The URL can be used to link to this page

2016_04.18 CC Packet KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL AGENDA REGULAR MEETING April 18, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION at 5:30 PM REGULAR SESSION at 7:00 PM I. CALL TO ORDER II.WORK SESSION *NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the right to adjourn into Executive Session at any time during the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted on the agenda. A. Discuss refinancing outstanding debt B. Discuss the TIRZ activity and debt requirements C. Discussion of items on regular agenda III. EXECUTIVE SESSION A. The City Council may meet in closed session at any time during the work session or the regular session, pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda. B. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 6727 Hudson Village Creek Road Park Land Acquisition 2. Link Street Extension Right-of-Way Acquisition IV. REGULAR SESSION V. ROLL CALL VI. INVOCATION VII. UNITED STATES AND TEXAS PLEDGES "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State under God; One and Indivisible." VIII. PRESENTATION 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 A. Presentation by the Texas Police Chiefs Association Foundation IX.VISITOR/CITIZENS FORUM At this time, any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. X. REPORTS/ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. A. Updates from City Council B. Updates from the Mayor C. Updates from the City Manager XI. MONITORING INFORMATION A. Monthly Financials- March 2016 B. Executive Limitations C. Ends Review- Balanced Scorecard XII. INCIDENTAL ITEMS A. Tarrant County College facility review briefing XIII. REQUIRED APPROVAL ITEMS (CONSENT) All matters listed under incidental items (consent) have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Consider approval of minutes from March 21, 2016 meeting B. Consider approval of Resolution 483 expressing official intent to reimburse with tax- exempt obligation proceeds costs associated with certain capital improvements C. Consider action regarding a notice from the Public Utility Commission (PUC) of Texas for a Consumer Price Index(CPI) adjustment to municipal telecommunications right-of-way access line rates. D. Review the annual financial disclosure report E. Approve Schedule of Investment Activity for quarter ending March 31, 2016 F. Consider approval of design contract with Freese and Nichols for the design of a sewer line to serve the Texas Raceway property G. Consider approval of design contract with Freese and Nichols for the hydraulic analysis of the bridge structures under the TxDOT bridge replacement program XIV. DECISION ITEMS A. CASE # PZ 16-04 Public hearing and consideration of approval on a request by Chesapeake Land Development Co. for a replat of approximately 2.752 acres located at 400 Bolen Rd, known as George Case Addition Block A Lot 3, Kennedale, Tarrant County, Texas. The replat would create lots 3R &4. 1. Staff presentation 2. Applicant presentation 3. Public hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council B. CASE # PZ 16-05 Public hearing and consideration of approval on a request by Linda Miller for a minor replat of approximately 5 acres located at 411 and 431 Kevin Miller Rd, a portion of Lot 9 of the J. M. Estes Home Tracts, Kennedale, Tarrant County, Texas. The replat would create lots 1 &2, Block 1, Miller Hill Addition. A variance from the cul-de-sac requirements of Section 17-303(a)(8) is requested. 1. Staff presentation 2. Applicant presentation 3. Public hearing 4. Applicant response 5. Staff response and summary 6. Action by the Planning &Zoning Commission C. Consider approval of Ordinance 594 to eliminate the required minimum spacing for outdoor storage from the public right-of-way XV. RECONVENE INTO OPEN SESSION,AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED XVI.ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the April 18, 2016, agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas Government Code. ��¢- aZJLtr Leslie Galloway, CityC8ecretary KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: WORK SESSION -A. I. Subject: Discuss refinancing outstanding debt II. Originated by: III. Summary: Mark McLiney with SAMCO presented the city with a potential refunding debt opportunity to consider. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: WORK SESSION - B. I. Subject: Discuss the TIRZ activity and debt requirements II. Originated by: III. Summary: The TITZ Board is scheduled to meet on Monday, April 18th at 2:00. The two agreements and potential plan modification will incur expenses beyond what the TIRZ has available. These include the sewer extension design and New Hope Road improvements related to the construction of the TxDOT partially funded bridge replacement. These improvements will require funding assistance from the City until the TIRZ can generate funding. It is recommended that the City consider the adoption of a reimbursement resolution in anticipation of the issuance of certificates of obligation. This item has been placed on the agenda in order to discuss the planned activity and required support from the city. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: WORK SESSION - C. I. Subject: Discussion of items on regular agenda II. Originated by: III. Summary: Discussion of items on regular agenda. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: EXECUTIVE SESSION -A. I. Subject: The City Council may meet in closed session at any time during the work session or the regular session, pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda. II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: EXECUTIVE SESSION - B. I. Subject: The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 6727 Hudson Village Creek Road Park Land Acquisition 2. Link Street Extension Right-of-Way Acquisition II. Originated by: III. Summary: IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: PRESENTATION -A. I. Subject: Presentation by the Texas Police Chiefs Association Foundation II. Originated by: Tommy Williams, Police Chief III. Summary: This is the official presentation of the certificate to the city for the police department's Recognition certification. The presentation is being done by Chief Tom Shehan, D/FW Airport Police (Ret.), representing the Texas Police Chiefs Association Foundation. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: None VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: REPORTS/ANNOUNCEMENTS -A. I. Subject: Updates from City Council II. Originated by: City Council, City Council III. Summary: Updates and information from Council members . IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: None VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: REPORTS/ANNOUNCEMENTS - B. I. Subject: Updates from the Mayor II. Originated by: III. Summary: Updates and information from the Mayor. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: None VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: REPORTS/ANNOUNCEMENTS - C. I. Subject: Updates from the City Manager II. Originated by: Bob Hart III. Summary: Updates and information from City Manager, if any. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: MONITORING INFORMATION -A. I. Subject: Monthly Financials- March 2016 II. Originated by: III. Summary: Overview of the City's revenues/expenditures for all funds compared to budget and previous year. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. March Monthly Financials 016_03 Monthly Financials. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS CU RREN T LI N E I TBA BU DGEf OVERAGES FOR TH E CI TY CURRENT ACCOUNT NUM BBR ACCOUNT NAME BUDGET BALANCE OVERAGE 10-5409-01-02 WASI=WATBRSYSTBV MAINTENANCE 120,000 214,606 94,606 17-5580-12-02 ENGINEERNG 6,000 48,919 42,919 01-5109-10-00 PART-TIM E/TEM POPARY 10,000 41,694 31,694 01-5107-10-00 OVBRTIME 80,000 104,211 24,211 10-5450-01-02 PUM P/M OTOR M AI NTENANCE 28,000 43,985 15,985 15-5615-01-00 FUNCTIONAL GRANT - 10,283 10,283 01-5116-90-00 UNB A PLOW BST I NSJRANCE 6,120 10,053 3,933 17-5570-12-02 SIDECIAL33WCES 7,800 11,344 3,544 01-5570-01-00 SIDECIAL33WCES 8,500 10,535 2,035 01-5540-90-00 I NSJRANCE AUTO 19,208 21,109 1,901 10-5861-90-00 MOTORVBFiICLES 55,000 56,692 1,692 07-5510-01-00 AS93aATION DUESPUBLJCATONS 5,073 6,592 1,519 01-5240-02-00 PR NT®SJ PR J ES 400 1,526 1,126 10-5116-90-00 UNB A PLOYM BAIT I NSJRANCE 990 1,917 927 12-5430-02-00 M OTORVEHI CLE M AI NTENANCE - 550 550 17-5260-12-02 GENEPALOFRCESJPRJES 375 870 495 01-5578-17-00 TRAVEL 365 684 319 01-5260-17-00 GENERAL OFR CE SJPR J ES 158 458 300 01-5590-09-01 WATER SBAIER 3/ICEB 1,800 2,082 282 01-5525-17-00 TRAI NI NG SEM I NABS - 265 265 01-5240-03-00 PR NT®SJ PR J ES 200 459 259 17-5230-12-02 CLEANINGSJPRJES 425 637 212 18-5107-01-00 OVEFn M E - 199 199 01-5578-07-01 TRAVEL 1,612 1,798 186 01-5525-02-00 TRAJ NI NG SEM I NABS 1,000 1,150 150 17-5240-12-02 PR NT®SJPR J ES 75 161 86 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE, TEXAS ANNUAL PROGRAM OF SERVICES FORHy atRag 1201 GENERAL FUND 2,311,239 1202 DEBT33WICE 106,612 1204 CAPITAL PRW ST CONSTRUCTION 61,378 1205 VEHICLEFUND (10,515) 1207 STORM DRAI NAGE UTI L ITY FUND 146,945 1210 WATER AND SEINER FUND (737,348) 1212 COURTSECURITYFUND 10,084 1213 CIP FUND- 1998 00 (60,654) 1214 PARK DEDICATION FUND 171,822 1215 E00 DEV CORPORATION 167,640 1216 COURT TECHNOLOGY FUND 5,438 1217 STREETS I M PROVEM ENT FUND 500,575 1218 ,JUVENI LE CASE MANAGER FUND 21,943 1221 KENNEDALETIFF#1 FUND 34,354 1231 POLJCESBZUREFUND 6,540 1232 U BRARY BUILDING FUND 11,288 1234 LEOSE FUND 1,768 1241 DONATION FUND 60,393 1245 ROADWAY I M PACT FED FUND 270,951 1261 WATER I M PACT FED FUND 150,418 1262 SEVVER IMPACT FEE FUND 58,052 1283 TREE REFORESTATION FUND 67,841 1285 UNCLAIM ED PROPERTY FUND 1,990 1295 EDC RXED ASST/RES9:?\/E 120,038 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY %OF BUDGET BUDGET REVENUES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERAL FUND 3,899,673 6,022,996 6,091,420 290,866 4,304,014 436,952 70.7% 1,787,405 OTHER GENERAL FUNDS 797,227 1,437,430 1,263,636 115,769 478,589 28,617 37.9% 785,047 GENERAL FUND 4,696,901 7,460,426 7,355,056 406,634 4,782,603 465,568 65.07o 2,572,453 GENERAL DEBT SERVICE FUND 1,091,166 1,340,773 1,403,111 20,829 1,107,162 43,928 78.97o 295,949 WATER/SEWER FUND 1,375,319 3,460,517 5,672,328 368,425 1,608,516 2,194,373 28.4% 4,063,812 STORMWATER UTILITY FUND 90,925 200,108 247,825 22,101 116,667 (17,700) 47.1% 131,158 WATER IMPACT FUND 83,388 172,370 116,040 4,916 46,107 30 39.7% 69,933 SEWER IMPACT FUND 15,551 44,619 6,682 288 11,488 (1) 171.9% (4,807) WATER/SEWER FUND 1,565,182 3,877,614 6,042,875 395,730 1,782,779 2,176,703 29.57o 4,260,096 EDC4B FUNDS 226,040 650,469 912,036 48,434 224,240 10,331 24.67o 687,796 CAPITAL FUNDS 65,929 827,125 1,141,107 189,099 376,072 (107,523) 33.07o 765,035 SPECIAL REVENUE FUNDS (3,076) 42,861 126,801 1,768 55,348 125,000 43.67o 71,453 TOTAL REVENUES $7,642,142 $14,199,268 $16,980,986 $1,062,495 $8,328,204 $2,714,008 49.07o 8,652,782 FY14-15 FY14-15 FY15-16 CURRENT FY14-15 CY-PY 76 OF BUDGET BUDGET EXPENDITURES YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING GENERAL FUND 2,601,987 5,688,346 6,198,118 428,988 2,791,222 372,294 45.0% 3,406,896 OTHER GENERAL FUNDS 524,865 1,127,260 1,322,814 146,406 626,895 24,818 47.4% 695,919 GENERAL FUND 3,126,852 6,815,606 7,520,932 575,394 3,418,117 397,112 45.07o 4,102,815 GENERAL DEBT SERVICE FUND 972,900 1,338,313 1,363,867 - 1,008,686 20,759 74.0% 355,181 WATER/SEWER FUND 2,047,284 4,050,086 6,093,227 289,157 2,149,974 1,032,548 35.3% 3,943,253 STORMWATER UTILITY FUND 269,153 111,696 264,273 1,210 30,760 (307,954) 11.6% 233,513 WATER IMPACT FUND - 174,916 171,200 - - (3,716) 0.0% 171,200 SEWER IMPACT FUND - 22,396 - - - (22,396) 0.0% - WATER/SEWER FUND 2,316,437 4,359,094 6,528,700 290,367 2,180,733 698,482 33.47o 4,347,967 EDC4B FUNDS 201,653 694,023 711,842 24,948 184,346 (24,127) 25.9% 527,497 CAPITAL FUNDS 145,603 795,765 1,283,626 73,023 377,700 (53,843) 29.47o 905,926 SPECIAL REVENUE FUNDS - 48,852 126,800 - 17,973 (55,000) 14.2% 108,827 TOTAL EXPENDITURES $6,763,445 $14,051,652 $17,535,767 $ 963,732 $7,187,554 $ 983,384 41.0% 10,348,213 "EXEMPLIFYING EXCELLENCE" CITY OF KENNEDALE,TEXAS ANNUAL PROGRAM OF SERVICES MONTHLY FINANCIALS FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY OF BUDGET BUDGET GENERAL FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING CITY MANAGER 116,929 275,390 293,578 20,940 136,973 11,658 46.7% 156,605 MAYOR/CITY COUNCIL 27,549 77,128 88,576 11,142 38,188 (5,530) 43.1% 50,388 CITY SECRETARY 48,325 124,118 135,923 11,849 54,078 (12,421) 39.8% 81,845 MUNICIPAL COURT 58,486 129,204 157,745 6,036 37,610 18,928 23.8% 120,135 HUMAN RESOURCES 51,946 112,330 124,565 10,744 56,972 6,723 45.7% 67,593 FINANCE 177,460 348,750 323,931 13,934 186,151 (96,469) 57.5% 137,780 POLICE 911,608 2,033,489 2,245,833 137,280 978,552 193,639 43.6% 1,267,281 FIRE 760,496 1,627,526 1,728,014 141,336 788,452 79,246 45.6% 939,562 COMMUNITY DEVELOPMENT 137,141 347,889 439,480 33,074 170,668 57,053 38.8% 268,812 SENIOR CITIZEN CENTER 17,813 50,569 54,077 4,561 22,841 (32) 42.2% 31,236 LIBRARY 99,189 217,519 239,080 16,391 115,355 9,990 48.2% 123,725 NONDEPARTMENTAL 195,045 344,434 367,317 21,699 205,383 109,510 55.9% 161,934 TOTAL EXPENDITURES $2,601,987 $5,688,346 $ 6,198,118 $ 428,988 $2,791,222 $ 372,294 45.07. $3,406,896 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY ?r.OF BUDGET BUDGET WATER/SEWER FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING UTILITY BILLING 511,646 1,326,837 1,360,981 118,738 525,875 14,824 38.6% 835,105 WATER OPERATIONS 733,353 1,109,432 3,156,143 87,317 733,476 1,374,731 23.2% 2,422,668 DEBT 443,926 186,691 505,472 - 450,087 1,372 89.0% 55,385 NONDEPARTMENTAL 358,360 1,427,127 1,070,631 83,102 440,535 (358,379) 41.1% 630,096 TOTAL EXPENDITURES $2,047,284 $4,050,086 $ 6,093,227 $ 289,157 $2,149,974 $1,032,548 35.3% $3,943,253 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY ?r.OF BUDGET BUDGET STREET IMPROVEMENT FUND YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING STREETS 270,996 704,161 1,042,537 123,216 476,514 213,861 45.7% 566,024 PARKS MAINTENANCE 47,074 118,624 84,000 6,704 52,452 7,000 62.4% 31,548 TOTAL EXPENDITURES $ 318,069 $ 822,784 $ 1,126,537 $ 129,920 $ 528,966 $ 220,861 47.0% $ 597,572 FY14-15 FY14-15 FY15-16 CURRENT FY15-16 CY- PY %.OF BUDGET BUDGET EDC411 FUNDS YTD ACTUAL ADOPTED MONTH YTD CHANGE USED REMAINING ADMINISTRATION 73,459 241,795 176,466 17,862 78,384 (85,995) 44.4% 98,082 DEBT SERVICE 101,146 323,315 319,893 4,573 94,195 (3,475) 29.4% 225,697 TOWN SHOPPING CENTER 27,049 66,817 50,484 3,236 22,049 - 43.7% 28,435 TOWN CENTER REDEVELOPME - - 90,000 - - 90,000 0.0% 90,000 TX LEVERAGE - 101,192 50,000 - - (60,000) 0.0% 50,000 TOTAL EXPENDITURES $ 91,744 $ 715,745 $ 686,842 $ 84,494 $ 84,494 $ (59,471) 12.3% $ 492,214 "EXEMPLIFYING EXCELLENCE" KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: MONITORING INFORMATION - B. I. Subject: Executive Limitations II. Originated by: III. Summary: Reports are attached for review. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. Executive Limitations lExecutive Limitations 03.2016.docx 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 POLI CY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: GLOBAL EXECUTIVE CONSTRAINT The City Manager shall not cause or allow any organizational practice, activity, decision, or circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and professional ethics Overall, City operations are i n compliance with the global constraint policy. POL ICY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: TREATM ENT OF CUSTOM ERS OF CITY SERVICES With respect to interactions with customers, the City Manager shall not cause or allow conditions, procedures,or decisions that are unsafe, untimely, undignified, or unnecessarily intrusi ve. The City Manager wi I I not: 1. Elicit informationfor which there is no clear necessity. 