some or all Signalization Work. In the event any person or any entity other than Trinity Metro or its employees performs the construction of all or part of the Signalization Work, Trinity Metro shall remain liable for the work as if Trinity Metro had performed the construction. The City may oversee and/or review the Signalization Work, but it may not require any revision or adjustment of the approved Plans without the prior written agreement of Trinity Metro and the Developer, unless such revision or adjustment is, in the City's sole, but reasonable, discretion, required for health or safety reasons or compliance with applicable city codes or other laws, rules or regulations. Any such modification to the Plans, subject to Developer's Approval of such change order, shalt be documented in a change order executed by all of the parties. Any change order initiated by or on behalf of Trinity Metro or the City modifying the Plans that is reasonably anticipated to materially increase the cost of the Plans pursuant to the Design Contract or to materially increase the cost of the Signalization Work, subject to Developer's Approval of such change order, shall be documented in a change order executed by all of the parties. A two-year Maintenance Bond will be provided to the City on City-approved forms to cover any defects in workmanship for the first two years of operation. 2.2. Payment for Signalization Work. All costs incurred to perform the Signalization Work, including,but not limited to, costs of all materials,equipment, hardware,software, licenses, labor, machinery, vehicles, insurance, permits, project management, premiums for the Maintenance Bond, and any other costs whatsoever required to construct, install, test, and adjust the Signal and perform any other Signalization Work(collectively, "Construction Costs") shall be allocated between Trinity Metro and the Developer, with Trinity Metro bearing 60% of the Construction Costs and the Developer bearing 40%of the Construction Costs. During and/or after completion of the Signalization Work, Trinity Metro shall submit one or more invoices to the Developer for reimbursement of the Developer's share of the Signalization Work incurred through the date of any such invoice, together with reasonable supporting documentation of the invoiced costs. Trinity Metro will not submit invoices more frequently than monthly. Within 30 days after SIGNALIZATION AGREEMEN,r/TEXRAIL IRON HORSE STATION -Page 4 758t414v7(56860.00050.000 its receipt of an invoice from Trinity Metro, the Developer will pay the invoiced amount (subject to the Developer's right to withhold any disputed amounts until such dispute is resolved; however, Trinity Metro may, at its option, suspend the Signalization Work if undisputed amounts included in any invoice remain unpaid in full after 30 days). All records relating to the cost of the Signalization Work shall be maintained by Trinity Metro for four years after its receipt of final payment from the Developer,and Trinity Metro shall make such records available to the Developer and its accountants for review and accounting upon reasonable notice. 2.3. Tests and Inspection of Signalization Work. Trinity Metro will permit the City to make suitable inspections and tests to confirm that the Signalization Work complies with the Plans and to program the Signal to integrate with the City's traffic-signal system. The City shall promptly advise Trinity Metro in writing if in the City's judgment the Signalization Work fails to comply with the Plans, and the City will specify the details of any such purported failure. Trinity Metro and the City will confer regarding the purported failure, and, if applicable, Trinity Metro will promptly take all steps necessary (if any) to cause the Signalization Work to comply with the Plans. 2.4. Completin! the Signalization Work. Trinity Metro will complete the Signalization Work to the degree required to permit the City to test and accept, in writing, the Signal's operation by or before 210 days after Trinity Metro's issuance of the Final Plans. The Signalization Work shall not be considered complete until accepted by the City in writing. ARTICLE 3. TESTING, OPERATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF THE SIGNAL Upon completion of the Signalization Work, the Signal will become the property of the City. The City will install all software required for testing and operation of the Signal and will make adjustments to the Signal resulting from such tests. The City will test, adjust, operate, and maintain the Signal at its sole expense and at no cost to Trinity Metro or the Developer. After completion of the Signalization Work, neither Trinity Metro nor the Developer shall have any responsibility for(a)testing,adjusting, operating, or maintaining the Signal in good working order and repair, (b) the proper operation of the Signal, including coordination with other traffic signals along Iron Horse Parkway, or (c) police enforcement required for securing compliance with the Signal. If the Signal requires repair or replacement, the City, at its sole expense, will promptly SIGNALIZATION AGREEMENT/TEXIZ uL IRON HORSE STATION -Page 5 7581414v7(56860.00050.000) undertake such repair or replacement necessary to ensure the proper operation of the Signal, and if the Signal should be non-operational for any time, the City, at its sole expense, promptly will take all customary and legal measures required to ensure the safety of vehicular, bicycle, and pedestrian traffic at the intersection served by the Signal. The City's obligations under this article will survive the termination of this Agreement. ARTICLE 4. INDEMNIFICATION 4.1. Indemnifications. (a) By the Developer. The Developer agrees to indemnify, hold harmless, and defend Trinity Metro and the City and their respective agents, directors, employees, contractors, and consultants against any and all damages, including, claims for personal injury or damages to property and all court costs, attorneys' fees, and all expenses, for which such indemnitees may be liable due to the negligent or intentional acts or omissions of the Developer, its agents, employees, or contractors in the acquisition, development, and operation of the Developer Property and the exercise of Developer's approval of the design of the Signal or the preparation of the Plans for the Signal and other rights under this Agreement. (b) By Trinity Metro. To the extent not prohibited by applicable law, Trinity Metro agrees to indemnify and hold harmless the City and the Developer and their respective agents, directors, employees, contractors, and consultants against any and all damages, including, claims for personal injury or for damages to property, and all court costs, reasonable attorneys' fees that are necessary and just and awarded by a court of competent jurisdiction, and all reasonable expenses, for which such indemnitees may be liable due to the negligent or intentional acts or omissions of Trinity, its agents, employees, or contractors in the design of the Signal, the preparation of the Plans for the Signal, and the performance of the Signalization Work. Notwithstanding any of the foregoing, Trinity Metro shall not be required to create a sinking fund to satisfy any obligation of the Trinity Metro under this Agreement. (c) By the City.To the extent permitted by applicable law,the City agrees to indemnify and hold harmless Trinity Metro and the Developer and their respective agents, directors, employees, contractors, and consultants against any and all damages, including, claims for personal injury or for damages to property, and all court costs, reasonable attorneys' fees that are necessary and just and awarded by a court of competent jurisdiction, and all reasonable expenses, SIGNALIZATION AGREEMENT/TEXRAIL IRON HORSE STATION -Page 6 75814t+v7(56860.00050. O) for which such indemnitees may be liable due to the negligent or intentional acts or omissions of the City,its agents,employees,or contractors in connection with the testing, adjustment,operation, maintenance, repair, or replacement of the Signal. Notwithstanding any of the foregoing, City shall not be required to create a sinking fund to satisfy any obligation of the City under this Agreement. (d) No Waivers.Nothing in this Agreement shall be construed as a waiver of any rights which may be asserted by a party, including the defense of governmental immunity. (e) Survival. Each party's obligations under this Article 4 will survive the termination of this Agreement. ARTICLE 5. MISCELLANEOUS PROVISIONS 5.1. Electric Power. The City shall arrange for the installation of an electric meter to provide all electrical power required for Signal operations, including that required during construction and testing of the Signal. The meter pedestal base and conduit shall be provided by the Developer and Trinity Metro as part of the Signal design and installation and approved by Oncor. 5.2. Relationship of the Parties; No Joint Enterprise. Nothing in this Agreement is intended to create,nor shall be deemed or construed by the parties or by any third party as creating, (a) the relationship of principal and agent, partnership or joint venture between the Developer,the City, and Trinity Metro (or any two of them) or (b) a joint enterprise between the Developer, the City, Trinity Metro (or any two of them), and/or any other party. Without limiting the foregoing, the purposes for which the Developer,the City,and Trinity Metro have entered into this Agreement are separate and distinct,and there are no pecuniary interests,common purposes and/or equal rights of control among the parties hereto. 