2. Use methods of col I ecti ng, revi ewi ng, transmi tti ng, or stori ng customer i nformati on that fai I to protect agai nst i mproper access to the materi al 3. Operate faci I i ti es wi thout appropri ate accessi bi I i ty and pri vacy. 4. Operate without establishing with customers a dear understanding of what may be expected and what may not be expected from the servi ce off ered. 5. Operate wi thout i nformi ng customers of thi s pol i cy or provi di ng a way to be heard for persons who beli eve that they have not been accorded a reasonabl e i nterpretati on of their rights under this pol i cy. Cyber security issues area major concern in compliance with point 2. The ci ty backs up files on a daily basis to avoid more common hacking attempts. Limitations have been placed on what websi tes can be accessed. Both the city manager and IT analyst are members of I nfraGard to better understand the risks involved. POLICY TYPE: EXECUTIVE LIMITATIONS POLICY TITLE: TREATM ENT OF STAFF With respect to the treatment of paid and volunteer staff, the City Manager shall not cause or allow conditions that are unfair, undignified, disorganized, or unclear. The Ci ty M anager wi I I not 1. Operate without written personnel rules that (a) clarify rules for stair, (b) provide for effective handling of grievances,and (c) protect against wrongful conditions, such as nepotism and grossly preferential treatment for personal reasons. 2. Retal i ate agai nst any staff member for non-disruptive express on of dissent. 3. Allow staff to beunaware of City Manager's interpretations of their protections under this pol icy. 4. Allow staff to be unprepared to deal with emergency situations. The ci ty maintains current personnel policy and orientation booklet. City operations are in compliance with the treatment of staff pol i cy. Supervi sory and manager staff began supervi sory and I eadershi p trai ni ng on February 10. The training is through I CM A. Staff was heavily involved in the preparation of an asset management plan. POLICY TYPE: EXECUTIVE LIMITATIONS POLICYTITLE: EMERGENCY CITY MANAGERSUCCESSION In order to protect the Council from sudden loss of the City Manager Services, the City Manager shall not permit there to be less than one other person familiar enough with Council and City Manager issues and procedures to be able to maintain organization services Kelly Cooper isthe most informed of staff members. Ram Robertsiswaik rig doely with meonVillageCredc andtheslvageyads Thedepartment heads collectively are aware of on-goi ng acti vi ti esand projects, and I have been more attentive to this in staff meetings. Jack Thompson (EDC& Chamber) is fami I i ar with the bud ness devel opment acti vi ti es. KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: MONITORING INFORMATION - C. I. Subject: Ends Review- Balanced Scorecard II. Originated by: III. Summary: Reports are attached for review. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 1. Balanced Scorecard - March 113alanced Scorecard. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 VNE F—Kennedale oriented, prosperous, 13-1 1 I� KENNEDALE located,conveniently opportunities to live,work and play March 2016 You're Here,YOUr Home S1 Achieve a Thriving Community ------ S2 S2 Be a Sustainable S3 Be Family &Attractive City Oriented I1 Provide Excellent ---- Services I2 Enhance I3 Expect Operational I4 Ensure Public I5 Enhance Business Climate Excellence Health & Safety Partnerships L E1 Build Exceptional E2 Foster Pride in E3 Leverage Talent Ownership Technology — I _ F1 Balance the F2 Expect Fiscal F3 Leverage Tax Base Responsibility Resources CORE VALUES I NTEGRITYAOOC)UNTAB UTY TEAM WORK I NNOVA-nON OC)M M ITM ENT KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: INCIDENTAL ITEMS-A. I. Subject: Tarrant County College facility review briefing II. Originated by: III. Summary: Tarrant County Building Trades Department has initiated a review of City Hall, the Police Building and the Fire Station with the intention of recommending building improvements. The improvements include building flow, capacity, and the heating and cooling system. Instructors and students will be present to discuss their initial findings. A final report is not expected until later in the year. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: VIII.Attachments: 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) -A. I. Subject: Consider approval of minutes from March 21, 2016 meeting II. Originated by: III. Summary: Please see the attached minutes for your approval. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: Fl----Fc—itY Council Meeting Minutes - March 21, 2016 3-21-16. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 )c KENNEDALE You're Here,Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING March 21, 2016 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 5:30 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER Mayor Johnson called the meeting to order at 5:34 p.m. II. WORK SESSION *NOTE: Pursuant to Section 551.071, Texas Government Code, the City Council reserves the right to adiourn into Executive Session at any time during the work session or the regular session to discuss posted executive session items or to seek legal advice from the City Attorney on any item posted on the agenda. A. Joint meeting with the Library Advisory Board - Community Conversation led by Amanda King Library Director Amanda King lead a community discussion with the Library Board and City Council to find out what they want from the community. Members discussed their hopes and visions for Kennedale; how it affects them personally; and what can be done to make a difference. Amanda shared some of her thoughts concerning the future for the Library. B. Review Progressive Landfill expansion application submittal Gary Bartels, District Manager for Progressive Waste Solutions spoke to Council in regard to their State Amendment Application for the Fort Worth C & D Landfill, and how it will impact the community. He provided a brief history on the property and its operations, noting that the current estimated site life is 6.4 years. Mr. Bartels gave an overview of the current statistics for C & D Landfill, stating that the amendment changes would increase the site life to 12.5 years. He added that the amendment application was submitted to the Texas Commission on Environmental Quality (TCEQ) in March 2015, reviews and changes are now complete and the 30-day public comment period began March 19 - April 18, 2016. Jeff Palutis, Director of Landfill Operations for Progressive Waste Solutions reviewed the amendment proposals. He stated that with land values going up and the closeness of homes to the facility, they propose to use mechanically stabilized earth retaining walls (MSE) to increase the height. The new height will be similar to the Fort Worth SE Landfill. He stated that to keep the soil from kicking out, they will use geo-grid in the walls to keep it from sliding, and vegetation will be grown on the outside of the walls. Photo renderings were provided to show what it would look; with views from each direction. There was discussion concerning trash on the roadways and the methane gas exhaust problem. Mr. Bartels stated that Progressive was working on some non-required proactive moves at this facility. He added that they want to be good neighbors in the community and would love to team 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 up with Keep Kennedale Beautiful. C. Discussion of items on regular agenda No items were discussed at this time. III. REGULAR SESSION Mayor Johnson opened the regular session at 7:00 p.m. IV. ROLL CALL Present: Frank Fernandez, Brian Johnson , Kelly Turner, Liz Carrington, Charles Overstreet, Michael Walker Absent: None V. INVOCATION VI. UNITED STATES PLEDGE VII. TEXAS PLEDGE VIII. VISITOR/CITIZENS FORUM At this time, any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting. Roy Boenig, resident of 1020 Kennedale Sublett Road informed Council that on Little Road before the City of Kennedale sign, the yellow stripping on the road is missing. He requested the City look at this issue due to safety concerns. Additionally, he stated that he thinks it was a bad decision to let the developer of the Vineyards put up a wood fence instead of a brick wall. IX. REPORTS/ANNOUNCEMENTS In addition to any specific matters listed below, the city council may receive a report about items of community interest, including but not limited to recognition of individual officials, citizens or departments, information regarding holiday schedules, upcoming or attended events, etc. A. Updates from City Council Charles Overstreet stated the he, Frank, and Liz attended the Brickworks Silent Auction at Kennedale Junior High School, adding that there was a good turnout for the fundraiser. Frank Fernandez stated that Walmart's plans to build a gas station have been put on the back burner for now. B. Updates from the Mayor Mayor Johnson stated that he and Bob went to Washington DC and had great talks with the American Geophysical Union concerning the clean-up at Village Creek. He also attended the governance training in Atlanta. In closing, he added that some of his students were in attendance to learn about local government. C. Updates from the City Manager City Manager Bob Hart reminded the Council that the Lake Arlington Village Creek Watershed meeting will be at 6:30, Thursday, March 24th at the Junior High School, and that they will elect a steering committee during the meeting. Page 2of5 X. MONITORING INFORMATION A. Monthly Financials - February 2016 B. Executive Limitations C. Ends Review - Balanced Scorecard Monitoring information updates are in the agenda packet for review. XI. INCIDENTAL ITEMS A. Tarrant County College facility review briefing This item was moved to the April meeting. B. Discuss and approve calendar for FY2016-2017 budget preparations Finance Director Krystal Crump stated that the budget workshop was moved back a week to provide more time to receive reports for Tarrant Appraisal District (TAD) and to accommodate vacation schedules, the workshop will be held on August 12th. A planning session is scheduled for May 14th, with the budget kickoff on May 27th; all other dates remained the same as usual. Motion To approve the budget calendar. Action Approve, Moved By Kelly Turner, Seconded By Michael Walker. Motion passed Unanimously XII. REQUIRED APPROVAL ITEMS (CONSENT) All matters listed under incidental items (consent) have been previously discussed, require little or no deliberation, or are considered to be routine by the council. If discussion is desired, then an item will be removed from the consent agenda and considered separately. A. Consider approval of minutes from February 15, 2016 meeting B. Consider approval of minutes from the March 4, 2016 special meeting C. Approval of city-developer agreement for Kennedale Seniors Addition D. Consider approval of an Interlocal Agreement with Tarrant County for assistance in the reconstruction of True Gunn Road/Caylebaite Street/Municipal Drive, and authorize the City Manager to execute the agreement E. Consider authorizing the City Manager to negotiate a contract for electric supply F. CASE # PZ 15-17 Consider approval of a final plat requested by Emanuel Glockzin for 332- 370 S. New Hope Rd, more particularly described as an approximately 23-acre tract in the C. B. Teague Survey A 15-06 and Robert C. Richey Survey A-1358, Tarrant County, Texas, conveyed from C D Fincher Estate to Emanuel Glockzin as recorded in instrument number D215220118. A preliminary plat was approved in November 2015. Motion To approve all required approval Items on (Consent) agenda. Action Approve, Moved By Liz Carrington, Seconded By Charles Overstreet. Motion passed Unanimously Page 3of5 XIII. DECISION ITEMS A. Update Future Transportation Plan in the Comprehensive Land Use Plan 1. Staff Presentation 2. Public Hearing 3. Staff Summary and Response 4. Action by the City Council City Planner, Rachel Roberts provided the staff presentation to approve the updates to the Future Transportation Plan in the Comprehensive Land Use Plan. Rachel stated that the future transportation component of the Comprehensive Land Use Plan was adopted in March 2012, with a more specific plan update for the Oak Crest area in August 2012. A major component of the Master Plan is the realignment of Oak Crest Drive so that the roadway will line up with Gilman Road, which is now located slightly to the south of the Oak Crest Drive intersection with Kennedale Parkway. Rachel concluded that City staff would like to include this realignment in the upcoming five-year Capital Improvement Program, but in order for the project to be included, it must be shown on the Future Transportation Plan. Public Hearing: Mayor Johnson opened the public hearing; there was no one present requesting to speak. Mayor Johnson closed the public hearing. Motion To approve Ordinance 595 updating Future Transportation Plan in the Comprehensive Land Use Plan. Action Approve, Moved By Kelly Turner, Seconded By Liz Carrington. Motion passed Unanimously B. Consider accepting the official certification of unopposed candidates for the 2016 general election. City Manager Bob Hart stated that this certification is a requirement of the Texas State Election Code, in order to declare all unopposed candidates elected. Motion To approve the official certification of unopposed candidates for the 2016 general election. Action Approve, Moved By Michael Walker, Seconded By Liz Carrington. Motion passed Unanimously C. Consider approval of Ordinance 591 canceling the May 7, 2016 election and declaring unopposed candidates elected to office Bob Hart stated that this Ordinance cancels the General Election and declares unopposed candidates elected to office. He added that the City will still hold a Special Charter Amendment Election on May 7, 2016. Motion To approve Ordinance 591 canceling the May 7, 2016 General Election and declaring unopposed candidates elected to office. Action Approve, Moved By Michael Walker, Seconded By Frank Fernandez. Motion passed Unanimously D. Consider approval of Ordinance 596 setting the speed limit on Kennedale Parkway to 40 miles per hour City Manager Bob Hart stated that there has recently been fifteen accidents in the area where QT, Burger King, and Popeye's is located. After analysis, staff recommends reducing the speed Page 4of5 limit, in that area, to 40 miles per hour (mph). Bob added that this will also change some of the driveway spacing requirements in this area and simplify the view of speed limits in Kennedale. Now, all residential speeds will be 25 mph, collector streets 30 mph, minor arterials 35 mph, and major arterials 40 mph. Motion To approve Ordinance 596 reducing the speed limit on Kennedale Parkway to 40 miles per hour. Action Approve, Moved By Charles Overstreet, Seconded By Kelly Turner. Motion passed Unanimously XIV. EXECUTIVE SESSION Mayor Johnson recessed into executive session at 7:34 p.m. A. The City Council will meet in closed session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property for the following: 1. 6727 Hudson Village Creek Road Park Land Acquisition 2. Link Street Extension Right-of-Way Acquisitive B. The City Council may meet in closed session at any time during the work session or the regular session, pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and the following items: ension Right- of-Way 1. Round-About Damage Claim XV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Mayor Johnson reconvened into open session at 8:16 p.m. No action required. XVI. ADJOURNMENT Motion To adjourn the March 21, 2016 regular City Council meeting. Action Adjourn, Moved By Liz Carrington, Seconded By Charles Overstreet. Motion passed Unanimously The meeting was adjourned at 8:17 p.m. APPROVED: ATTEST: Brian Johnson, Mayor Leslie Galloway, City Secretary Page 5of5 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - B. I. Subject: Consider approval of Resolution 483 expressing official intent to reimburse with tax-exempt obligation proceeds costs associated with certain capital improvements II. Originated by: III. Summary: Mark McLiney of SAMCO is recommending that a resolution is done for capital projects being worked on currently that could be reimbursed by potential debt issued in the future. This is a resolution for up to $2 Million. $700,000- Park Land $700,000- New Hope Sewer Line Extension $200,000-Arlington Water Connection $300,000- New Hope Engineering $100,000- TxDOT Bridge Match IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII.Alternative Actions: RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE WITH TAX- EXEMPT OBLIGATION PROCEEDS COSTS ASSOCIATED WITH CERTAIN CAPITAL IMPROVEMENTS VIII.Attachments: 1. Resolution 483 lResolution 483.docx 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 RESOLUTION NO. 483 RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE WITH TAX- EXEMPT OBLIGATION PROCEEDS COSTS ASSOCIATED WITH CERTAIN CAPITAL IMPROVEMENTS WHEREAS, the City Council of the CITY OF KENNEDALE, TEXAS (the "City") hereby determines that it is necessary and desirable to acquire, construct and improve the following capital improvements (collectively, the "Projects"): (i) construct road a bridge improvements in the City; (ii) purchase land for municipal park purposes; and (iii) construct and equip improvements and extensions to the City's municipal water and sanitary sewer system; and WHEREAS,the City expects that it will pay, from available funds of the City, expenditures in connection with the Projects prior to the issuance of tax-exempt obligations (the "Obligations") to finance the Projects; and WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the United States Treasury Regulations and the laws of the State of Texas, to reimburse itself for such payments at such time as the City issues Obligations to finance the Projects. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS THAT: SECTION 1. EXPECTATION TO INCUR DEBT. The City reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum principal amount of $2,000,000 for the purpose of paying the costs of the Projects; and SECTION 2. REIMBURSEMENT OF PRIOR EXPENDITURES. All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the City in furtherance of this Resolution after a date which is later than 18 months after the later of(1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3. THREE-YEARLIMITATION FOR REIMBURSEMENT. The foregoing notwithstanding, no Obligations will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. INCORPORATION OF RECITALS. The City hereby finds that the statements set forth in the recitals of this Resolution are true and correct, and the City hereby incorporates such recitals as a part of this Resolution. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective immediately upon passage thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF th KENNEDALE, TEXAS THIS 18 DAY OF APRIL, 2016. Brian Johnson, Mayor ATTEST: Leslie Galloway, City Secretary APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Signature Page to Resolution Relating to Reimbursement of Costs Incurred for Certain Public Improvements CERTIFICATE FOR RESOLUTION I, the undersigned City Secretary of the CITY OF KENNEDALE,TEXAS (the "City"), hereby certify as follows: 1. The City Council of the City (the "City Council")convened in Regular Meeting on April 18, 2016 at the designated meeting place (the "Meeting"), and the roll was called of the duly constituted officers and members of the City Council, to wit: Brian Johnson, Mayor Mike Walker, Place 3 Charles Overstreet, Place 1 Kelly Turner, Place 4 (and Mayor Pro Tem) Liz Carrington, Place 2 Frank Fernandez, Place 5 and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written Resolution No. entitled: RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE WITH TAX- EXEMPT OBLIGATION PROCEEDS COSTS ASSOCIATED WITH CERTAIN CAPITAL IMPROVEMENTS (the "Resolution") was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, said motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: NOES: ABSTENTIONS: 2. A true, full and correct copy of the Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; the Resolution has been duly recorded in the City Council' minutes of the Meeting; the above and foregoing paragraph is a true, full and correct excerpt from the City Council' minutes of the Meeting pertaining to the passage of the Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the Meeting, and that the Resolution would be introduced and considered for passage at the Meeting, and each of said officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place and purpose of the Meeting was given, all as required by Texas Government Code, Chapter 551. SIGNED AND SEALED the 18th day of April,2016. Leslie Galloway, City Secretary (CITY SEAL) J( KE1`NEDA,LE Ya.city fkenurHome Staff Report to the Honorable Mayor and City CoundI www.cityofkennedale.com Date: April 20, 2015 Agenda Item No: CONSENT ITEMS -C I. Subject: Consider action regarding a notice from the Public Utility Commission (PUC)of Texas for a Consumer Price Index(CPI) adjustment to municipal telecommunications right-of-way access line rates. II. Originated by: Sakura Moten-Dedrick, Director of Finance & IT III. Summary: HB 1777 went into effect on Sept 1, 1999. As of March 1, 2000, all telecommunications franchise fees in Texas are required to be based on a fee-per-access line method. The PUC, in October 1999, established three categories of access lines - residential, non-residential, and point-to-point. Each city was required to submit its 1998 base amount and allocation of the base amount to the PUC by Dec. 1, 1999. All CTPs were required to submit a city-by-city, December 31, 1998 access line count to the PUC by January 24, 2000. The PUC then calculated maximum access line rates for the three categories of access lines, for each city. The rate for each category, when multiplied by the number of lines in that category in a city, should equal that city's base amount. In March, 2000, the PUC established maximum initial access line rates for 1106 cities. These cities were then allowed to 1) exempt life-line customers, 2) choose lower rates, and 3) update base amounts and allocation formulas. CTPs were allowed to update line counts and petition unreasonable initial allocations. In response to this input from cities and CTPs, the PUC established final access line rates in April, 2000. CTPs were allowed to begin implementing these rates for the 2nd quarter of 2000 (April, May, June), but were required to begin implementing the rates by the 3rd quarter 2000 (July, August, September). State law allows a city to change its rates once a year given the Consumer Price Index, and its allocation once every 2 years. These changes must be initiated by the city each September and become effective the following January. CTPs may also petition the commission on unreasonable allocations in September of each year. The PUC will also annually adjust the access line rates by half of the increase in the Consumer Price Index starting in 2002. Should Council wish to accept this upward adjustment, we are not required to respond. Council is only required to respond via attached memo no later than April 30, 2015 should it wish to actually keep the access line rates at current levels. Access Line Type 2014(Current) 2014(Proposed) (Difference) Residential $1.67 $1.69 $0.02 Non-Residential $1.54 $1.56 $0.02 Point-To-Point $1.71 $1.73 $0.02 IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: Authorize upward adjustment as proposed by the PUC given approximately a .8449% increase in Consumer Price Index and direct staff to take no action. VIII. Attachments: 1. 2015 PUC CPI Adjustment Memo 120150317171041522.pdf Page 2 of 2 l Public Utility Commission of Texas 1701 N. Congress Ave., PO Box 13326,Austin, TX 78711-3326 2016 CONSUMER PRICE INDEX(CPI) ADJUSTMENT TO MUNICIPAL TELECOMMUNICATIONS RIGHT-OF-WAY ACCESS LINE RATES March 10,2016 PURPOSE This letter is to notify you that your city's 2016 maximum access line rates have decreased by 0.0878% due to a decrease in the Consumer Price Index (CPI). This adjustment has been made pursuant to Chapter 283 of the Local Government Code (House Bill 1777) DEFAULT RATES FOR 2016: DECREASE Based on the choices made by your city in April 2015, your city's 2016 rates will be adjusted for deflation. According to our records, when similar CPI adjustments were made in April 2015, your city chose the MAXIMUM allowable CPI-adjusted rates. Therefore, your 2016 rates will reflect a decrease of 0.0878% from your 2015 rates. You do not have the option to decline this decrease in rates as the adjustment is made pursuant to administrative procedures established for CPI annual adjustments. ACTION BY CITY: TO ACCEPT THE DECREASE (1) You do not have to respond to accept the decreased access line rates. (2) Respond ONLY if you want to decrease the access line rates to levels lower than the new caps. (3) To respond, notify the PUC using page 2 of this letter no later than April 30, 2016. (4) The PUC does not require City council authorization; however, if your city charter requires it, please do so immediately. (5) Verify your contact information and highlight any changes. (6)Make a copy of this document. WHAT HAPPENS IF A CITY DOES NOT RESPOND BY APRIL 30,2016? It is not necessary for the city to respond by April 30, 2016. Rates for your city will autimatically decrease from 2015 levels to the new 2016 MAXIMUM allowable CPI-adjusted rates and no further reductions will be made. The next opportunity to adjust your rates will be September 1, 2016. WHAT HAPPENS NEXT? The PUC will notify telephone companies of your desired rates and you will be compensated accordingly no later than July 1, 2016. FUTURE REVISIONS TO CPI The access line rates will be revised annually in March depending on whether the CPI changes for the previous year. If the CPI changes for the year 2016, you will receive a similar letter in March 2017. See over... i City of Kennedale SECTION 1: Your 2015 city preferred rates are as follows: Residential. $1.69 Non-Residential: $1.56 Point-to-Point: $1.73 SECTION 2: Your default rates for 2016 are as follows. Note: These are lower than the 2015 rates due to the CPI deflation adjustment. Residential. $1.68 Non-Residential: $1.55 Point-to-Point: $1.72 To lower your default decrease further,notify the PUC by completing the section below. You can mail or fax this page to the PUC. To accept rates in SECTION 2,no action is required. I , Title , am an authorized representative for the City/Town/Village of . The City declines to accept the default rates indicated in Section 2 above. Instead, we choose the following rates: Residential ; Non-Residential Point-to-Point Date: Signature: Other Comments: HOW TO RESPOND INQUIRIES Mail: Stephen Mendoza Inquiries only. NOT for sending your response. Public Utility Commission HB1777 @puc.texas.gov P.O. Box 13326 Phone No: 512-936-7394 Austin, Texas 78711-3326 OR FAX TO Stephen Mendoza at: 512-936-7428 CITY CONTACT INFORMATION Please notify us if the contact information we have on file for your city has changed. Thank you. Phone No. 1 g-a t8 UA5--2-L Phone No. 2 Fax No: $1714$ Q7Q Email: � t W9j�ifi,oflcen4edale com___ Address SAKTTRA MOTEN-DEDRICK DIRECTOR OF FINANC or current city official responsible for right-of-way issues CITY OF KENNEDALE 405 MUNICIPAL DRIVE KENNEDALE TX 76060 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - D. I. Subject: Review the annual financial disclosure report II. Originated by: III. Summary: Mark McLiney with SAMCO prepares our Continuing Disclosure every year for our bonds and submits the report to required agencies. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. 2015 Continuing Disclosure Report lKennedale tables 2015 cd. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Municipal Secondary Market Disclosure Information Cover Sheet IF THIS FILING RELATES TO A SINGLE BOND ISSUE: Provide name of bond issue exactly as it appears on the cover of the Official Statement(please include name of state where issuer is located): CITY OF KENNEDALE $790,000 Combination Tax and Revenue Certificates of Obligation,Series 2005 $2,900,000 Combination Tax and Revenue Certificates of Obligation,Series 2007 $4,365,000 General Obligation Refunding Bonds,Series 2007 $2,735,000 Combination Tax and Revenue Certificates of Obligation,Series 2007A $1,200,000 Sales Tax Revenue Bonds Taxable,Series 2007 $4,500,000 Combination Tax and Revenue Certificates of Obligation,Series 2008 $2,000,000 Combination Tax and Revenue Certificates of Obligation,Series 2010 $3,260,000 Combination Tax and Revenue Certificates of Obligation,Series 2011 Provide nine-digit CUSIP*numbers if available,to which the information relates: IF THIS FILING RELATES TO ALL SECURITIES ISSUED BY THE ISSUER OR ALL SECURITIES OF A SPECIFIC CREDIT OR ISSUED UNDER A SINGLE INDENTURE: Issuer's Name(please include name of state where Issuer is located): City of Kennedale,Texas Other Obligated Person's Name(if any): (Exactly as it appears on the Official Statement Cover) Provide six-digit CUSIP* number(s),if available,of Issuer: 489332/489352 *(Contact CUSIP's Municipal Disclosure Assistance Line at 212.438.6518 for assistance with obtaining the proper CUSIP numbers.) TYPE OF FILING: 8 Electronic(number of pages attached) ❑ Paper(number of pages attached) If information is also available on the Internet,give URL: WHAT TYPE OF INFORMATION ARE YOU PROVIDING?(Check all that apply) A. [B Annual Financial Information and Operating Data pursuant to Rule 15c2-12 (Financial information and operating data should not be filed with the MSRB.) Fiscal Period Covered: September 30,2015 B. 1B Audited Financial Statements or CAFR pursuant to Rule 15c2-12 Fiscal Period Covered: September 30,2015 C. ❑Notice of a Material Event pursuant to Rule 15c2-12 (check as appropriate) 1. ❑Principal and interest payment delinquencies 6. ❑ Adverse tax opinions or events affecting the tax- 2. ❑Non-payment related defaults exempt status of the security 3. ❑Unscheduled draws on debt service reserves reflecting 7. ❑ Modifications to the rights of security holders financial difficulties 8. ❑ Bond calls 4. ❑Unscheduled draws on credit enhancements reflecting 9. ❑ Defeasances financial difficulties 10. ❑ Release,substitution,or sale of property securing 5. ❑ Substitution of credit or liquidity providers,or their repayment of the securities failure to perform 11. ❑ Rating changes D. ❑Notice of Failure to Provide Annual Financial Information as Required E. ❑ Other Secondary Market Information(specify): I hereby represent that I am authorized by the issuer or obligor or its agent to distribute this information publicly: Issuer Contact: Name: Krystal Crump Title: Director of Finance&IT Employer: City of Kennedale,Texas Address: 405 Municipal Drive City: Kennedale State: TX _Zip Code: 76060 Telephone: (817)985-2110 Fax: (817)483-0720 Email Address: kcrumpkcityofkennedale.com Issuer Web Site Address Dissemination Agent Contact,if any: Name: Mark M.McLiney Title: Senior Managing Director Employer: SAMCO Capital Markets,Inc. Address: 1020 NE Loop 410,Suite 640 City: San Antonio _State: TX _Zip Code: 78209 Telephone: (210)832-9760 Fax: (210)832-9794 Email Address: mmclineyksamcocapital.com Relationship to Issuer: Financial Advisor Obligor Contact,if any: Name Title Employer Address City State Zip Code Telephone Fax Email Address Obligor Web site Address Investor Relations Contact,if any: Name Title Telephone Email Address ANNUAL REPORT OF FINANCIAL INFORMATION IN ACCORDANCE WITH THE CONTINUING DISCLSURE REQUIREMENTS OF SEC RULE 15C2-12 with regard to: CITY OF KENNEDALE, TEXAS (Tarrant County) $790,000 Combination Tax and Revenue Certificates of Obligation, Series 2005 $2,900,000 Combinaiton Tax and Revenue Certificates of Obligation, Series 2007 $4,365,000 General Obligation Refunding Bonds, Series 2007 $2,735,000 Certificates of Obligation, Series 2007A $4,500,000 Combinaiton Tax and Revenue Certificates of Obligation, Series 2008 $2,000,000 Combination Tax and Revenue Certificates of Obligation, Series 2010 $3,260,000 Combination Tax and Revenue Certificates of Obligation, Series 2011 TABLE 1 IN THE OFFICIAL STATEMENT CURRENT INVESTMENTS TABLE 1 At September 30, 2015, the primary government's investments consisted of: Investment Fair Type Value Investment Pools $ 1,353,114 Bank Deposits 1,371,861 Totals $ 2,724,975 Source: The City's Annual Financial Report for Fiscal Year Ended September 30, 2015 and information provided by the City FINANCIAL INFORMATION REGARDING THE CITY OF KENNEDALE, TEXAS ASSESSED VALUATION TABLE 1 2015 Actual Certified Market Value of Taxable Property(100%of Market Value)................................................................... $ 619,038,896 Less Exemptions: Optional Over-65 or Disabled Homestead ............................................................................................. $ 23,150,070 AbsoluteExempt................. ............................................................................................................ 