5.3. Notices. In each instance under this Agreement in which one party is required or permitted to give notice to another, such notice shall be deemed given(a) when delivered in hand, (b) one business day after being deposited with a reputable overnight air courier service, or (c) three business days after being mailed by United States mail, registered or certified mail, return receipt requested, postage prepaid, and, in all events, addressed as follows: SIGNALIZATION AGREEMENT/TEXF-mL IRON HORSE STATION -Page 7 758 1414v7(56860.00050.000) TRINITY METRO THE CITY THE DEVELOPER Trinity Metro City of North Richland Hills NRH IRON HORSE, LLC Attention: President/CEO Attention: Mark c/o The Spanos Corporation 801 Cherry Street, Suite 850 Hindman4301 City Point Attn: Dimitri Economou Fort Worth, Texas 76102 Drive and Josh Basler North Richland Hills, TX 14900 Landmark 76180 Boulevard, Suite 400 Dallas, Texas 75254 With copy to City Attorney at same address (of which shall not constitute notice) A party hereto may from time to time change its address for notification purposes by giving the other parties written notice of the new address and the date upon which it will become effective. 5.4. Successors and Assigns. This Agreement shall bind, and shall be for the sole and exclusive benefit of, the respective parties and their legal successors and permitted assigns. No party shall assign, sublet, or transfer its obligations or interests under or in this Agreement without the prior written consent of the other parties, unless otherwise provided by law. 5.5. Severability. If any provision of this Agreement, or the application thereof to any person or circumstance, is rendered or declared illegal or otherwise shall be invalid or unenforceable, the remainder of the Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law. 5.6. Written Amendments. No amendment to this Agreement shall be of any effect unless in writing and executed by all of the parties. 5.7. Limitations. All covenants and obligations of the parties under this Agreement shall be deemed to be valid covenants and obligations of said entities, and no officer, director, employee, or consultant of a party shall have personal liability hereunder. 5.8. Force Maieure. In no event shall a party be responsible or liable for any failure or delay in the performance of its obligations hereunder (other than the payment of money) arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation: strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemic or epidemic, natural catastrophes or acts of God, future order of or delay caused by any government, court or regulatory body claiming jurisdiction, including, without limitation delays SIGNALIZATION AGREEMENT/TEXRAIL IRON HORSE STATION -Page 8 ass lalav7(56860 000so 000 in processing or release of necessary permits (including delays that may result in issuance of any permits or certificates of occupancy to Developer if the City were to make the Signal a requirement for such issuance), acts or omissions of another party to this Agreement or any persons or entities not parties to this Agreement,and interruptions, loss,or malfunctions of utilities,communications, or computer services. A party that is delayed due to the circumstances or events described in this section will use all reasonable efforts to resume the performance of its obligations under this Agreement as soon as reasonably possible. 5.9. Sole Benefit. This Agreement is entered into for the sole benefit of the parties and their respective successors and permitted assigns. Nothing in this Agreement or in any approval subsequently provided by either party hereto shall be construed as giving any benefits, rights, remedies, or claims to any other person, firm, corporation or other entity, including, without limitation, the public in general. 5.10. Authorization. Each party to this Agreement represents to the others that it is fully authorized to enter into this Agreement and to perform its obligations hereunder, and that no waiver, consent, approval,or authorization from any third party is required to be obtained or made in connection with the execution, delivery, or performance of this Agreement. Each signatory on behalf of each party is fully authorized to bind that party to the terms of this Agreement. 5.11. Venue. The provisions of this Agreement shall be construed in accordance with the laws and court decisions of the State of Texas, and exclusive venue for any legal actions arising hereunder shall be in Tarrant County, Texas. 5.12. Interpretation. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court,other governmental or judicial authority, or arbitrator by reason of such party having or being deemed to have drafted,prepared, structured, or dictated such provision. 5.13. Waiver. No delay or omission by a party to exercise any right or power hereunder shall impair such right or power or be construed as a waiver thereof. A waiver by a party of any of the covenants, conditions, or agreements to be performed by any other party or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. SIGNALIZATION AGREEMENT/TEXRAIL IRON HORSE STATION - Page 9 75814t4\,7(56860.00050MO) 5.14. Entire Agreement. This Agreement Constitutes flie entire agreement between the parties with respect to the subJect matter hereof. There are no representations, understandings, or agreements relative hereto which are not ffilly expressed in this Agreement. 5.15. Counterparts,. "rii,is Agreement rnay be exeCLIted in several counterparts, each of which shall be deemed an original,and all such counterparts shall constitute one single agreement between the parties. 5.16. I-leadings. "1'1,ie article and sectiotiliead�lifIgSLisediti dais A.greeniciit are ft)rreference and convenience only, and shall not enter into the interpretation hereof. 5.17. Effective Date. The "Effective Date of this Agreement" shall be the date upon which the Developer, either itself'or through an affiliated entity, closes on the purchase of and. acquires title to the Developer Property(the "Closing"),provided that if the Closing does not occur within 180 days following the Execution Date, this Agreement will terminate and be of no force or effect. IN WITNESS WHEREOF,the Developer, the City and Trinity Metro have executed this Agreement on the respective dates shown below, to be effective on the last date listed below. The Developer NRH IRON HORSE,LLC, a Delaware limited liability company By: The Spanos Corporation, a.California Corporation, its Manager B y 5q�l : , 1 --.11 .................Stevei�i"' ohen Executive Vice President Date: , 2020 SIGNALIZATION AGREEMENT/TEXRmL IRON HoRSE STATION ® Page 10 75814140(56860.00050.000) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin On October 8. 2020 before me, Sonia Lopez, Notary Public (insert name and title of the officer) personally appeared Steven L. Cohen who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SONIA LOPEZ WITNESS my hand and official seal. Notary Public-California San Joaquin County. Commission#2190896 My Comm.Expires Apr 11,2021 ry AIX Signature v (Seal) 2L L� IV O'L The City CITY OF NORTH RICHLAND HILLS, a Texas home-rule municipal corporation Mark Hindman, City Manager Date: 2020 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Trinity Metro FORT WORTH TRANSPORTATION AUTHORITY, a Texas regional transportation authority Robert Baulsir,President and CEO Date: , 2020 SIGNALIZATION AGREEMENT/TEXRAIL IRON HORSE STATION- Page I I 7581414v7(56860.00050.000) EXHIBIT A The location of the Signal "-2§ " a ay, � a a!� _ m I mA a ! 91 60. m ®ri �. m. .m �I � a 7 a =a ICiNALIZAT[)N AGREE NIENT/TEXR IL IRON HORSE STATION—Exhibit A 7581414v7(56860.00050.000) w CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-681777 NRH Iron Horse, LLC North Richland Hills, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/22/2020 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. E.2 Iron Horse Blvd.Traffic Signalization Agreement, Design and Construction 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Spanos Ruhl,Alexis Stockton,CA United States X Spanos Berberian, Dea Stockton,CA United States X Spanos, Michael A. Stockton, CA United States X Spanos, Dean A. Stockton, CA United States X Durham, Bill Dallas,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Rosie Ruppel and my date of birth is My address is 10100 Trinity Parkway,5th Floor Stockton CA 95219 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in San Joaquin County, State of California on the 22 day of October 20 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d Proposed Traffic Signal Iron Horse Blvd. / Boulder Drive ✓r i /1 / // /f�rldl��r, ��tsrr/�j;�1� /�� 1><///r rp� V i m. Ir� �� I�/ �s� � *", �llM1lij a /r it �%';, m� � ii/✓l/rj, j%/ iili r f �%/ � %j�� . � l�i/ dl.�lll f! / , iiiaiii� r/�i � %� r r rill/ �j ✓%i��// ! - %� � r /rIV 1 /",: /i///�,�%�„ / � Jr, � l w " r / r r;.- G �r�� r�,rl �/r ,✓.1 ,w�.��», �/%i�, i��G//%/%% r„ Or,,,;,1�: � „ / ;., G P s. / r //� .! a .,✓,J� ,<u,;�� C�,./, % �, b h� o�„��,�, mm ,,, / / ✓// //% %i, r� ✓ � / r ,/l r i G %,r r ,,< irr/ Oi�,,,/I,%/, / // /,. �/ ,r/�,/ � � /�/ ..ro „... , ,.... �".✓ � .wr, ,,,.. r �,AJ,,./, /<./// r. ,: r ,,,., „;..,r�/ ,.Jig/ I�'dI�MILIA9IN�'�d�I�l I�((i%f61'�I?VY�II ll��f�ll��l��IY�i�(0m( f��i�ruv��i��rr(Jrare�.w»ni�r4JlGIMJra'�u .+�^w,�u rtrt �r ri iw�ir�n�J v �r!�R�mR�.��.ioRomJW�Rmi�tt�ta'IMII@�IIRIGIIfRnml�Ndl�Q<a�r�i� � _... ,�,,;,��,,,,,w, A IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: Month, Day, Year SUBJECT: Consider the purchase of hardware, software and maintenance from Red River Technology, LLC, through various Department of Information Resources Cooperative agreements, in the collective amount not to exceed $750,100 for Fiscal Year 2020/2021. PRESENTER: Bob Weakley, Assistant Director of Information Technology SUMMARY: Staff requests City Council to consider approving the purchase of hardware, software and maintenance from Red River Technology, LLC, through Department of Information Resources (DIR) Contracts DIR-TSO-4167, DIR-TSO-4431 and DIR-CPO-4427 cooperative agreements, in the collective amount not to exceed $750,100 for Fiscal Year 2020/2021. GENERAL DESCRIPTION: Red River Technology, LLC is an authorized reseller for many manufacturers that supply technology hardware, software, and related maintenance that are utilized by the city on an annual basis, including Cisco Systems, VMware, Pure Storage, and Veeam. The purchases from Red River Technology will take place over the next year. Staff is requesting City Council consider approving the cumulative annual purchases. Staff anticipates the following purchases during Fiscal Year 2020/2021 in an amount not to exceed $750,100: • Renewal maintenance for Cisco hardware and VMware, RedHat, and Veeam subscription licenses; • Replacement/refresh of technology hardware including network switches, network phones, network storage, wireless access points, enterprise call control platform; • Software and hardware purchases including additional Veeam license, Webex licenses, and additional switches. Red River participates in the State of Texas DIR cooperative purchasing program. By participating in the DIR program, the city meets all state competitive bidding requirements. Red River utilizes the following contracts: • DIR-TSO-4167 - expires 07/3/2021 • DIR-TSO-4331 - expires 12/13/2020 • DIR-CPO-4427 - expires 06/10/2021 IrLp NOKTH KICHLAN HILLS Funding for these purchases is included as part of the FY 2020/2021 IT Adopted Operating Budget, Adopted Capital Projects Budget and CARES grant funding. Staff has utilized Red River in the past with success and recommends approval. RECOMMENDATION: Consider the purchase of hardware, software and maintenance from Red River Technology, LLC, through various Department of Information Resources Cooperative agreements, in the collective amount not to exceed $750,100 for Fiscal Year 2020/2021. DIR Contract No. DIR-TSO-4167 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES Cisco Systems, Inc. 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter "DIR") with its principal place of business at 300 West 151"Street,Suite 1300,Austin,Texas 78701, and Cisco Systems, Inc. (hereinafter "Vendor"), with its principal place of business at 170 West Tasman Drive, San Jose, California 95134. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-TSO-TMP-425, on December 20, 2017, for Cisco Branded Products and Services. Upon execution of this Contract, a notice of award for RFO DIR-TSO-TMP-425 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Appendix D, End User License Agreement; Appendix E, Services Agreement; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP-425, including all addenda; and Exhibit 2, DIR-TSO-TMP-425, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Appendix D, then Appendix E,then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The initial term of this Contract shall be two(2)years commencing on the last date of approval by DIR and Vendor, with three (3) optional one-year renewals. Prior to expiration of each term, the contract will renew automatically under the same terms and conditions unless either party provides notice to the other party 60 days in advance of the renewal date stating that the party wishes to discuss modification of terms or not renew. Additionally, the parties by mutual agreement may extend the term for up to ninety (90) additional calendar days. Department of Information Resources Page 1 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Cisco branded products and services and third-party products that complement the Cisco branded products and services as specified in the Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.13 above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.B above. B. Services Services available under this Contract are limited to Cisco branded services as specified in Appendix C, Pricing Index and Appendix E, Services Agreement. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.13 above. C. Emerging Technologies and Future Acquisitions DIR recognizes that technology is ever-evolving and advancing. DIR reserves the right to consider the addition of emerging technologies such as next generation, enhancements and upgrades for products or services that are within the scope of the Cisco Branded Products and Services RFO DIR-TSO-TMP-425. Vendor may propose such products and services throughout the term of the Contract with pricing and terms to be negotiated upon DIR's acceptance. Any determination or acceptance of additions will be at DIR's sole discretion. In addition, DIR and Vendor may mutually agree to add future acquisitions by Cisco to the Contract, with product and service terms, conditions and pricing to be mutually agreed upon in writing by contract amendment. 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A,Section 8, Pricing, Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative Fee. S. DIR Administrative Fee A)The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is three-quarters of one percent (.75%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling$100,000 shall be$750.00. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon thirty(30)calendar days written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. Department of Information Resources Page 2 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. If sent to the State: Kelly A Parker, CTPM, CTCM Director, Cooperative Contracts Department of Information Resources 300 W. 15" St., Suite 1300 Austin,Texas 78701 Phone: (512) 475-1647 Facsimile: (512)475-4759 Email: kelly �arkerCdir,texas,�ov If sent to the Vendor: Lynne Coughlan Cisco Systems, Inc. 170 West Tasman Drive San Jose, California 95134 Phone: (617) 951-6755 Facsimile: (703) 842 -8684 Email: Icoughla@cisco.com 7. Software License,Service and Leasing Agreements A. Software License Agreement 1) Customers acquiring software licenses to Cisco branded products under the Contract shall hold, use and operate such software subject to compliance with the End User License Agreement set forth in Appendix D of this Contract. No changes to the End User License Agreement terms and conditions may be made unless previously agreed to between Vendor and DIR. Customers may not add, delete or alter any of the language in Appendix D; provided however,that a Customer and Vendor may agree to additional terms and conditions that do not diminish a term or condition in the Software License Agreement, or in any manner lessen the rights or protections of Customer or the responsibilities or liabilities of Vendor. Order Fulfiller shall make the Software License Agreement terms and conditions available to all Customers at all times. 2) Compliance with the End User License Agreement is the responsibility of the Customer. DIR shall not be responsible for any Customer's compliance with the End User License Agreement. If DIR purchases software licenses for its own use under this Contract, it shall be responsible for its compliance with the End User License Agreement terms and conditions. B. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract,and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor for Cisco branded products. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Department of Information Resources Page 3 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. For third- party products included in the Appendix C Pricing Index,Vendor will provide the applicable third-party software license agreements to Customer. C. Service Agreement Services provided under this Contract shall be in accordance with the Service Agreement as set forth in Appendix E of this Contract. No changes to the Service Agreement terms and conditions may be made unless previously agreed to by Vendor and DIR. D. Conflicting or Additional Terms In the event that conflicting or additional terms in Vendor Software End User License Agreements, Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. In the event of a conflict, any linked documents may not take precedence over the printed or referenced documents comprising this contract; provided further that any update to such linked documents shall only apply to purchases or leases of the associated Vendor product or service offering after the effective date of the update; and, provided further, that, if Vendor has responded to a solicitation or request for pricing, no update of such linked documents on or after the initial date of Vendor's initial response shall apply to that purchase unless Vendor directly informs Customer of the update before the purchase is consummated. In the event that different or additional terms or conditions would otherwise result from accessing a linked document, agreement to said linked document shall not be effective until reviewed and approved in writing by Customer's authorized signatory. Vendor shall not without prior written agreement from Customer's authorized signatory, require any document that: 1)diminishes the rights, benefits,or protections of the Customer, or that alters the definitions, measurements, or method for determining any authorized rights, benefits, or protections of the Customer; or 2) imposes additional costs, burdens, or obligations upon Customer, or that alters the definitions, measurements, or method for determining any authorized costs, burdens, or obligations upon Customer. If Vendor attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to the contract between DIR and Vendor or Vendor and Customer, and Vendor will nonetheless be obligated to perform the contract without regard to the prohibited documents, unless Customer elects instead to terminate the contract,which in such case may be identified as a termination for cause against Vendor. The foregoing requirements apply to all contracts, including, but not limited to, contracts between Customer and Vendor's resellers who pass through product documents and obligations from the Manufacturer or Publisher. Department of Information Resources Page 4 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. 