28,414,135 Disabled andDeceased Veteran's Exemptions ....................................................................................... 2,736,270 FreeportExemption .......................................................................................................................... 8,936,224 AGDeferrals ................................................................................................................................... 5,807,462 Valuelost to Prorations ..................................................................................................................... - TOTAL EXEMPTIONS ...................................................................................................................... 69,044,161 2015 Assessed Value of Taxable Property.................................................................................................................. $ 549,994,735 Source: Tarrant County Appraisal District. CITY DEBT OBLIGATIONS-CAPITAL LEASE AND NOTES PAYABLE TABLE 2 None Source: The Issuer's Annual Financial Report for the fiscal year ended September 30,2015. A-1 TAXABLE ASSESSED VALUATION FOR TAX YEARS 2006-2015 TABLE 3 Net Taxable Change From Preceding Year Year Assessed Valuation Amount($) Percent 2006-07 $ 387,653,132 - 0.00% 2007-08 435,040,102 $ 47,386,970 12.22% 2008-09 493,189,136 58,149,034 13.37% 2009-10 541,265,313 48,076,177 9.75% 2010-11 521,526,413 (19,738,900) (3.65%) 2011-12 546,171,493 24,645,080 4.73% 2012-13 539,477,988 (6,693,505) (1.23%) 2013-14 531,917,562 (7,560,426) (1.40%) 2014-15 563,645,099 31,727,537 5.96% 2015-16 549,994,735 (13,650,364) (2.42%) Source: Tarrant County Appraisal District. A-2 CLASSIFICATION OF ASSESSED VALUATION TABLE 4 2015 % of Total 2014 % of Total 2013 % of Total Real, Residential,Single-Family $ 370,547,638 59.86% $ 339,159,796 56.18% $ 319,035,995 55.89% Real, Residential,Multi-Family 22,268,058 3.60% 21,008,704 3.48% 21,130,106 3.70% Real,Vacant Lots/Tracts 14,922,100 2.41% 20,883,550 3.46% 18,727,009 3.28% Real,Acreage(Land Only) 237,792 0.04% 1,516,043 0.25% 2,403,858 0.42% Real, Farm and Ranch Improvements - 0.00% - 0.00% - 0.00% Real,Commercial 88,588,911 14.31% 62,524,660 10.36% 58,087,473 10.18% Real, Industrial 17,019,182 2.75% 17,141,984 2.84% 17,832,998 3.12% Oil and Gas 38,213,330 6.17% 46,471,660 7.70% 36,841,570 6.45% Real&Tangible, Personal Utilities 3,904,540 0.63% 19,951,835 3.31% 14,593,918 2.56% Tangible Personal,Commercial 26,655,795 4.31% 32,059,368 5.31% 29,532,001 5.17% Tangible Personal, Industrial 31,779,127 5.13% 36,901,854 6.11% 44,147,313 7.73% Tangible Personal,Mobile Homes 1,289,290 0.21% 1,176,400 0.19% 1,156,100 0.20% Real Property, Inventory 3,613,133 0.58% 4,861,033 0.81% 7,300,912 1.28% Total Appraised Value 100.00% 100.00% 100.00% Less: Optional Over-65 or Disabled Homestead $ 23,150,070 $ 21,004,212 $ 20,433,232 Absolute Exempt 28,414,135 - - Disabled andDeceased Veteran's 2,736,270 2,464,390 2,349,877 Freeport Exemption 8,936,224 8,986,669 7,798,631 AG Deferrals 5,807,462 6,213,242 8,082,532 Value lost to Prorations - 1,343,275 207,419 Net Taxable Assessed Valuation TAX DATA TABLE 5 Tax Net Taxable Tax Tax %of Collections Year Year Assessed Valuation Rate Levy Current Total Ended 2006 $ 387,653,132 0.722500 $ 2,800,794 99.44 100.46 9/30/2007 2007 435,040,102 0.722500 3,143,165 99.12 99.88 9/30/2008 2008 493,189,136 0.722500 3,563,292 97.93 98.60 9/30/2009 2009 541,265,313 0.722500 3,910,642 97.16 97.80 9/30/2010 2010 521,526,413 0.722500 3,768,028 97.44 98.06 9/30/2011 2011 546,171,493 0.722500 3,946,089 98.59 99.94 9/30/2012 2012 539,477,988 0.722500 3,897,728 98.58 101.44 9/30/2013 2013 531,917,562 0.747500 3,976,084 98.36 100.00 9/30/2014 2014 563,645,099 0.747500 4,213,247 98.64 101.00 9/30/2015 2015 549,994,735 0.767500 4,221,210 (In Process of Collections) 9/30/2016 TAX RATE DISTRIBUTION TABLE 6 2015 2014 2013 2012 2011 General Fund $ 0.575204 $ 0.551216 $ 0.560454 $ 0.549582 $ 0.516013 I&S Fund 0.192296 0.196284 0.187046 0.172918 0.206487 Total Tax Rate $ 0.767500 $ 0.747500 $ 0.747500 $ 0.722500 $ 0.722500 Source: Tarrant County Appraisal District. PRINCIPAL TAXPAYERS 2015-16 TABLE 7 % of Total 2015 Net Taxable Assessed Name Type of Business/Property Assessed Valuation Valuation Chesapeake Operating Oil and Gas $ 14,818,090 2.69% F W T Inc Oil and Gas 8,861,070 1.61% Hawk Steel Industries Inc Manufacturer 8,432,908 1.53% Oncor Electric Delivery CO LLC Utility 7,208,222 1.28% Goss International Americas Oil and Gas 7,206,539 1.31% Trinidad Drilling LP Oil and Gas 6,700,000 1.22% Kennedale Holdings LLC Real Estate 6,449,856 1.17% Beacon E&P Company LLC Oil and Gas 5,567,740 1.01% Harrison Jet Guns Inc Manufacturer 5,071,214 0.92% Tealcove Drive LLC Real Estate 4,350,721 0.79% $ 74.666.360 13.54% Source: Tarrant County Appraisal District. A-3 MUNICIPAL SALES TAX COLLECTIONS TABLE 8 The Issuer has adopted the provisions of Chapter 321, Texas Tax Code, as amended, and pursuant thereto levies a sales and use tax at the rate of 1% on the retail sales of taxable items sold within the Issuer. In addition, some issuers, including the City, are eligible to levy a sales tax of up to 1/2 of 1% for property tax relief and/or an additional sales tax of up to 1/2 of 1% for economic development. State law also provides certain cities the option of assessing a sales and use tax for a variety of other purposes, including municipal street maintenance and repair, sports and community venues, and funding certain projects through municipal development districts created by the City pursuant to Chapter 377, Texas Local Government Code. State law limits the maximum aggregate sales and use tax rate in any area to 8'/4%. Accordingly, the collection of local sales and use taxes in the area of the City (including sales and use taxes levied by the City) is limited to no more than 2% (when combined with the State sales and use tax rate of 6'/4%). The Issuer has not authorized the additional '/2 of 1%sales tax for property tax relief but has authorized an additional '/4 of 1%sales tax for economic development and an additional '/4 of 1% sales tax for street maintenance. The figures below represent collections from the combined 1.50%sales tax. Calendar Year Total Collected %of Ad Valorem Equivalent of Ad Tax Levy Valorem Tax Rate 2006 $ 1,400,529 50.00% 0.361 2007 1,280,203 40.73% 0.294 2008 1,332,867 37.41% 0.270 2009 1,143,938 29.25% 0.211 2010 1,822,786 48.38% 0.350 2011 1,516,050 38.42% 0.278 2012 1,486,848 38.15% 0.276 2013 1,217,421 30.62% 0.229 2014 1,281,292 30.41% 0.227 2015 1,843,573 43.67% 0.335 2016 372,631 (As of March,2016) Source: State Comptroller's Office of the State of Texas. A-4 GENERAL FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENDITURES TABLE 9 The following statements set forth in condensed form reflect the historical operations of the Issuer. Such summary has been prepared for inclusion herein based upon information obtained from the Issuer's audited financial statements and records. Reference is made to such statements for further and complete information. Fiscal Year Ended 9/30/2015 9/30/2014 9/30/2013 9/30/2012 9/30/2011 Fund Balance-Beginning of Year $ 1,234,186 $ 983,994 $ 1,113,819 $ 1,337,625 $ 1,508,586 Revenues 7,362,971 6,856,568 6,280,275 6,345,096 6,372,664 Expenditures 6,745,291 6,523,102 6,306,631 6,720,273 7,248,822 Excess(Deficit)of Revenues Over Expenditures $ 617,680 $ 333,466 $ (26,356) $ (375,177) $ (876,158) Other Financing Sources(Uses): Operating Transfers In $ - $ - $ - $ 125,000 $ 812,053 Proceeds from Notes Payable - - (106,856) Proceeds from Sale of Capital Assets - - - 26,371 - Transfer of Reserved Fund Balance - - - - - Operating Transfers Out (111,134) (83,274) (103,469) - - Total Other Financing Sources(Uses): $ (111,134) $ (83,274) $ (103,469) $ 151,371 $ 705,197 Prior Period Adjustment $ (8,291) $ - $ - $ - $ - Fund Balance-End of Year $ 1,732,441 $ 1,234,186 $ 983,994 $ 1,113,819 $ 1,337,625 Source: The Issuer's Comprehensive Annual Financial Reports and information provided by the Issuer. A-5 EMPLOYEE'S PENSION PLAN AND OTHER POST-EMPLOYMENT BENEFITS TABLE 10 Plan Description The City participates as one of 860 plans in the nontraditional, joint contributory, hybrid defined benefit pension plan administered by the Texas Municipal Retirement System (TMRS). TMRS is an agency created by the State of Texas and administered in accordance with the TMRS Act, Subtitle G, Title 8, Texas Government Code (the TMRS Act) as an agency multiple-employer retirement system for municipal employees in the State of Texas. The TMRS Act places the general administration and management of the System with a six-member Board of Trustees. Although the Governor, with the advice and consent of the Senate, appoints the Board, TMRS is not fiscally dependent on the State of Texas. TMRS's defined benefit pension plan is a tax-qualified plan under Sections 401(a) of the Internal Revenue Code. TMRS issues a publicly available comprehensive annual financial report(CAFR)that can be obtained at www.tmrs.org. All eligible employees of the City are required to participate in TMRS. Benefits Provided TMRS provides retirement, disability, and death benefits. Benefit provisions are adopted by the governing body of the City, within the options available in the state statutes governing TMRS. At retirement, the benefit is calculated as if the sum of the employee's contributions, with interest, and the City-financed monetary credits with interest were used to purchase an annuity. Members may choose to receive their retirement benefit in over of seven payment options. Members may also choose to receive a portion of their benefit as a Partial Lump Sum Distribution in an amount equal to 12,24,or 36 monthly payments,which cannot exceed 75%of the member's deposits and interest. Beginning in 2006, the City Council granted an annually repeating (automatic) basis a monetary credit referred to as an updated service credit (USC) which is a theoretical amount which takes into account salary increases or plan improvements. If at any time during their career an employee earns a USC, this amount remains in their account earning interest at 5% until retirement. At retirement, the benefit is calculated as if the sum of the employee's accumulated contributions with interest and the employer match plus employer-financed monetary credits,such as USC, with interest were used to purchase an annuity. Additionally, initiated in 2006,the City provided on an annually repeating (automatic) basis cost of living adjustments(COLA)for retirees equal to a percentage of the change in the consumer price index(CPI). A summary of plan provisions for the City are as follows: Employee deposit rate 7% Matching ratio(City to employee) 2 to 1 Years required for vesting 5 Service retirement eligibility 20 years to any age, 5 years at age 60 and above Updated service credit 100%Repeating Annuity increase to retirees 70%of CPI Repeating The City does not participate in Social Security Employees covered by benefit terms At the December 31,2014 valuation and measurement date,the following employees were covered by the benefit terms: Inactive employees or beneficiaries currently receiving benefits 25 Inactive employees entitled to but not yet receiving benefits 90 Active employees 68 183 Contributions The Contribution rates for employees in TMRS are either 5%, 6%,or 7%of employee gross earnings, and the City matching percentages are with 100%, 150%, or 200%, both as adopted by the governing body of the city. Under the state law governing TMRS,the contribution rate for each city is determined annually the actuary, using the Entry Age Normal (EAN) actuarial cost method. The actuarially determined rate is the estimated amount necessary to finance the cost of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. Employees for the City were required to contribute 7%of their annual gross earnings during the fiscal year. The contribution rates for the City were 11.61% and 14.44% in calendar years 2014 and 2015, respectively. The City's contributions to TMRS for the year ended September 30, 2015, were$483,133,and were equal to the required contributions. Net Pension Liability The City's Net Pension Liability (NPL) was measured as of December 31, 2014, and the Total Pension Liability (TPL) used to calculate the Net Pension Liability was determined by an actuarial valuation as of that date. Actuarial assumptions The Total Pension Liability in December 31,2014 actuarial valuation was determined using the following actuarial assumptions: Inflation 3.0%per year Overall payroll growth 3.0%per year Investment Rate of Return 7.0%, net pension plan investment expense, including inflation A-6 EMPLOYEE'S PENSION PLAN AND OTHER POST-EMPLOYMENT BENEFITS(Cont'd) Salary increases were based on a service-related table. Mortality rate for active members, retiree, and beneficiaries were based on the gender-distinct RP2000 Combined Healthy Mortality Table, with male rates multiplied by 109% and female rates multiplied by 103%. The rates are projected on a fully generational basis by scale BB to account for future mortality improvements. For disabled annuitants, the gender-distinct RP2000 Disabled Retiree Mortality Table is used, with slight adjustments. Actuarial assumptions used in the December 31, 2014 valuation were based on the results of actuarial experience studies. The experience study in TMRS was for the period January 1, 2006 through December 31, 2009, first used in December 31, 2010 valuation. Healthy post-retirement mortality rates and annuity purchase rates were updated based on a Mortality Experience Investigation Study covering the 2009 through 2011, and the dated December 31, 2013. The assumptions were first used in the December 31, 2013 valuation, along with a change to the Entry Age Normal (EAN) actuarial cost method. Assumptions are reviewed annually. No additional changes were made for the 2014 valuation. The long-term expected rate of return on pension plan investments is 7.0%. The pension plan's policy in regard to the allocation of invested assets is established and may be amended by the TMRS Board of Trustees. Plan assets are managed on a total return basis with an emphasis on both capital appreciation as well as the production of income, in