8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. A. Appendix A,Section 3, Definitions,A. Customer, is hereby restated in its entirety as follows: A. Customer - the any Texas state agency, unit of local government, institution of higher education as defined in Section 2054.003, Texas Government Code, the Electric Reliability Council of Texas, the Lower Colorado River Authority, a private school, as defined by Section 5.001, Education Code, a private or independent institution of higher education,as defined by Section 61.003, Education Code, a volunteer fire department, as defined by Section 152.001, Tax Code, and those state agencies purchasing from a DIR contract through an Interagency Agreement, as authorized by Chapter 771, Texas Government Code, any local government as authorized through the Interlocal Cooperation Act,Chapter 791,Texas Government Code, and the state agencies and political subdivisions of other states as authorized by Section 2054.0565, Texas Government Code and, except for telecommunications services under Chapter 2170, Texas Government Code, assistance organizations as defined in Section 2175.001,Texas Government Code to mean: 1) A non-profit organization that provides educational, health or human services or assistance to homeless individuals; 2) A nonprofit food bank that solicits, warehouses, and redistributes edible but unmarketable food to an agency that feeds needy families and individuals; 3) Texas Partners of the Americas,a registered agency with the Advisory Committee on Voluntary Foreign Aid, with the approval of the Partners of the Alliance Office of the Agency for International Development; 4) A group, including a faith-based group,that enters into a financial or non-financial agreement with a health or human services agency to provide services to that agency's clients; 5) A local workforce development board created under Section 2308.253; 6) A nonprofit organization approved by the Supreme Court of Texas that provides free legal services for low-income households in civil matters; 7) The Texas Boll Weevil Eradication Foundation, Inc.,or an entity designated by the commissioner of agriculture as the foundation's successor entity under Section 74.1011, Texas Agriculture Code; 8) A nonprofit computer bank that solicits, stores, refurbishes and redistributes used computer equipment to public school students and their families; and 9) A nonprofit organization that provides affordable housing.Customer's fiscal form or format, which is used when making a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase Order. Notwithstanding the above, nothing in the definition of Customer shall require Vendorto offer products and services to state agencies and political subdivisions of other states as authorized under Chapter 2170,Texas Government Code. B. Appendix A, Section 3, Definitions, G. Purchase Order, is hereby restated in its entirety as follows: Department of Information Resources Page 5 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. G. Purchase Order - the Customer's fiscal form or format, which is used when making a purchase (e.g., formal written Purchase Order, Procurement Card, Electronic Purchase Order, or other authorized instrument). The terms of this agreement supersedes any terms printed on Customer's Purchase Order and any Purchase Order terms are null and void. C. Appendix A,Section 4, General Provisions, D.Assignment, is hereby restated in its entirety as follows: D. Assignment DIR or Vendor may assign the Contract without prior written approval to: i) a successor in interest (for DIR, another Texas state agency as designated by the Texas Legislature), or ii) a subsidiary, parent company or affiliate, or iii) as necessary to satisfy a regulatory requirement imposed upon a party by a governing body with the appropriate authority. Assignment of the Contract under the above terms shall require written notification by the assigning party. Any other assignment by a party shall require the written consent of the other party. Each party agrees to cooperate to amend the Contract as necessary to maintain an accurate record of the contracting parties. D. Appendix A, Section 4, General Provisions, E. Survival, is hereby restated in its entirety as follows: E.Survival All applicable software license agreements, warranties or service agreements that were entered into between Vendor and a Customer under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Vendor or Order Fulfiller shall survive expiration or termination of the Contract for the term of the Purchase Order, unless the Customer terminates the Purchase Order prior to acceptance by Vendor or its Order Fulfiller. However,regardless of the term of the Purchase Order, no Purchase Order shall survive the expiration or termination of the Contract for more than five years, unless Customer makes an express finding and justification for the longer term. The finding and justification must either be included in the Purchase Order, or referenced in it and maintained in Customer's procurement record. Rights and obligations under this Contract which by their nature should survive, including, but not limited to the DIR Administrative Fee; and any and all payment obligations invoiced prior to the termination or expiration hereof; obligations of confidentiality; and, indemnification, will remain in effect after termination or expiration hereof. E. Appendix A, Section 5, Intellectual Property Matters, is hereby restated in its entirety as follows: This contract does not contemplate, authorize or support acquisition of custom software products or services or the creation of intellectual property. If Vendor and Customer seek to contract for such product or service, they must use a separate contract or seek amendment with DIR of this contract. If DIR and Vendor decide to authorize customized software or hardware products or the creation of intellectual property, then the terms and conditions of ownership of intellectual property will be negotiated between the parties at such time. Department of Information Resources Page 6 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. F. Appendix A, Section 7, Contract Fulfillment and Promotion, A. Service, Sales and Support of the Contract, is hereby restated in its entirety as follows: A. Service,Sales and Support of the Contract Vendor shall provide service, sales and support resources to serve all Customers throughout the State. It is the responsibility of the Vendor to sell, market, and promote services available under the Contract. Vendor shall use its commercially reasonable efforts to ensure that potential Customers are made aware of the existence of the Contract. All sales to Customers for services available under the Contract shall be processed through the Contract. G. Appendix A,Section 7, Contract Fulfillment and Promotion, C. Product Warranty and Return Policies, is hereby restated in its entirety as follows: C. Product Warranty and Return Policies Order Fulfiller will adhere to the Vendor's then-currently published policies concerning product warranties and returns. Product warranty and return policies for Customers will not be more restrictive or more costly than warranty and return policies for other similarly situated Customers for like products. Warranty and returns for third-party products will be subject to the separate policies and terms set forth by the applicable third-party, provided said policies and terms were provided to Customers prior to acceptance by Customer of the third-party products. Vendor/Order Fulfiller will assign any such warranty and return rights to Customer, to the extent applicable. H. Appendix A, Section 7, Contract Fulfillment and Promotion, E. Internet Access to Contract and Pricing Information, is hereby restated in its entirety as follows: E. Internet Access to Contract and Pricing Information 1) Vendor Website Within thirty(30) calendar days of the effective date of the Contract,Vendor will establish and maintain a website specific to the product and service offerings under the Contract which is clearly distinguishable from other, non-DIR Contract offerings at Vendor's website. The website must include: a) the products and services awarded (alternatively, categories); b) description of product and service (categories) awardedi c) a current price list or mechanism (for example, a services calculator or product builder)to obtain specific contracted pricing; d) discount percentage (%) off MSRP or List Price; e) designated Order Fulfillers; f) contact information (name, telephone number and email address) for Vendor and designated Order Fulfillers; g) instructions for obtaining quotes and placing Purchase Orders; h) warranty policies; i) return policies; j) the DIR Contract number with a hyperlink to the Contract's DIR webpage; k) a link to the DIR "Cooperative Contracts" webpage; and 1) the DIR logo in accordance with the requirements of this Section. Department of Information Resources Page 7 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. If Vendor does not meet the webpage requirements listed above, DIR may cancel the contract without penalty; provided however, that Vendor is provided written notice of the website's non-compliance, and Vendor fails to correct such non-compliance withing thirty (30) calendar days. 2) Accurate and Timely Contract Information Vendor warrants and represents that the website information specified in the above paragraph will be accurately and completely posted, maintained and displayed in an objective and timely manner. Vendor, at its own expense, shall correct any non-conforming or inaccurate information posted at Vendor's website within thirty (30) business days after written notification by DIR. 3) Website Compliance Checks Periodic compliance checks of the information posted for the Contract on Vendor's website will be conducted by DIR. Upon request by DIR,Vendor shall provide verifiable documentation that pricing listed upon this website is compliant with the pricing as stated in Section 4 of the Contract. 4) Website Changes Vendor hereby consents to a link from the DIR website to Vendor's website in order to facilitate access to Contract information.The establishment of the link is provided solelyfor convenience in carrying out the business operations of the State. DIR reserves the right to terminate or remove a link at any time, in its sole discretion, without advance notice, or to deny a future request for a link. DIR will provide Vendor with subsequent notice of link termination or removal. Vendor shall provide DIR with timely written notice of any change in URL or other information needed to access the site and/or maintain the link. 5) Use of Access Data Prohibited If Vendor stores, collects or maintains data electronically as a condition of accessing Contract information,such data shall only be used internally by Vendor for the purpose of implementing or marketing the Contract, and shall not be disseminated to third parties or used for other marketing purposes. The Contract constitutes a public document under the laws of the State and Vendor shall not restrict DIR or Customer access to Contract terms and conditions including pricing, i.e.,through use of restrictive technology or passwords. 6) Responsibility for Content Vendor is solely responsible for administration, content, intellectual property rights, and all materials at Vendor's website. DIR reserves the right to require a change of listed content if, in the opinion of DIR, it does not adequately represent the Contract. I. Appendix A, Section 7, Contract Fulfillment and Promotion, G. Vendor and Order Fulfiller Logo, is hereby restated in its entirety as follows: G. Vendor and Order Fulfiller Logo In the event DIR should need use of Vendor's or Order Fulfiller's Logos, mutually agreed upon criteria will be coordinated with Vendor. Department of Information Resources Page 8 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. J. Appendix A, Section 8, Pricing, Purchase Order, Invoices, and Payments, C. Customer Price, is hereby restated in its entirety as follows: C. Customer Price 1)The price to the Customer shall be calculated as follows: Customer Price=(MSRP or List Price—Customer Discount as set forth in Appendix C, Pricing Index)x(1+ DIR Administrative Fee, as set forth in the Contract). 2) Customers purchasing products and services under this Contract may negotiate more advantageous pricing or participate in special promotional offers. In such event,a copy of such better offerings shall be furnished to DIR upon request. 3) If pricing for Vendor's products or services available under this Contract are provided by Vendor at a lower price to: (i) an eligible Customer in Texas who is not purchasing those products or services under this Contract or (ii) any other Texas entity or consortia authorized by Texas law to sell said products and services to eligible Customers, then the available Customer Price in this Contract shall be adjusted to that lower price prospectively. This requirement applies to products or services quoted directly by Vendor for a quantity of one(1) under like terms and conditions, and does not apply to volume or special pricing purchases. Upon either Customer's notice to Vendor, or Vendor's notice to Customer that the party(ies) have become aware of this pricing differential and the pricing differential has been confirmed by Vendor or Customer provides reasonable confirmation to Vendor, this Contract shall be amended within ten (10) business days to reflect the lower price. K. Appendix A, Section 8, Pricing, Purchase Orders, Invoices, and Payments, G. Changes to Prices, is hereby replaced in its entirety as follows: G. Changes to Prices Vendor may change the price of any product or service at any time, based upon changes to the MSRP, but discount levels shall remain consistent with the discount levels specified in this Contract. Vendor may revise its pricing(but not its discount rate, if any, and not the products or services on its contract pricing list) by posting a revised pricing list. Such revised pricing lists are subject to review by DIR. If DIR finds that a product's or service's price has been increased unreasonably, DIR may request Vendor to reduce its pricing for the product or service to the level published before the revision. Vendor must reduce its pricing or remove the product or service from its pricing list within thirty (30) calendar days. Failure to do so will constitute an act of default by Vendor. L. Appendix A,Section 8, Pricing, Purchase Orders, Invoices,and Payments, K.Transfer of Title, is hereby added to this section as follows: K.Transfer of Title Transfer of Title shall occur upon acceptance of goods. Customer shall have five (5) business days after receipt to accept products. Absent written rejection within five (5) business days, Department of Information Resources Page 9 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. products will be deemed accepted, without waiving the right to return products as set forth under Vendor and product warranty provisions. M. Appendix A, Section 9, Contract Administration, B. Reporting and Administrative Fees, is hereby restated in its entirety as follows: 1) Reporting Responsibility a) Vendor shall be responsible for reporting all products and services purchased under the Contract. Vendor shall file the monthly reports, subcontract reports, and pay the administrative fees in accordance with the due dates specified in this section. b) DIR shall have the right to verify required reports and to take any actions necessary to enforce its rights under this section, including but not limited to, compliance checks of Vendor's applicable Contract books at DIR's expense. Vendor will provide all required documentation at no cost. 2) Detailed Monthly Report Vendor shall electronically provide DIR with a detailed monthly report in the format required by DIR showing the dollar volume of any and all sales under the Contract for the previous month period. Reports shall be submitted to the DIR ICT Cooperative Contracts E-Mail Box at ict.sales dir,texas.gov. Reports are due on the fifteenth (15t")calendar day after the close of the previous month period. If the 15th calendar day falls on a weekend or state or federal holiday, the report shall be due on the next business day. It is the responsibility of Vendor to collect and compile all sales under the Contract from participating Order Fulfillers and submit one(1)monthly report. The monthly report shall include, per transaction: the detailed sales for the period, Order Fulfiller's Company name, if applicable, Customer name, invoice date, invoice number, description, part number, manufacturer (brand), quantity, unit price, extended price, Customer Purchase Order number, contact name, Customer's complete billing address, and other information as required by DIR. Each report must contain all information required by DIR and listed above per transaction or the report will be rejected and returned to the Vendor for correction in accordance with this section. Vendor shall report in a manner required by DIR which is subject to change dependent upon DIR's business needs. Failure to do so may result in contract termination. 3) Historically Underutilized Businesses Subcontract Reports a) Vendor shall electronically provide each Customer with Vendor's applicable Order Fulfiller's relevant Historically Underutilized Business Subcontracting Report, pursuant to the Contract, as required by Chapter 2161,Texas Government Code. Reports shall also be submitted to DIR. b) Reports shall be due in accordance with the CPA rules. 4) DIR Administrative Fee a) An administrative fee shall be paid by Vendor to DIR to defray the DIR costs of negotiating, executing, and administering the Contract.The maximum administrative fee is set by the Texas Legislature in the biennial General Appropriations Act. DIR will review Vendor monthly sales reports, close the sales period, and notify the Vendor of the administrative fee no later than the fourteenth (14th) day of the second month following the date of the reported sale. Vendor shall pay the administrative fee by the twenty-fifth Department of Information Resources Page 10 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. (25th) calendar day of the second month following the date of the reported sale. For example, Vendor reports January sales by February 15th; DIR closes January sales and notifies Vendor of administrative fee by March 14th; Vendor submits administrative fee for January sales by March 25th. b) DIR may change the amount of the administrative fee upon thirty (30) calendar days written notice to Vendor without the need for a formal contract amendment. c) Vendor shall reference the DIR Contract number, reporting period,and administrative fee amount on any remittance instruments. d) Notwithstanding the foregoing, DIR shall timely provide to Vendor a report of all ineligible sales or other reporting discrepancies (including administrative fees), based on DIR's review of available sales information. 