order to satisfy the short-term and long-term funding needs of TMRS. The long-term expected rate of return on pension plan investments was determined using a building- block method in which best estimate ranges of expected future real rates of retune (expected returns, net of pension plan investment expenses and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. The target allocation and best estimates of arithmetic real rates of return for each major assets class are summarized in the following table: Long-Term Expected Real Rate of Return Asset Class Allocation (Arithmetic) Domestic Equity 17.5% 4.80% International Equity 17.5% 6.05% Core Fixed Income 30.0% 1.50% Non-Core Fixed Income 10.0% 3.50% Real Return 5.0% 1.75% Real Estate 10.0% 5.25% Absolute Return 5.0% 4.25% Private Equity 5.0% 8.50% Total 100.0% Discount Rate The discount rate used to measure the Total Pension Liability was 7.0%. The projection of cash flows used to determine the discount rate assumed that employee and employer contributions will be made at the rates specified in statue. Based on that assumption, the pension plan's Fiduciary Net Position was projected to be available to make all projected future benefit payments of current active and inactive employees. Therefore, the long-term expected rate of return on pension plan investments was applied to all period of projected benefit payments to determine the Total Pension Liability. A-7 EMPLOYEE'S PENSION PLAN AND OTHER POST-EMPLOYMENT BENEFITS(Cont'd) Changes in the Net Pension Liability Increase(Decrease) Total Plan Pension Fiduciary Net Liability Net Pension Pension f2i u (a)-(b) Balance at 12/31/2013 $ 11,192,430 $ 9,589,325 $ 1,603,105 Changes for the year: Service cost 589,507 $ - 589,507 Interest 794,485 $ - 794,485 Difference between expected and actual experience (102,280) $ - (102,280) Contributions-employer - $ 397,779 (397,779) Contributions-employee - $ 239,832 (239,832) Net investment income - $ 548,705 (548,705) Benefit payments, including - refunds of employee contributions (274,797) $ (274,797) - Administrative expense - $ (5,727) 5,727 Other changes - $ (471) 471 Net changes 1,006,915 $ 905,321 $ 101,594 Balance at 12/31/2014 $ 12,199,345 $ 10,494,646 $ 1,704,699 The following presents the net pension liability of the City, calculated using the discount rate of 7.0%, as well as what the city's net pension liability would be if it were calculated using a discount rate that is 1-percentage-point lower(6.0%)of 1-percentage- higher(8.0%)than the current rate: 1% 1% Decrease in Discount Increase in Discount Rate Discount Rate'(6.0%) (7.0%) Rate'(8.0%) City's net pension liability 3,997,055 1,704,699 (94,961) Pension Plan Fiduciary Net Position Detailed information about the pension plan's Fiduciary Net Position is available in a separately-issued TMRS Financial report. The report may be obtained on the Internet at www.tmrs.org. Pension Expense and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions For the year ended September 30, 2015, the City recognized pension expense of$471,122. At September 30, 2015, the city reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Differed Deferred Outflows of Inflows of Resources Resources Differences between expected and actual economic experience $ - $ 74,584 Difference between projected and actual investment earnings 98,038 - Contributions subsequent to the measurement date 371,083 - Total $ 469,121 $ 74,584 A-8 EMPLOYEE'S PENSION PLAN AND OTHER POST-EMPLOYMENT BENEFITS(Cont'd) $371,083 reported as deferred outflows of resources related to pension resulting from contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability for the year ending September 30, 2015. Other amounts reported as deferred outflows of resources related to pensions will be recognized in pension expenses as follows: Year Ending 12/31 2015 $ (3,186) 2016 (3,186) 2017 5,318 2018 24,508 2019 - Thereafter - Subsequent Event Pursuant to TMRS Policy of conducting experience studies every four years, the TMRS Board at their July 31, 2015 meeting determined that they would be changing certain actuarial assumptions including reducing the long term expected rate of return from the current 7% to 6.75% and changing the inflation assumption from 3% to 2.5%. Reduction of expected investment return and related discount rate will increase projected pension liabilities. Reducing the inflation assumption reduces liabilities as future annuity levels and future cost of living adjustments are not projected to be as large as originally projected. While the actual impact on the City's valuation for December 31, 2015 is not known the City does expect some downward pressure on its funded status and upward pressure on its 2017 actuarially determined contribution (ADC)due to this change. Accordingly, the city has included in its approved fiscal year 2016 budget to continue to fund pension contributions above the required ADC which will help smooth impacts of any increases in the required ADC for fiscal year 2017. A9 UTILITY SYSTEM PLANT IN OPERATION TABLE 11 FYE 9/30/2015 Land $ 409,801 Construction in Progress 736,604 Machinery and Equipment 958,437 Buildings 5,253,412 Water and Wastewater distribution 15,844,746 Total Capital Assets $ 23,203,000 Less: Accumulated Depreciation (7,585,045) Net Capital Assets $ 15,617,955 Source: The Issuer's Annual Financial Report for fiscal year ended September 30, 2015 and information provided by the Issuer. WATER SUPPLY The City has 5 water wells. IN addition, The City has interconnections within the City of Arlington and Fort Worth to insure adequate supply of wter to tis citizens. WATERWORKS SYSTEM OPERATING SYSTEM TABLE 12 The following condensed statements have been compiled using accounting principles customarily employed in the determination of net revenues available for debt service, and in all instances exclude depreciation, transfers, bad debt, debt service payments and expenditures identified as capital. Fiscal Year Ended: 9/3012015 9/30/2014 9/30/2013 9/30/2012 9/30/2011 Revenues $ 3,683,823 $ 3,775,546 $ 3,138,201 $ 3,264,892 $ 3,633,725 Expenses 3,229,698 3,447,091 2,726,206 3,090,592 2,704,590 Net Revenue Available for Debt Service $ 454,125 $ 328,455 $ 411,995 $ 174,300 $ 929,135 Customer Count: Water 2,722 2,758 2,506 2,495 2,442 Sewer 2,427 2,390 2,267 2,222 2,216 Source: The Issuer's Annual Financial Reports, information provided by the Issuer and the Texas Municipal Reports published by the Municipal Advisory Council of Texas. A10 WATER RATES TABLE 13 (Sasecl on montnly Dining) New Rates (Effective July 1, 2013) Service within city limits: Meter Size Residential Base Senior/Disabled Base* Commercial Base Multiple Res/Comm 3/4" 13.87 13.87 13.87 13.87 Per Unit 1" 23.17 23.17 23.17 13.87 Per Unit 1/2" 46.19 46.19 46.19 13.87 Per Unit 2" 73.92 73.92 73.92 13.87 Per Unit Y 161.87 161.87 161.87 13.87 Per Unit 4" 291.29 291.29 291.29 13.87 Per Unit Residential Muliptle Res/Comm Gallons Rate Senior/Disabled Rate Commercial Rate Rate** 0-5,000 2.79 Per 1,000 Gallons 2.79 Per 1,000 Gallons 2.79 Per 1,000 Gallons N/A 5,001-50,000 5.27 Per 1,000 Gallons 5.27 Per 1,000 Gallons 5.27 Per 1,000 Gallons** N/A 50,001 + 6.19 Per 1,000 Gallons 6.19 Per 1,000 Gallons 5.27 Per 1,000 Gallons** N/A *For senior/disabled rate,a credit of$7.50 per month/billing cyle will appy towards the applicable meter size for water service. **For multiple residential units on a single watr meter, the volume charge shall be calculated on a per unit basis by dividing the total volume of water used by the number of residential units. ***For commercial rate,2nd and 34d tier volume chare is the same. Service outside city limits: Meter Size Residential Base Senior/Disabled Base Commercial Base Multiple Res/Comm 3/4" 27.75 N/A 27.75 27.75 Per Unit 1" 46.33 N/A 46.33 27.75 Per Unit 1/2" 92.38 N/A 92.38 27.75 Per Unit 2" 147.85 N/A 147.85 27.75 Per Unit Y 323.75 N/A 323.75 27.75 Per Unit 4" 582.58 N/A 582.58 27.75 Per Unit Residential Muliptle Res/Comm Gallons Rate Senior/Disabled Rate Commercial Rate Rate* 0-5,000 2.79 Per 1,000 Gallons 2.79 Per 1,000 Gallons 2.79 Per 1,000 Gallons N/A 5,001-50,000 5.27 Per 1,000 Gallons 5.27 Per 1,000 Gallons 5.27 Per 1,000 Gallons** N/A 50,001 + 6.19 Per 1,000 Gallons 6.19 Per 1,000 Gallons 5.27 Per 1,000 Gallons** N/A Note: Senior/disabled credit does not apply to service outside the city limits. *For multiple residential units on a single watr meter, the volume charge shall be calculated on a per unit basis by dividing the toal vojum of water used by the number of residential units. **For commercial rare,2nd and 3rd tier volum chare is the same. Old Rates (Effective February 15, 2009) These rates apply to all"in-city"customers. Gallons Rate 0-2,000 $18.00 Per month(minimum bill) 2,001-5,000 4.40 Per month 1,000 gallons or portion thereof 5,001-10,000 4.68 Per month 1,000 gallons or portion thereof 10,001-30,000 4.90 Per month 1,000 gallons or portion thereof 30,001-50,000 5.12 Per month 1,000 gallons or portion thereof 50,001+ 5.50 Per month 1,000 gallons or portion thereof These rates app;y to all'but-of-city"customers Gallons Rate Per month(minimum bill) 2,001-5,000 7.20 Per 1,000 gallons or portion thereof 5,001-10,000 7.65 Per 1,000 gallons or portion thereof 10,001-30,000 8.01 Per 1,000 gallons or portion thereof 30,001-50,000 8.37 Per 1,000 gallons or portion thereof 50,001 + 9.00 Per 1,000 gallons or portion thereof The price for 3/4"water metere is set at$1,500. the price for a 1"water meter is set at$1,600. All fire service meters cost$2,000 and must be deemed necessay by water superintendent A11 WATER RATES -CONT'D (Based on Monthly Billing) Gas Well Drilling Multiple Residential Res/Comm Meter Size Base Senior/Disabled Base Commercial Base Base 2" $ 249.16 N/A $ 249.16 N/A Y $ 545.58 N/A $ 545.58 N/A 4" $ 981.82 N/A $ 981.82 N/A Muliptle Residential Senior/Disabled Res/Comm Gallons Rate Rate Commercial Rate Rate 0-5,000 $7.24 Per 1,000 Gallons N/A $7.24 Per 1,000 Gallons N/A 5,001+Gallons $7.24 Per 1,000 Gallons N/A $7.24 Per 1,000 Gallons N/A SEWER RATES (Based on Monthly Billing) Service within city limits: Senior/ Multiple Residential Disabled Commercial Res/Comm Base $17.19 $17.19 $28.64 N/A per 1,000 Gallons $4.09 $4.09 $4.48 N/A *For senior/disabled rate,a credit of$7.50 per month/billing cycle will apply towards the applicable base for sewer service. Service Outside city limits: Senior/ Multiple Residential Disabled Commercial Res/Comm Base $34.37 N/A $57.28 N/A per 1,000 Gallons $8.17 N/A $8.96 N/A Note: Senior/disabled creidt does not apply to service outside the city limits. Al2 KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - E. I. Subject: Approve Schedule of Investment Activity for quarter ending March 31, 2016 II. Originated by: III. Summary: In accordance with Public Funds Investment Act (PFIA), the investments should be reported quarterly. This is for the second quarter for FY 16 and subsequently will be presented for each quarter to Council to stay current with PFIA. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. March 31, 2016 Quarterly Investment Repo March 31 2016 Qtrly Investment Re ort . df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 City of Kennedale, Texas SCHEDULE OF INVESTMENT ACTIVITY For The Quarter Ending March 31, 2016 aTyoF IEINE)ALF,7BCAS INVESTMENT REPORT FORQUARTER ENDING MARCH 31,2016 The Quarterly Investment Report provides the Oty's investment portfolio position as of the report period indicated above.Fund of the Oty are invested in accordance with the Oty of Kennedale Investment Policy asoriginally adopted on September 13,2001 and subsequently reviewed on October 19,2015. SJM MARY OF I NVESTM BUTS FORTHE QUARTER 99.2%of the Oty of Kennedale's investments are owned by the Pooled Cash Fund.The remaining.8%goes to the$2.OM 2010 00 Bond Fund,$1.7M TX Leverage Fund,and Gearing Funds.As of the reporting quarter, 57.16%of the Oty's investments are in investment pools,and 42.84%are invested in money market savings accounts. I NVESTM ENT STRATEGI ES The Oty's main objectives in managing the portfolio are as follows.suitability,preservation&safety of principal,liquidity, marketability,diversification, and yield. I NVESTM ENT FORTFOUOALLOWABLE BFEAKDOJVN Certificatesof Deposit(25 0/6),Investment Pools(100%)*,Money Market Mutual Funds(100%)*,Repurchase Agreements(50%)*,Government Obligations (25 0/6), US Treasury & US Agency Callables (25 0/6), US Government Agencies & Instrumentalities (100 0/6), and US Treasury Notes/Bills (100%) *(no more than 50%in any individual pool,fund,or repurchase agreement) M ONTHLY BALANCES-INVESTMENTS Investment Pool Account Name Interest Fate January 2016 February 2016 March 2016 Interest Earned Texas Daily Consolidated Cash 0.03% $ 31,402.35 $ 31,412.09 $ 31,422.92 $ 29.89 TeX3ar Consolidated Cash 0.03% 327,216.99 327,298.81 327,394.72 253.12 TexPbol $1.7M TX Leverage 0.06% 19.25 19.25 19.25 - TexPbol $2.OM 00 Bond 0.02% 29,460.74 29,467.78 29,475.98 21.94 TexPool Central Deposit 0.02% 2,700,929.28 1,778,779.97 1,615,293.00 1,534.03 TOTAL INVESTM ENT POOLS $ 3,089,028.61 $ 2,166,977.90 $ 2,003,605.87 $ 1,838.98 MONTHLY BALANCES WELLSFARGO Bank Account Name Interest Fate January 2016 February 2016 March 2016 Interest Earned Wellsfargo Consolidated Cash N/A $ 1,171,155.51 $ 1,499,898.49 $ 1,357,339.27 $ - Wellsfargo Payroll Gearing 0.04 0/6-0.05°` 3.69 4.24 147,333.31 1.10 Wellsfargo Section 125 Rex 0.04 0/6-0.05°` 25.76 25.76 713.24 - Wellsfargo Dick Price Pd 0.005% 7.39 7.39 7.39 Wellsfargo Employee Health Benefit Trust N/A 11.69 11.87 12.13 - TOTAL VVELLSFARGO $ 1,171,204.04 $ 1,499,947.75 $ 1,505,405.34 $ 1.10 TOTAL MONTHLY BALANCES ALL $ 4,260,232.65 $ 3,666,925.65 $ 3,509,011.21 $ 1,840.08 TRANSNCT1 ON ACTIVITY-I NVESTM BUTS Balance Balance Investment Pool Account Name 1/1/2016 Deposits VMthdrawls Interest 3/31/2016 Texas Daily Consolidated Cash $ 31,393.03 $ $ $ 29.89 $ 31,422.92 TeX3ar Consolidated Cash 327,141.60 253.12 327,394.72 TexPbol $1.7M TX Leverage 19.25 - 19.25 TexPbol $2.OM CO Bond 29,454.04 21.94 29,475.98 TexPbol Central Deposit 1,748,390.19 2,557,588.11 (2,692,219.33) 1,534.03 1,615,293.00 TOTAL I NVESTM ENT POOLS $ 2,136,398.11 $ 2,557,588.11 $ (2,692,219.33) $ 1,838.98 $ 2,003,605.87 TRANS4,CIION ACTIVITY-VVBLSFARGO Balance Balance Bank Account Name 1/1/2016 Deposits VMthdrawls Interest 3/31/2016 Wellsfargo Consolidated Cash $ 1,479,140.95 $ 4,359,663.80 $ (4,481,465.48) $ - $ 1,357,339.27 Wellsfargo Payroll Gearing 638.10 1,089,028.23 (942,334.12) 1.10 147,333.31 Wellsfargo Section 125 Rex 25.76 2,062.44 (1,374.96) - 713.24 Wellsfargo Dick Rice Pd 7.39 - 7.39 Wellsfargo Employee Health Benefit Trust 11.64 125,852.84 (125,852.35) - 12.13 TOTALWELSFARGO $ 1,479,823.84 $ 5,576,607.31 $ (5,551,026.91) $ 1.10 $ 1,505,405.34 CASH BREAKDOWN BY FUND January 2016 February 2016 March 2016 01-General Fund $ 2,061,995.52 $ 2,412,628.16 $ 2,311,952.52 02-Debt Service Fund 612,470.23 85,783.57 106,612.11 04-Capital Project Fund 37,627.83 55,185.32 61,378.03 05-Capital Peplacement Fund (17,762.40) 1,679.80 (10,515.13) 07-Storm Drainage Utility Fund 111,569.27 126,822.52 146,945.47 10-Water/Sewer Fund (197,570.76) (692,137.81) (737,348.34) 12-(hurt Security Fund 9,129.60 9,552.21 10,084.03 13-Capital Bond Fund 61,610.31 6,928.80 (60,646.28) 14-Park Dedication Fund 171,773.06 171,798.25 171,821.65 15-Economic Development Fund 107,213.29 144,920.85 167,659.06 16-Court Technology Fund 4,850.50 5,413.21 5,437.83 17-Streets Improvement Fund 511,110.00 519,456.41 500,574.88 18-Jivenile Case Manager Fund 23,600.89 22,648.71 21,943.26 19-AFB Capital Bond Fund 29,460.74 29,467.78 29,475.98 21--1F#1 New Hope Fund (5,269.75) 34,354.18 34,354.18 31-Police Seizure Fund 6,538.17 6,539.12 6,540.02 32-Library Building Fund 10,871.64 11,009.91 11,288.32 34-LEOSE Fund - - 1,767.59 41-Park Development Fund 39,808.50 51,854.13 60,393.46 