5) Accurate and Timely Submission of Reports a) The reports and administrative fees shall be accurate and timely and submitted in accordance with the due dates specified in this section. Vendor shall correct any inaccurate reports or administrative fee payments within ten (10) business days upon written notification by DIR. Vendor shall deliver any late reports or late administrative fee payments within ten (10) business days upon written notification by DIR. If Vendor is unable to correct inaccurate reports or administrative fee payments or deliver late reports and fee payments within three (3) business days, Vendor must contact DIR and provide a corrective plan of action, including the timeline for completion of correction. The corrective plan of action shall be subject to DIR approval, such approval not unreasonably withheld. b) Should Vendor fail to correct inaccurate reports or cure the delay in timely delivery of reports and payments within the corrective plan of action timeline, DIR reserves the right to require an independent third party audit of the Vendor's records as specified in C.3 of this Section, at Vendor's expense. DIR will select the auditor(and all payments to auditor will require DIR approval). c) Failure to timely submit three (3) reports or administrative fee payments within any rolling twelve (12) month period may, at DIR's discretion, result in the addition of late fees of $100/day for each day the report or payment is due (up to $1000/month) or suspension or termination of Vendor's Contract. N. Appendix A,Section 9,Contract Administration,C. Records and Audit, paragraph 3, is hereby restated in its entirety as follows: 3) Vendor and/or Order Fulfillers shall grant access to all paper and electronic records, books, documents, accounting procedures, practices and any other items relevant to the performance of the Contract to the DIR Internal Audit department or DIR Contract Management staff, including the compliance checks designated by the DIR Internal Audit department, DIR Contract Management staff,the State Auditor's Office,and of the United States, and such other persons or entities designated by DIR for the purposes of inspecting, Compliance Checking and/or copying such books and records. Vendor and/or Order Fulfillers shall provide copies and printouts requested by DIR without charge. DIR shall provide Vendor and/or Order Fulfillers thirty (30) business days' notice prior to inspecting, Compliance Checking, and/or copying Vendor's and/or Order Fulfiller's records. Vendor's and/or Order Fulfillers records, whether paper or electronic, shall be Department of Information Resources Page 11 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. made available during regular office hours. Vendor and/or Order Fulfiller personnel familiar with the Vendor's and/or Order Fulfiller's books and records shall be available to the DIR Internal Audit department, or DIR Contract Management staff and designees as needed. Vendor and/or Order Fulfiller shall provide adequate office space to DIR staff during the performance of Compliance Check. If Vendor is found to be responsible for inaccurate reports, DIR may invoice for the reasonable costs of the audit, which Vendor must pay within thirty(30) calendar days of receipt. O. Appendix A,Section 10,Vendor Responsibilities,A. Indemnification,2)ACTS OR OMISSIONS, is hereby restated in its entirety as follows: 2)ACTS OR OMISSIONS Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AND/OR PERMITTED ASSIGNEES, FROM ANY AND ALL LIABILITY,ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED REASONABLE COSTS, ATTORNEY FEES, AND EXPENSES resulting from bodily injury (including death) or damage to tangible property to the extent arising out of, or resulting from any negligent acts or omissions, or willful misconduct of the Vendor or its agents, employees, or subcontractors, in the execution or performance of the Contract and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS AND BY CUSTOMER'S LEGAL COUNSEL FOR NON-STATE AGENCY CUSTOMERS. VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. P. Appendix A, Section 10, Vendor Responsibilities, A. Indemnification, 3) INFRINGEMENTS, is hereby restated in its entirety as follows: 3) INFRINGEMENTS a)Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third-party claims alleging infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.VENDOR SHALL BE LIABLE TO PAY ALL REASONABLE COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES.THE DEFENSE SHALL BE COORDINATED BY THE OFFICE OF THE ATTORNEY GENERAL FOR TEXAS STATE AGENCY CUSTOMERS AND BY CUSTOMER'S LEGAL COUNSEL FOR NON-STATE AGENCY CUSTOMERS. VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. Notwithstanding the foregoing, such indemnity shall not apply, and Vendor shall have no liability under this section if the alleged infringement is caused by: 1) Modification of a product by Customer or a third party Department of Information Resources Page 12 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. 2) The amount or duration of use which Customer makes of the Product, revenue earned by Customer from services it provides that use the Product, or services offered by Customer to external or internal customers 3) Combination, operation, or use of a product with non-Cisco products, software or business processes 4) Customer's use of the products after Vendor informas Customer of modifications or a change required to avoid such claims and offers to implement those changes 5) Any modifications made to the Product by the Vendor pursuant to Customer's specific instructions. b) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor's sole option and expense: (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer's use is non-infringing. Q. Appendix A, Section 10,Vendor Responsibilities, A. Indemnification, 4) Property Damage, is hereby deleted in its entirety. R. Appendix A, Section 10, Vendor Responsibilities, B. Taxes/Worker's Compensation/ UNEMPLOYMENT INSURANCE, Paragraph 2), is hereby restated in its entirety as follows: 2) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES,AGENTS, REPRESENTATIVES, CONTRACTORS,AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, REASONABLE ATTORNEYS' FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING REASONABLE ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. S. Appendix A, Section 10, Vendor Responsibilities, N. Required Insurance Coverage, is hereby restated in its entirety as follows: N. Required Insurance Coverage As a condition of this Contract with DIR, Vendor shall provide certificates of insurance, or other proof of insurance acceptable to DIR, reflecting maintenance of the listed insurance coverage within 5 business days of execution of the Contract if the Vendor is awarded services which require that Vendor's employees perform work at any Customer premises and/or use employer vehicles to conduct work on behalf of Customers. In addition,when engaged by a Customer to provide services on Customer premises,the Vendor shall, at its own expense, secure and maintain the insurance coverage specified herein, and shall Department of Information Resources Page 13 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. provide certificates of insurance,or other proof of such insurance coverage acceptable to Customer to the related Customer within five (5) business days following the execution of the Purchase Order. Vendor may not begin performance under the Contract and/or a Purchase Order until such proof of insurance coverage is provided to, and approved by, DIR and the Customer. All required insurance must be issued by companies that have an A rating and a Financial Size Category Class of VII from A.M. Best and are licensed in the State of Texas and authorized to provide the corresponding coverage. Required coverage must remain in effect throughout the term of the Contract and each Purchase Order issued to Vendor thereunder. The minimum acceptable insurance provisions are as follows: 1) Commercial General Liability Commercial General Liability must include $1,000,000 per occurrence for Bodily Injury and Property Damage,with a separate aggregate limit of$2,000,000; Personal Injury and Advertising Liability of $1,000,000; Products/Completed Operations Aggregate Limit of $2,000,000; and Damage to Premises Rented: $50,000. Agencies may require additional Umbrella/Excess Liability insurance. The policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract; b) Independent Contractor coverage; c) State of Texas, DIR and Customer included as an additional insured, but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant this Agreement; and d) Waiver of Subrogation, but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant to this Agreement. 2) Workers' Compensation Insurance WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY COVERAGE MUST INCLUDE LIMITS CONSISTENT WITH STATUTORY BENEFITS OUTLINED IN THE TEXAS WORKERS' COMPENSATION ACT (ART. 8308-1.01 ET SEQ. TEX. REV. CIV. STAT) AND MINIMUM POLICY LIMITS FOR EMPLOYERS' LIABILITY OF $1,000,000 BODILY INJURY PER ACCIDENT,$1,000,000 BODILY INJURY DISEASE PER EMPLOYEE AND$1,000,000 PER DISEASE POLICY LIMIT. 