45-Fbadway Impact Fee Fund 303,468.28 269,909.40 270,952.31 61-Water Impact Fee Fund 133,732.37 145,502.65 150,418.31 62-Sewer Impact Fee Fund 54,188.82 57,764.38 58,052.29 83-Tree Peforestation Fund 67,821.83 67,831.78 67,841.01 85-Unclaimed Property Fund 1,990.24 1,990.24 1,990.24 95-®C Reserve Fund 120,004.47 120,022.08 120,038.41 TOTALALL FUNDS $ 4,260,232.65 $ 3,666,925.65 $ 3,509,011.21 M ain A000unts Other A000unts 3,000,000.00 -'" 350,000.00 2,500,000.00 300,000.00 2,000,000.00 250,000.00 1,500,000.00 200,000.00 0$2.OM 00 Bond 1,000,000.00 a Cbntral Deposit 150,000.00 u Payroll Clearing 500,000.00 a Wellsfargo 100,000.00 w Texas Daily 50,000.00 o Tex3ar r January February March 016 Fe 2016 2016 HoldingAocounts Distribution of Money aoo.00 o. � 7oo.ao 600.00 500.00 u$1.7M TX Leverage ■Texas Daily 400.00 _ - 300.00 a Section 125 Flex ■Tex3ar 200.00 {' TexFbol 100.00 I Employee Health ■Wellsfargo - -__ Benefit Trust January February 2016 2016 March 2016 ic KENNEDALE You're Here,Your Home www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: April 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - F. I. Subject: Consider approval of design contract with Freese and Nichols for the design of a sewer line to serve the Texas Raceway property II. Originated by: III. Summary: The development agreement with Texas Raceway/McMillan family requires the City TIRZ to prepare design plans for the extension of wastewater service to serve the residential subdivision planned for the tract. Staff recommends the engagement of Freese & Nichols Engineering firm to prepare the plans. The proposed contract calls for preparation of the plans for bidding and preparing easement descriptions. The limits of the project are only serving the Texas Raceway (Line A and Line B1 identified in the preliminary design report/route study). A summary of the cost breakdown: Freese and Nichols = $87,190 Lamb Star (Surveying, SUE and Easement Description) _ $ 28,385 Texplor of Dallas (Geotechnical Boring) = $2,211 Gorrondona (Geotechnical Testing) = $2,134 Total Fee = $119,920 The TIRZ does not have sufficient funds to cover the cost of the study; hence, the City will need to pay for the design with reimbursement to occur in the future when funds are available. The TIRZ and/or the City will not look for the other participating taxing jurisdictions for repayment. IV. Recommendation: Approve V. Alternative Actions: VI. Attachments: 1. JFreese and Nichols, Inc. - Professional Service Agreement ISewer Extension Contract. df Rev.06/10 AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF TARRANT § This AGREEMENT is entered into by the City of Kennedale, hereinafter called "OWNER" and Freese and Nichols, Inc., hereinafter called "FNI." In consideration of the AGREEMENTS herein, the parties agree as follows: I. EMPLOYMENT OF FNI: In accordance with the terms of this AGREEMENT: OWNER agrees to employ FNI;FNI agrees to perform professional services in connection with the Project;OWNER agrees to pay to FNI compensation. The Project is described as follows: Extension of Existing Sewer. II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in Attachment SC-Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. III. COMPENSATION: OWNER agrees to pay FNI for all professional services rendered under this AGREEMENT in accordance with Attachment CO-Compensation which is attached hereto and made a part of this AGREEMENT. FNI shall perform professional services as outlined in the"Scope of Services" for a lump sum fee of$119,920.00. Details concerning the fee are included in Attachment CO. If FNI's services are delayed or suspended by OWNER, or if FNI's services are extended for more than 60 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and reactivation and the fact that the time for performance under this AGREEMENT has been revised. IV. TERMS AND CONDITIONS OFAGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the OWNER and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and FNI,and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this AGREEMENT, the day of , 20 ATTEST: City of Kennedale,TX (OWNER) By: Print or Type Name and Title ATTEST: Freese and Nichols,Inc. (FNI) } By:_ WC1,olel5 LQSI*_ V;ee Print or Type Name and Title L:\Resources\cbs\ ATTACHMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER Project Description Near the Texas Raceway,the City of Kennedale is planning to extend their sewer system to the south in order to prepare for future development.The extension will be approximately 2560 feet of 12 inch diameter sewer pipe.The scope below is for the professional services that will be provided to prepare construction plans and specifications. The services include: an environmental study, topographic survey, subsurface utility engineering,geotechnical study,and engineering. ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project: A. DESIGN PHASE: FNI shall provide professional services in this phase as follows: 1. Hold kickoff meeting with Owner 2. Monthly update meetings and or reports 3. For the 60%Submittal a. Prepare drawings, specifications, Construction Contract Documents, and Opinions of Probable Construction Cost(OPCC)of improvements to be constructed. b. Submit five copies to the OWNER for review c. Attend a review meeting with OWNER to review submittal 4. For the 99%Submittal a. Prepare drawings, specifications, Construction Contract Documents, and Opinions of Probable Construction Cost(OPCC)of improvements to be constructed. b. Incorporate the City's comments from the 60%design review c. Coordinate with impacted utility owners d. Perform constructability review e. Submit five copies to the OWNER for review f. Attend a review meeting with OWNER to review submittal 5. For the Final Submittal a. Prepare drawings, specifications, Construction Contract Documents, and Opinions of Probable Construction Cost(OPCC)of improvements to be constructed. b. Incorporate the City's comments from the 99%design review c. Seal the documents d. Submit five copies to the OWNER e. Notify TCEQ via the Summary Transmittal Letter, and send them plans for review if they request them B. BID OR NEGOTIATION PHASE. Upon completion of the design services and approval of"Final" drawings and specifications by OWNER and TCEQ, and when directed by the OWNER, FNI will proceed with the performance of services in this phase as follows: LAResources\cbs\ FNI � SC-1 OWNER I. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in FNI's database of prospective bidders,and to selected plan rooms. Provide a copy of the notice to bidders for OWNER to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by OWNER. 2. Advertise Bid Documents on CivCast. 3. Maintain information on entities that have been downloaded a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. 4. Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 5. Assist OWNER in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. 6. Assist Owner in preparation of the Letter of Recommendation of Award. 7. Assist OWNER in the preparation of Conformed Construction Contract Documents for construction contracts. Provide ten (10) sets of Conformed Construction Contract Documents which include changes caused by addenda reflected in the plans and specifications, information from the apparent low bidders bid documents,and legal documents for execution by the OWNER and construction contractor. Distribute five(5)copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide OWNER with the remaining five(5)copies of these documents for use during construction.Additional sets of documents can be provided as an additional service. 8. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. C. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these services however, it is understood that FNI does not guarantee the Contractor's performance,nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means,methods,techniques,sequences or procedures of construction selected by the Contractor,or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person(except its own employees or agents)at the Project site or otherwise performing any of the work of the Project. LAP esources\cbs\ FNI SC-2 OWNER These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. 1. Assist OWNER in preparing the Notice to Proceed. 2. Assist OWNER in conducting one pre-construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract. 3. Establish communication procedures with the OWNER and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. 4. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information,modification requests, shop drawings, schedules,and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 5. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates,pursuant to the General Conditions of the Construction Contract. 6. Make six visits appropriate to the stage of construction to the site on the same day as the monthly progress meeting (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will report any observed deficiencies to OWNER. Visits to the site in excess of the specified number are an additional service. 7. Notify the contractor of non-conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports,equipment installation reports or other documentation required by the Construction contract documents. 8. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials,witnessed tests,factory testing,etc.for quality control of the Project. The cost of such quality control shall be paid by CONTRACTOR and is not included in the services to be performed by FNI. 9. Interpret the drawings and specifications for OWNER and Contractor(s). Investigations,analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. LAPesources\cbs\ FNI SC-3 OWNER 10. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the OWNER to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders,where cost to OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the OWNER are an additional service. 11. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the OWNER on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the OWNER if appropriate. Providing these services to review or evaluate construction contractor(s)claim(s),supported by causes not within the control of FNI are an additional service. 12. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. 13. Conduct,in company with OWNER's representative,a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases,permits, warranties, spare parts,and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s).Visiting the site to review completed work in excess of two trips are an additional service. 14. Revise the construction drawings in accordance with the information furnished by construction Contractor(s)reflecting changes in the Project made during construction. Two(2)sets of prints of "Record Drawings"shall be provided by FNI to OWNER. D. SPECIAL SERVICES 1. Obtain one(1)Right of Entry.FNI will send one(1)land owner a Right of Entry form. If Right of Entry is denied,the Owner will assist in providing access. 2. Environmental Study.Based on our understanding,the proposed project would not require Section 404 permit authorization from the U.S.Army Corps of Engineers (USACE), as the action would apparently not involve the discharge of dredged or fill material into waters of the U.S. If it is determined that the proposed project would require USACE authorization,FNI would notify the City immediately. FNI can provide Section 404 permitting services to the City, if required, as an additional service. Following are the tasks that we propose to assist the City in conducting the necessary environmental evaluation, and if necessary, permit authorizations associated with the proposed project. a. Gather and Review Existing Information. FNI will compile readily available existing information and prepare maps of the proposed project site in preparation for the pedestrian survey.The types of information that will be gathered will include,but is not limited to, U.S. Geological Survey (USGS) 7.5-minute topographic maps, U.S. Fish and Wildlife Service (USFWS)National Wetlands Inventory(NWI)maps,Natural Resources Conservation Service (NRCS)soils maps,as well as recent and historical aerial photographs of the site. LAResources\cbs\ FNI Wt- SC-4 OWNER b. Conduct Pedestrian Survey.FNI will conduct a pedestrian survey along the proposed pipeline easement, including a 75-foot wide buffer each side of the centerline(150 feet total),to make observations of existing environmental conditions and identify types and locations of potential waters of the U.S., if present. This task does not include conducting detailed wetland delineations necessary for the preparation and submittal of a Pre-Construction Notification (PCN)to the USACE. c. Coordinate with the Texas Historical Commission. Projects sponsored by public entities that affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards require advance consultation with the Texas Historical Commission (THC) according to Section 191.0525 (d) of the Antiquities Code of Texas. Because the proposed project may exceed one or both of these thresholds,coordination with THC is expected to be required.FNI will draft a consultation letter to the THC for the City's review and comment. FNI will incorporate the City's comments and submit the consultation letter to the THC.Any follow up studies requested by the THC are not included in this scope of services, but can be provided as an additional service. d. Prepare Technical Memorandum. Based on our understanding of the proposed project, it appears that Line A could be constructed without requiring notification to or authorization from the USACE. Information gathered during the pedestrian survey and consultation with the THC will be used to prepare a draft technical memorandum.The memorandum will include discussions of methodologies used,the hydrologic characterization and locations of potential waters of the U.S.,and an opinion on their jurisdictional status, if present.The draft technical memorandum will be submitted to the City for review and comment.After incorporating the City's comments into the document, FNI will submit a final technical memorandum to the City. 3. Geotechnical Study Task 1-Field Exploration a. Select appropriate locations for exploratory borings. The Engineer will coordinate with the City of Kennedale and Texas 811 regarding underground utilities within the vicinity of the planned boring locations prior to commencement of the field exploration activities. b. Subcontract with a drilling contractor to drill a total of six(6) borings,three at a depth of 35 feet and three at a depth of 20 feet. c. Subsurface samples will be collected using 3-inch diameter Shelby tubes for cohesive soils and a 2-inch diameter split-spoon sampler in conjunction with the Standard Penetration Test (SPT) for intermediate and non-cohesive soils. Rock, if encountered, will be tested in-situ using the TxDOT Texas Cone Penetrometer(TCP)test,as appropriate for the material. a. Groundwater observations within the borings will be recorded at the time of drilling and at the completion of drilling and sampling. b. At completion of drilling and sampling,the borings will be backfilled with auger cuttings. d. Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided according to ASTM D2488 and the Unified Soil Classification System(USCS)during drilling and sampling. Task 2—Laboratory Testing e. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. f. The Engineer will select samples for laboratory testing, assign tests, and review the test results. g. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered during exploration,but are expected to include: LAResources\cbs\ FNI u Ci- SC-5 OWNER h. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) i. Moisture content j. Dry unit weight k. Unconfined compressive strength Task 3—Engineering Analysis 1. Prepare a Geotechnical Investigation Report summarizing the field exploration, laboratory testing,and engineering analysis to include the following: m. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. n. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work and the implications for design. o. General discussion of expected construction related issues. p. Earthwork related recommendations for use during development of plans and specifications. q. Submittals will include one (1) paper copy and one (1) electronic PDF copy of the Geotechnical Investigation Report. 4. Subsurface Utility Engineering(SUE)and Surveying a. Perform Level D SUE by calling the One Call Agency and visually inspecting the area for evidence of utilities, and reviewing the available utility record information. Utilities not identified through these efforts will be here forth referred to as"unknown"utilities.The area will be scanned with electronic prospecting equipment to search for unknown utilities. However, FNI nor their Sub Consultant will be responsible for designating and locating unknown utilities that were not detected while scanning the work area. b. Perform Level B SUE for a 150 foot wide section for up to 2,560 feet.All existing utilities shall be surveyed. 5. Topographic Survey a. Establish horizontal and vertical control from existing survey references on previous City of Kennedale projects in the area.The horizontal datum shall be North American Datum 1983 and the vertical datum shall be North American Vertical Datum 1988. b. Establish 5/8 inch rods every 500 feet along alignment c. Cross sections shall be taken at no more than 50'intervals along with apparent break lines as required to provide a digital topographic design file at F contour intervals. Top of ground shall obtained to 0.10'accuracy. d. Survey existing utilities and soil borings. e. Search for and survey in any FEMA benchmarks on the project site f. Locate and identify approximate property lines for the subject property, as described in current deed of record within Tarrant County Deed Records.Locate and show found property corners within the survey limits. Tarrant County Deed Records shall be searched for easements that may affect the subject property and identify the affects, if any,on the subject property and show the locations of the easements,if possible.Identify property owner names per deed,posted street addresses and deed recording information,for the subject property and immediate adjoining properties within the survey limits. g. Types of existing pavement surfaces shall be identified for streets, alleys, sidewalks, driveways, etc. Any planters, mailboxes (with type) and other improvements shall be identified. h. Invert elevations and size/type of visible utility,drainage pipes and culverts shall be identified for any visible manholes and culverts within the project limits.For gravity flow utilities(i.e. storm water and sanitary sewer) tie in the manhole upstream and downstream of the last manhole.This may result in having to tie in manholes that are outside the project limits.Note any relevant information (damaged,silted in,etc.) LAResources\cbs\ FNI P U-- SC-6 OWNER i. One(1)easement description and exhibit will be included in the scope of work.Acquisition of the easement can be provided as an Additional Service. j. A tree survey is not included in this scope because City Ordinance 268, Section 16-80 exempts all areas within utility or drainage easements from the tree protection plan.However, the Surveyor will survey the outside limits of dense trees and individual trees 6 inches in diameter and greater;trees that need to be protected can be marked on the plans. ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER,which are not included in the above described basic services,are described as follows: A. Furnish OWNER,when requested,the engineering data necessary for applications for routine permits required by local,state and federal authorities. Preparation of applications and supporting documents for government grants or for planning advances is an Additional Service. B. Assist the OWNER in conducting a pre-bid conference for the construction projects and coordinate responses with OWNER. Response to the pre-bid conference will be in the form of addenda issued after the conference.Attend the tour of the project site after the pre-bid conference. C. Field layouts or the furnishing of construction line and grade surveys. D. GIS mapping services or assistance with these services. E. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof,or to verify the accuracy of drawings or other information furnished by OWNER. F. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. G. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction,and providing services as may be required in connection with the replacement of such Work. H. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations,assessment schedules,and material audits or inventories required for certification of force account construction performed by OWNER. I. Providing shop, mill,field or laboratory inspection of materials and equipment. J. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies,courts,arbitration panels or any mediator,giving testimony,personally or by deposition,and preparations therefore before any regulatory agency,court,arbitration panel or mediator. K. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during the Construction Phase. L. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). LAResources\cbs\ FNI P cl. SC-7 OWNER M. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. N. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. O. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. P. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. Q. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. R. Services required to resolve bid protests or to rebid the projects for any reason. S. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings,or contract completion activities. T. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s)to complete the work within the contract time. U. Providing services after the completion of the construction phase not specifically listed in Article I. V. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. W. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. X. Providing services to review or evaluate construction contractor(s)claim(s), provided said claims are supported by causes not within the control of FNI. Y. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Z. Provide follow-up professional services during Contractor's warranty period. AA. Preparation of a Nationwide Permit(NWT)Pre-Construction Notification (PCN)for submittal to the USACE. BB. Conducting an archeological survey along the proposed pipeline alignments. CC. Formal delineations of potential waters of the U.S. DD. Preparation of a preliminary Jurisdictional Determination report. LAResources\cbs\ FNI VU- SC-8 OWNER EE. Conducting a functional or condition assessment (e.g., TXRAM) on waters of the U.S. potentially impacted by the proposed project. FF. Preparation of an individual 404 permit application(IP). GG. Presence/absence surveys for federally listed threatened/endangered species. HH. Application for Texas Parks&Wildlife Department Sand and Gravel Permit. II. Application for General Land Office Easement. JJ. Consultation with the U.S.Fish and Wildlife Service under Section 7 of the Endangered Species Act. KK. Other environmental services not specifically defined in this scope of services. LL. Potholing for SUE Level A. LAP esources\cbs\ FNI PCL- SC-9 OWNER ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: A. Kickoff Meeting with OWNER.Within One Week of Notice to Proceed B. Preliminary Design: a. Right of Entry,SUE, and Survey: Within 10 Weeks of Notice to Proceed b. Geotech and Environmental Studies:Within 15 Weeks of Notice to Proceed C. 60%Design.Within 5 Weeks of the Completion of SUE and Survey. D. 99% Design.Within 3 Weeks after the 60%Review Meeting. E. Sealed Documents.Within one Week after the 99%Review Meeting. F. Bid and Construction Phase Services:To be Determined If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews,delays on the flow of information to be provided to FNI, governmental approvals,etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. ARTICLE IV RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Owner recognizes and expects that certain Change Orders may be required. Unless noted otherwise, the Owner shall budget a minimum of 5%for new construction and a minimum of 10%for construction that includes refurbishing existing structures. Further,Owner recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision,incompleteness,errors,omission,ambiguities,or inconsistencies in the Drawings,Specifications,and other design documentation furnished by Engineer or in the other professional services performed or furnished by Engineer under this Agreement ("Covered Change Orders"). Accordingly, Owner agrees to pay for Change Orders and otherwise to make no claim directly or indirectly against Engineer on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the aggregate costs of all such approved Covered Change Orders exceed 2%for new construction and 4%for reconstruction. Any responsibility of Engineer for the costs of Covered Changed Orders in excess of such percentage will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph,the cost of Covered Change Orders will not include: • any costs that Owner would have incurred if the Covered Change Order work had been included originally in the Contract Documents and without any other error or omission of Engineer related thereto, LAPesources\cbs\ FNI A)U.- SC-10 OWNER • Any costs that are due to unforeseen site conditions,or • Any costs that are due to changes made by the Owner. • Any costs that are due to the Contractor Nothing in this provision creates a presumption that,or changes the professional liability standard for determining if, Engineer is liable for the cost of Covered Change Orders in excess of the percent of Construction Cost stated above or for any other Change Order. Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. C. Provide all criteria and full information as to OWNER's requirements for the Project,including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. E. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI,obtain advice of an attorney,insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. G. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. H. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. I. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident Project Representative service so the Bidders can be informed. J. If OWNER designates a person to serve in the capacity of Resident Project Representative who is not FNI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this AGREEMENT before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase services as defined in Attachment SC, Article 1,C,together with such adjustment of compensation as appropriate. LAResources\cbs\ FNI SG11 OWNER K. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. L. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. M. Furnish,or direct FNI to provide,Additional Services as stipulated in Attachment SC,Article II of this AGREEMENT or other services as required. N. Bear all costs incident to compliance with the requirements of this Article IV. ARTICLE V DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative—Larry Ledbetter,Project Manager 923 E. Kennedale Parkway Kennedale,TX 76060 lledbetter@ci-tyof,ken,ned,a-le.com (817)985-2171 FNI's Designated Representative— James Johnson,Project Manager 4055 International Plaza, Suite 200 Fort Worth,TX 76109 JKJ@freese.com (817)735-7264 FNI's Accounting Representative— Matt Shafer 4055 International Plaza, Suite 200 Fort Worth,TX 76109 NICS @ freese.com (214)217-2238 LAResourceskW FNI�i, SC-12 OWNER ATTACHMENT CO COMPENSATION Compensation to FNI shall be the lump sum fee of One Hundred Nineteen Thousand Nine Hundred Twenty Dollars($119,920). If FNI sees the Scope of Services changing so that additional seances are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER'S approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charges: Position Min max Professional- 1 68 116 Professional-2 88 148 Professional-3 94 181 Professional-4 138 221 Professional-5 175 243 Professional-6 166 442 Construction Manager- 1 86 114 Construction Manager-2 104 150 Construction Manager-3 129 161 Construction Manager-4 162 220 CAD Technician/Designer- 1 57 99 CAD Technician/Designer-2 90 129 CAD Technician/Designer-3 116 166 Corporate Project Support- 1 42 96 Corporate Project Support-2 70 173 Corporate Project Support-3 76 335 Intern/Coop 35 64 Rues for In-House Services Technology Charge Bulk Printing and Reoroduction $8.50 per hour B&W Color Small Format(per copy) $0.10 $0.25 Travel Large Format(per sq.e.) Standard IRS Rates Bond $0.25 $0.75 Glossy/Mylar $0.75 $1.25 Vinyl/Adhesive $1.50 $2.00 Mounting(persq.e.) $2.00 Binding(per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and rates will be adjusted annually in February. 340-22015 L:\Resources\cbs\ FNI 1J CO-I OWNER 10-25-07 ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to the City of Kennedale,Texas ThetermFNIas used herein refers to Freese and Nichols,Inc.,its employees and agents;also its subcontractors and their employees and agents. As used herein,Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner,without invalidating the AGREEMENT,may order changes within the general scope of the WORK required by the AGREEMENT by altering,adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNI's cost of,or the time required for,the performance of any part of the Services under the AGREEMENT,an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT maybe terminated by either party upon ten days'written notice. In the event of termination,FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and,in addition,all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract,tort,strict liability, warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss ofproduct,loss of use of the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. FNI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data,design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI harmless from any and all claims and judgments,and all losses,costs and expenses arising therefrom. FNI shall disclose to Owner,prior to use thereof,defects or omissions in the data,design criteria,drawings,specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability Workers'Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability(Any Auto) Professional Liability CSL $1,000 $3,000 Annual Aggregate 7. SUBCONTRACTS: If,for any reason,at any time during the progress of providing Services,Owner determines that any subcontractor for FNI is incompetent or undesirable,Owner will notify FNI accordingly and FNI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings,reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants,and Owner shall indemnify and hold harmless FNI and FNI's independent associates and consultants from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may reuse all drawings,report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner,and FNI shall indemnify and hold harmless Owner from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting therefrom. Page 1 of 2 FNI lU U— OWNER 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous,radioactive,toxic,irritant,pollutant,or otherwise dangerous substance or condition at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT,FNI does not take possession or control of the subject site,but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Further,FNI shall have no responsibility for any pollutant during clean-up,transportation,storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FM will furnish an opinion of probable project development cost based on present day cost,but does not guarantee the accuracy of such estimates. Opinions of probable cost,financial evaluations,feasibility studies,economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized,however,that FNI does not have control over the cost of labor, material,equipment or services furnished by others or over market conditions or contractors'methods of determining their prices. 