3) Business Automobile Liability Insurance Business Automobile Liability Insurance must cover all owned, non-owned and hired vehicles with a minimum combined single limit of $500,000 per occurrence for bodily injury and property damage.The policy shall contain the following endorsements in favor of DIR and/or Customer: a) Waiver of Subrogation, but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant to this Agreement; and b) State of Texas, DIR and Customer included as an additional Insured, but only to the extent of liabilities falling within Vendor's contractual and indemnity obligations pursuant to this Agreement. T. Appendix A, Section 10, Vendor Responsibilities, X. Use and Protection of Confidential Information, is hereby added to Appendix A as follows: Department of Information Resources Page 14 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. X. Use and Protection of Confidential Information Customer and Vendor agree that in connection with this Contract and their relationship,they may come into possession of another party's Confidential Information. The receiving party shall at all times keep in trust and confidence all such Confidential information received, and shall not use such Confidential Information other than as expressly authorized by the disclosing party under this Agreement, nor shall the receiving party disclose any such Confidential Information to third parties without the disclosing party's written consent. Notwithstanding the above, Vendor shall be authorized to disclose Customer's Confidential Information to order fulfillers, contractors or employees of a Vendor entity who have a legitimate business need to have access to such information to fulfill Customer's purchase orders. Notwithstanding any record retention policies and laws, the receiving party shall immediately return to the disclosing party all Confidential Information (including copies thereof)in the receiving party's possession,custody,or control upon termination or expiration of this Agreement. The obligations of confidentiality shall not apply to information which (a) has entered the public domain, except where such entry is the result of the receiving party's breach of this Agreement; (b) prior to disclosure hereunder was already rightfully in the receiving party's possession; (c) subsequent to disclosure hereunder is obtained by the receiving party on a non-confidential basis from a third party who has the right to disclose such information to the receiving party. Additionally, the receiving party is authorized to disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the receiving party provides(i)prior written notice to the disclosing party of such obligation and (ii) the opportunity to oppose such disclosure. Customer and DIR may disclose information necessary to comply with the Texas Public Information Act. Vendor shall not disclose, advertise, or publish the terms and conditions of this Agreement without the prior written consent of the Customer.Any press release or publication by Vendor regarding this Agreement is subject to prior review and written approval of DIR and Customer. Customer and DIR may publish the contract and Agreement in its customary manner or as required by law. U. Appendix A, Section 11, Contract Enforcement, B. Termination, 1) Termination for Non- Appropriation, a)Termination for Non-Appropriation by Customer, is hereby restated in its entirety as follows: a) Termination for Non-Appropriation by Customer Customer may terminate Purchase Orders if funds sufficient to pay its obligations under the Contract are not appropriated: i) by the governing body on behalf of local governments; ii) by the Texas legislature on behalf of state agencies; or iii) by budget execution authority provisioned to the Governor or the Legislative Budget Board as provided in Chapter 317,Texas Government Code. In the event of non-appropriation, Vendor and/or Order Fulfiller will be provided ten (10) calendar days written notice of intent to terminate. Notwithstanding the foregoing, if a Customer issues a Purchase Order and has accepted delivery of the product or services, they are obligated to pay for the product or services or they may return the product and discontinue using services under any return provisions that Vendor offers. In the event of such termination, the Customer will not be considered to be in default or breach under this Contract, nor shall it be liable for any further payments ordinarily due under this Contract Department of Information Resources Page 15 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. (except for products or services accepted before termination, for which return provisions are provided, which Customer fails to return), nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. V. Appendix A, Section 11, Contract Enforcement, B. Termination, 3) Termination for Convenience, is hereby restated in its entirety as follows: 3) Termination for Convenience DIR may terminate the Contract, in whole or in part, by giving the other party thirty (30) calendar days written notice. A Customer may terminate a Purchase Order or other contractual document or relationship prior to the delivery of the ordered products or services by giving the other party thirty (30) calendar days written notice. Notwithstanding the foregoing, if a Customer issued a Purchase Order and accepted delivery of the ordered products or services,the Customer is obligated to pay for the product or services in accordance with the payment and return provisions contained in this Agreement. W. Appendix A, Section B. Termination, 4. Termination for Cause, b) Purchase Order, is hereby restated in its entirety as follows: b) Purchase Order Customer or Order Fulfiller may terminate a Purchase Order or other contractual document or relationship upon the occurrence of a material breach of any term or condition: (i) of the Contract, or (ii) included in the Purchase Order or other contractual document or relationship in accordance with Section 4.13.2 above, upon the following preconditions: first, the parties must comply with the requirements of Chapter 2260,Texas Government Code, in an attempt to resolve a dispute; second, after complying with Chapter 2260,Texas Government Code,and the dispute remains unresolved, then the non-defaulting party shall give the defaulting party ten (10) calendar days from receipt of notice to cure said default. If the defaulting party fails to cure said default within the timeframe allowed,the non-defaulting party may, at its option and in addition to any other remedies it may have available,cancel and terminate the Purchase Order. Customer may immediately suspend a Purchase Order without advance notice in the event Vendor fails to comply with confidentiality, privacy, security requirements, environmental or safety laws or regulations, if such non-compliance materially relates to vendor provision of goods or services to the Customer. X. Appendix A, Section 11, Contract Enforcement, C. Force Majeure, is hereby restated in its entirety as follows: C. Force Majeure DIR,Customer,Vendor or Order Fulfiller may be excused from performance under the Contract for any period when performance is prevented as the result of an act of God, strike, war, civil disturbance, epidemic, or court order, provided that the party experiencing the event of Force Majeure has prudently and promptly acted to take any and all steps that are within the party's control to ensure performance and to shorten the duration of the event of Force Majeure. The party suffering an event of Force Majeure shall provide notice of the event to the other parties when commercially reasonable. Subject to this provision, such non-performance shall not be deemed a default or a ground for termination. However,a Customer may terminate a Purchase Department of Information Resources Page 16 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. Order if it is determined by the Customer that Order Fulfiller will not be able to deliver product or services in a timely manner to meet the business needs of the Customer. Remainder of page intentionally left blank Department of Information Resources Page 17 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4167 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. Cisco Systems, Inc. Authorized By: Signature on File Name: Jennifer Pate Title: Authorized Signatory Date: 6/29/2018 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Hershel Becker/Colleen Berkley, Procurement Director On Behalf of Hershel Becker Title: Chief Procurement Officer Date: 7/3/2018 Office of General Counsel: Signature on File. 6/29/2018 Department of Information Resources Page 18 of 18 (DIR rev 03/2018) DIR Contract No. DIR-TSO-4331 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES PURE STORAGE, INC. 1. Introduction A. Parties This Contract for products and related services ("Contract") is entered into between the State of Texas ("State"), acting by and through the Department of Information Resources ("DIR") with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and Pure Storage, Inc. ("Vendor"), with its principal place of business at 650 Castro Street, Suite 400, Mountain View, California 94041. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-TSO-TMP-422, on March 20, 2018, for Data Storage, Data Communications & Networking Equipment and Related Services. Upon execution of this Contract, a notice of award for RFO DIR-TSO-TMP-422 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract the order of precedence shall be as follows: This Contract; Appendix A, Standard Terms and Conditions for Product and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor's Response to RFO DIR- TSO-TMP-422, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-422, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor. In the event of a conflict between the documents listed in this paragraph, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The initial term of this Contract shall be two (2) years commencing on the last date of approval by DIR and Vendor,with three(3)optional one-year renewals. Priorto expiration of each term,the contract will renew automatically under the same terms and conditions unless either party provides notice to the other party 60 days in advance of the renewal date stating that the party wishes to discuss modification of terms or not Page 1 of 5 Department of Information Resources (DIR rev 3/2018) DIR Contract No. DIR-TSO-4331 Vendor Contract No. renew. Additionally, the parties by mutual agreement may extend the term for up to ninety (90) additional calendar days. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Data Storage, Data Communications & Networking products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.13 above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.13 above. B. Services Services available under this Contract are limited to Data Storage, Data Communications & Networking products related services as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.13 above. 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A,Section 8, Pricing, Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative Fee. S. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is three-quarters of one percent (.75%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling$100,000 shall be $750.00. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated by Vendor in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Kelly A. Parker, CTPM, CTCM Director, Cooperative Contracts Department of Information Resources 300 W. 151h St., Suite 1300 Page 2 of 5 Department of Information Resources (DIR rev 3/2018) DIR Contract No. DIR-TSO-4331 Vendor Contract No. Austin, Texas 78701 Phone: (512) 475-4000 Facsimile: (512) 475-4759 Email: kelly.parker@dir.texas.gov If sent to the Vendor: Kim Bradbury Pure Storage, Inc. 650 Castro Street, Suite 400 Mountain View, California 94041. Phone: (301) 717-9968 Facsimile: (410) 414-2117 Email: kim.bradbur ourestorage.com 7. Shrink/Click-wrap License Agreement A. Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. B. Conflicting or Additional Terms In the event that conflicting or additional terms in Vendor Software License Agreements, Shrink/Click Wrap License Agreements, Service Agreements or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. In the event of a conflict, any linked documents may not take precedence over the printed or referenced documents comprising this contract; provided further that any update to such linked documents shall only apply to purchases or leases of the associated Vendor product or service offering after the effective date of the update; and, provided further, that, if Vendor has responded to a solicitation or request for pricing, no update of such linked documents on or after the initial date of Vendor's initial response shall apply to that purchase unless Vendor directly informs Customer of the update before the purchase is consummated. Page 3 of 5 Department of Information Resources (DIR rev 3/2018) DIR Contract No. DIR-TSO-4331 Vendor Contract No. In the event that different or additional terms or conditions would otherwise result from accessing a linked document, agreement to said linked document shall not be effective until reviewed and approved in writing by Customer's authorized signatory. Vendor shall not [without prior written agreement from Customer's authorized signatory,] require any document that: 1) diminishes the rights, benefits, or protections of the Customer,or that alters the definitions, measurements,or method for determining any authorized rights, benefits, or protections of the Customer; or 2) imposes additional costs, burdens, or obligations upon Customer, or that alters the definitions, measurements, or method for determining any authorized costs, burdens, or obligations upon Customer. If Vendor attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to the contract between DIR and Vendor or Vendor and Customer, and Vendor will nonetheless be obligated to perform the contract without regard to the prohibited documents, unless Customer elects instead to terminate the contract, which in such case may be identified as a termination for cause against Vendor. The foregoing requirements apply to all contracts, including, but not limited to, contracts between Customer and a reseller who attempts to pass through documents and obligations from its Manufacturer of Publisher. 8. Authorized Exceptions to Contract and any Appendices. No exceptions have been agreed to by DIR and Vendor. (Remainder of page intentionally left blank) Page 4 of 5 Department of Information Resources OR rev 3/2018) DIR Contract No. DIR-TSO-4331 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. PURE STORAGE, INC Authorized By: Signature on File _ Name: Gary Newgaard Title: Vice President Public Sector Date: 12/11/2018 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date: 12/13/2018 Office of General Counsel: MH 12/12/2018 Page 1 of 5 Department of Information Resources (DIR rev 3/2018) CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.'1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,S,and 6 If there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing tonn,and the city,state and country of the business entity's place Certificate Number: of ibusiness. 2020-675204 Red River Technology LLC I Claremont,NH united States Date Filed: 2 Name Of governmeRM in-igy-or state agency VXt is a parly to a—*co;TrM for WhWh the orate 10/0512020 being filed. City of North Richland Hills Date Acknowledged., 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and Provide a description of the services,goods,or other property to be proirlded under the contract DIR-TSO-4167 Hardware maintenance,software license subscriptions and hardwarelsoftware purchases associated with DIR contracts DlR-TS0- 4167,[SIR-TSO-4331, and DIR-CP04427. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) controlli2y Intermediaxy Juranek,Jason Claremont,NH United States X Dumas,Alan Claremont,NH United States X McGee, Dan Claremont,NH United States X Bolduc, Rick Claremont,NH United States X RR Technology Holdings LLC Claremont,NH United States X 5 Check only it there is NO Interested Party, 6 UNSVIMN DECLARATION MY name is and my date of birth is AIA4 2-1, 1 t3,3 My address 2vo H-ztvt*i Ave. vs�' ' 14ewco-p-lc- NY (003--3 Us A (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct O Executed in yo County, State of �4elA-) Ye-k on the _day of 0*19e-r 2Q2!2_. (nionth) (Yost) Signature of authorized agent of contracting business entity Forms provided by Texas Ethics Commission www.ethiCsstate.tx.us Version V1.13a6aaf7d IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 26, 2020 SUBJECT: Authorize rejection of all bids received for Bid No. 20-029 for construction of the Fire and Police Training Center fence located at 7204 Dick Fisher Drive. PRESENTER: Chris Amarante, Director of Facilities & Construction SUMMARY: This item is to reject all bids received for the construction of the Fire and Police Training Center fence located at 7204 Dick Fisher Drive. GENERAL DESCRIPTION: The City of North Richland Hills requested bids for the construction of additional fencing on the east side of the Fire and Police Training Center. The new section of the fence was proposed to match the existing fence in style and color, and connect the existing fence on the east side of the Fire Training Pad to Fire and PD Training Center and then to the Animal Adoption and Rescue Center (AARC). This would have created a secured parking lot with automatic gates for access controls for fire and police vehicles and four personnel gates to provide primary and secondary entrapment safeties in accordance with state and national safety guidelines. Notice of the city's intent to bid was advertised as required by state statute and posted on the city's Purchasing Department web page. Numerous contractors were contacted and requested to participate in this process. The city received three bids on September 16, 2020 from the following three contractors: • Construction Rent-A-Fence $188,930 • Heron Industries Inc. $103,794 • Mart Inc. $194,488 A selection committee approved by the City Manager's Office comprised of representatives from the Information Technology, Fire, Police, Public Works, and Facilities & Construction departments reviewed each proposals. Given that all bids exceed the original budget, City Management recommends rejecting all bids, and placing this this project on hold to allow additional time to evaluate alternative options for securing the training facility. RECOMMENDATION: Authorize rejection of all bids received for Bid No. 20-029 for construction of the Fire and Police Training Center fence located at 7204 Dick Fisher Drive. "I r*4w NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: October 26, 2020 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Early voting for the November 3 election continues through this Friday, October 30. You can vote early at the Dan Echols Center or at any of the early voting locations in Tarrant County. In addition to the race for president and other political offices, the election includes a bond proposition for NRH street improvements. Please visit our website for more information. With COVID-19 continuing to spread, health officials discourage families from trick-or- treating, trunk or treats, haunted houses, parties and other activities considered high risk for spreading the virus. If your family does decide to trick or treat on Halloween, please wear a cloth face mask that covers both your mouth and nose. Remain 6 feet apart from people not in your household. Use hand sanitizer frequently and wash your hands as soon as you return home. If you are sick, please stay home and do not hand out candy. Visit the city's website for more Halloween safety recommendations. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Clayton Comstock, Clayton Husband and Chad VanSteenberg in the Planning Department — The Texas Chapter of the American Planning Association recently recognized the North Richland Hills Transportation Plan as a recipient of the Chapter's 2020 Transportation Achievement Award. Congratulations to our Planning staff, as well as the Vision 2030 Strategic Plan Committee, Planning & Zoning Commission and City Council, for this honor.