11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT,FNI will furnish Construction Representation according to the defined scope for these services. FM will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. Inperforming these services,FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors;FNI will report any observed deficiencies to Owner,however,it is understood that FNI does not guarantee the Contractor's performance,nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means,methods,techniques, sequences or procedures of construction selected by the Contractor,or the safety precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person(except his own employees or agent)at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties,responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses,and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation. If OWNER fails to make any payment due FNI for services and expenses within thirty(30) days after receipt of FNI's statement for services therefore,the amounts due FNI will be increased at the rate of one percent(1%)per month from said thirtieth(30th)day,and,in addition,FNI may,after giving seven(7)days'written notice to OWNER,suspend services under this AGREEMENT until FNI has been paid in full,all amounts due for services,expenses and charges. 13. ARBITRATION: No arbitration arising out of,or relating to,this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners,successors,executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners,successors,executors,administrators and legal representatives(and said assigns)of such other party,in respect of all covenants,agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign,sublet or transfer any rights under or interest in(including,but without limitation, moneys that may become due or moneys that are due)this AGREEMENT without the written consent of the other,except to the extent that any assignment,subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of services hereunder. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize FM's Services,only the terms,conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT,then this AGREEMENT shall prevail and shall be determinative of the conflict. Page 2of 2 FNI p(, OWNER ic KENNEDALE You're Here,Your Home www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: April 18, 2016 Agenda Item No: REQUIRED APPROVAL ITEMS (CONSENT) - G. I. Subject: Consider approval of design contract with Freese and Nichols for the hydraulic analysis of the bridge structures under the TxDOT bridge replacement program II. Originated by: III. Summary: The proposed design contract is through a contract amendment for New Hope Road. Freese & Nichols, the engineering firm doing the work is proposing to take the southern-most 3000 feet of the project limits from the schematic design to a 90% design level. This will include roadway design, hydraulic analysis and design, design survey and subsurface utility engineering. The following documents detail the anticipated work: Contract Change Authorization Form Scope of Services Detailed Cost Breakdown Form 1295 The proposed work is being done to coordinate with the planned TxDOT replacement of the bridge on New Hope Road. Staff recommends approval of the contract amendment with the understanding that the City of Kennedale will cover the deficit for the design cost and will not look to the participating taxing jurisdictions for payment. This will be a liability for the TIRZ fund with payment coming from future revenues. IV. Recommendation: Approve V. Alternative Actions: VI. Attachments: 1. Contract Change Authorization Amendment#KEN15333 Amend 1 - Authorization Form.pdf 1 2. Scope of Services - Contract Amendment# 1 KEN 15333 Amend 1 - Scope of Services. df 3. Detailed Cost Breakdown KEN 15333 Amend 1 - Detailed Cost Breakdown. df Form 1295 - Certificate of Interested Parties IForm 1295 Certificate 100039020. df Rev. 12/15 FREESE CONTRACT CHANGE AUTHORIZATION a01CHOLS Amend#1 Client: City of Kennedale FNI Project No.: KEN15333 923 E. Kennedale Parkway Client Contract Ref.: Kennedale,TX 76060 Attn: Bob Hart Date: April 8,2016 Project Description: New Hope Road Description of Services Added/Deleted: As more fully described in the attached Scope of Services Deliverables: As more fully described in the attached Scope of Services Compensation shall be adjusted as follows: A lump sum fee of Two Hundred Twenty Five Thousand Six Hundred Seventy Six Dollars ($225,676) Original Contract $172,635 Amended Amount $225,676 Revised Total Contract $398,311 Schedule shall be adjusted as follows: As more fully described in the attached Scope of Services The above described services shall proceed upon return of this Contract Change Authorization. Services will be billed as they are done. All other provisions, terms, and conditions of the agreement for services which are not expressly amended shall remain in full force and effect. ❑ A contract modification will be submitted. ® This Contract Change Authorization will serve as contract modification. FREESE AND NICHOLS, INC.: CITY OF KENNEDALE,TEXAS: BY: - BY: 13 Print Name Print Name TITLE: �//�1c � TITLE: DATE: RqB2!Ml `/�/�a DATE: 4055 INTERNATIONAL PLAZA,SUITE 200 FORT WORTH,TEXAS 76109-4895 TELEPHONE:817-735-7300 FAX:817-735-7491 www.froose.com L:\Resources\OLCR\K\Kennedale\KEN15333U1md#1 New Hope Road Scope of Services—Contract Amendment#1 Description As one of the bridge class culverts was selected for funding as part of the TxDOToff-system bridge replacement program,this design contract will move the design forward on the southern-most 3,000 linear feet (beginning at the transition to Hudson Village Creek Fbad)of New Hope Fbad from the current schematic level design to a 90%level design.This effort will include roadway design, hydraulic analysis and detailed design survey and property acquisition documents.The two creek crossings are anticipated to be culvert designs as shown in the previous hydraulic memo with a pedestrian underpass adjacent to the northern culvert. Construction plansand specifications package are not included at this time asthe timetable to construction and the contracting method are uncertain at this time. Roadway Design 1. FNI will visit the site up to three(3)times during the design processto confirm design elements. 2. FNI will utilize design survey to review and confirm the roadway geometry. 9gnificant change to the roadway alignment from the schematic design may be an additional service. 3. FNI will utilize the topographic survey to revise the roadway profile.Asthe profile for the schematic was based on 1' contour data, profile revisions may be necessary for this design and this effort is assumed as part of this scope. 4. FNI will prepare the geometric design for retaining walls associated with the roadway which may be necessary.This will be a civil plan/profile layout only and will not include geotechnical or structural design at t his time which would be induded in the final design for construction plans. 5. FNI will prepare grading layouts detailing grading work to be performed near the culverts and adjacent to the roadway in order to finalize property easements required for the project. 6. FNI will prepare the storm drain design for the roadway.This will include developing contributi ng drainage areas, determi ning i nlet spadngand sizi ng, determi ning storm drain pipe layout, profile and sizi ng. Lateral profiles are not to be included with this package and may be induded for the final design. 7. FNI will prepare a striping layout plan for the roadway and connecting roadways. 8. FNI will review available and surveyed utility data to determine potential utility conflicts. FNI will contact franchise utility companies(from a list provided by Oty)to share the plans with the project with them and receive feedback from the utility companies. 9. FNI will submit 60%design drawi ngs whi ch will indudealI of the elements listed in items 2-4 and 6 above. 10. FNI will submit 90%design drawingsto indude addressing of any comments provided at the 60%level plus items 5& 7 listed above. 11. FNI will attend up to six(6)coordination meetings induding meetings with the Oty, meetings with TxDOT, design review meetings,franchise utilities or property owners. Services not included in roadway design: 1. Geotechnical design—including wall design and pavement design Page 1 of 3 2. Traffic control plans 3. Erosion control plans 4. El ructural design for walls 5. Bridge design (as drainage crossings are antici pated to remain as culverts) 6. Fight-of-way agent or appraisal services 7. All services listed in original contract not specifically included in this amendment Hydraulic Analysis 1. FNI will perform data collection and afield visit to confirm best available data is being used for the analysis. This may include data requests to FBVIA or the City of Kennedale. 2. FNI will perform regression equation analysis of the watersheds contributing to the two crossings to determine an existing conditions discharge if required by TXDOT. 3. FNI will develop across section layout for the HEC-RASmodel based on the design alignment. 4. Existing Conditions HE3,RASmodel will be developed for the two crossings based on the prior modeling efforts performed by FNI for New Hope Fbad reflecting the revised cross section layout and any newly available topographic survey. 5. FNI will evaluate one selected design configuration for each of the two crossings of either a bridge, box culvert, or arch pipe to determine the geometry required to meet the design objectives and criteria. 6. A scour analysiswill be performed if a bridge design or open bottom pipe design is pursued at either crossing. SDour mitigation measures will be evaluated and incorporated into the design. 7. A Hydraulic Faport will be prepared for submission to TXDOTaddressing the design and hydraulic considerations outlined in the TXDOT Hydraulic Design Manual. Hydraulic data sheets will be developed for the two crossings and incorporated in the construction plans. Up to 5 copies of the report will be provided. Assumptions: 1. The models developed previously by FNI based on models developed by Halff Associates will be the basisof the design models. 2. The hydraulic structureswill be sized to meet the City of Kennedale hydraulic criteria, but results will be provided for TXDOTcriteria. 3. It is understood a FBVIA map change is contemplated for the watershed at some point in the future. It isassumed the Special Rood Hazard Area in the project vicinity is not revised during the design and no floodway modeling is necessary. Favisionsto modeling based on revised floodplain models isan additional service. Preparation and submittal of Letter of Map Favision or Conditional Letter of Map R-,vision to FBVIAisan additional service. Survey 1. Prepare property mapping for 500' south of Hudson Village Creek Road (not previously included in scope) 2. Prepare topographic survey for project area as identified in description above, including identification of all surface elements. 3. Prepare and send right of entry letters for up to 17 affected properties 4. Prepare 6 right-of-way acquisition documents Page 2 of 3 5. Prepare 8 permanent easement documents 6. Temporary easement documents are not included, if required they will bean additional service. Subsurfaoe Utility Encineering(SUE) 1. Provide level BSJEservices. Level Bindudes horiaDntal location of existing utilities, including services, along the 3,000 linear feet of the project limits as detailed in the description above. The limits include Fight of Way to Right to Way and the properties to be acquired. The Level "B" will include overhead utilities. 2. Level ASJEserviceswill be considered an additional service. Level Aisdefined as excavation of test holesthat are in potential conflict with the proposed work. Schedule • FNI will provide 60%design plans 12 weeks after notice to proceed • FNI will provide 90%design plans 8 weeks after design review meeting Page 3 of 3 City of Ke.Uetlal, Project Fee Summary New Hope Road Bazic E 225,616 41&2U16 Datailetl Coat Breaktlovm Total Pro'M ",$ 225676 Basic Services Pbase Task. Employee T ILabor Total Ex _ Total Hours penze Total Sub Effort Tmal EROrt PfoM Role EROrt Eff- dy Bill Rate $146.00 $136DO $91c DD '. $197 DO $197 00 $169 00 $130.00 $107 00 $130.00'. $169 00 IROaawa Des n u to 9o% E E 8 $ 5 to V mfs(Up tc 3)---- 9 9 18 S 2484 E 234 E E 2]18 Update Plan LaycN -4 16 - 40 60 E 6304 $ 510 $-- E-- 6814 U ate Profile La out 4 40 16 60 E ]240 E 510 E.... ELL Gross Sectons 4 32 16 52 E 6200 E 442 $ $ 6642 Preps retanng wall lays uts E 40 16 = 64 S ]824 E 544 $ $ 8368 .. Prepareg,"ngplans 8 40 16 64 E ':824 $1 544 $ E 8368 ---- Sbnnd narea and-islet la ut ---- ---8 40--- 40 --- - ---- - ---- ---- -- 86 ---E 10006.8. ]48-$ Storm drain la ou[and sain a 40 40 88 $ 10008 $ ]48 E $ 10]56 Storm drain rofile 8 20 20 48 E 5568 E 408 8 $ 5996 Pre pare svpng layout 4 16 a _. _. 28 $ 3392 E 238 E $ 3630 .. Pre re 60%wbmRlal ack e 12 32 40 16 100 E 12]04 E 1058 $ $ 13]62 Respond s\bnittal t o % 12 32 40 16 10 E 12,704 E 108 E E 3,762 a e m M pa Design —dnaton&Mcenngs(Up—).. 18 t8 _. 18 _. 54 -_ _---. ----. --_ -- --- - _- - ---- -_-. -- E 6 $ 8646 Uy maVn 4 6 20 264 E 16 E E 2834 '.H raulic Ma srs E 8 E E Meetin s 2 a 8 8 24 $ 3560 $ 294 $ $ 3]64 Field Vist 4 4 8 $ 1,196 $ 95 $ $ 1 291 Data CO6ectron 4 - $ 1196 68 $ $ 1264 2 6 ' '. Oevelc Crog Sections accordi tc des n 2 4 6 E $856 E 51 $ S 909 Update NEGRNS modelswi9\reviretllaycu[(Exi3ing G 12 i6 $ 2,236 E 936 $ - E 2,3]2 Gonditans='l— D er neI._ of 1 selectetl desgn(bdtlge, q 2D 4D 64 $ 9,368 E 544 $ - $ 9,912 _ invert b) n (p_P ctMOdel) Perform SCOUr Nnal ss 2cm=an s - _ -- _ 2 -- 12 24 _-- _ 38 _$ D E DOD E - E 5885 Wrke THDOTH tlraulic Re ort 8 16 40 20 84 $ 11620 E 1044 $ E 12664 Up to two Hydraulic plan sbeeG percrossng 4 8 2D 32 $ 3,856 $ 272 $ $ 4,128 Decmorpbclogy Revew_ 2D 20 $ 2,600 $ 170 $ $_ 2yno Drayage QC ,,8 16 24 _$ 3872 $- 204 $-- $-- 4076- ..... Drana9,-9 Support ...... .... 16 „1fi ..... 32 E 4784 $ 21 $.... $.... 50.56 Property Map -E S- $ 3630 E- 3630 . ToPographc Survey .... .... ..... E $- $-- 26,]30 E-- 26,]30 a ' ROE Letters E E E 2338 E 2338 ROW Docuerrznts E E $ 10 725 $ 10]25 Ea�ment Documents E E $ 8560 $ 8560 ..SUED-1 .. ...E E. $.. 8800 E... 8800 Total Basic Services Hours 12] 391 292 J2 14 106 160 40 20 16 _ 1,200 $ 15J,642 $ 11,231 $ fi0,803 S 225,6T6 —1Bxic Services Labor EROrt$ 16542 $50.830 $26512 $ 6304 $ 2)56 $11914 $20800 $ 4,280 $ 2.600 $ 3.042 1 U3 L\Rawrca\OLCRJ(\Kenrio'laE\KEN15333 Nav Hope RoadWmd M\Ia=N 153.43 Pmap 1-Fs Sp®1sbeY.x6m N82o'16 City of Ke00etlale Prgecl Fee Summary New lb Road Rasic $ 225,676 G&21116 Spec al E..... fhiail.CO el B'16-.own Total Pfo'ect ",$ Z25676 Lg Format Lg Format Lg Format Lg Formal Lg Formal Lg Format= Phase Task Expenses TxM1 GM1arge Mlles B&W col., Binding Bond- Glo /Myl Vinyl-he Bond Gl,—/m yl V Yl h_ O[M1er O[M1er O[M1er Total Exp (sM1eet) (sM1eet) _ (—h) B—(sa_ r-B— s e-13— Golor(sa_ rI. s e-GOlor — ft ft. ft. ft ft ft. Roadway Besgn(up to 90%) __. _. _. $ - 9YeVi9ts u tai 18 150_-- _ $ 234 upaafe%aaow 60 $ 510 ........ a ....... e.. .. .... ' u ate Profib L W 60 $ 510 Pre re refary wall d-ufs 64 --$ 544 Pepare grading pbn 64 $ 544 ......... a ....... e.. .. .... Storm drain area and inlefla u 88 $ ]48 1 Slo�m dranppe layout_andsmg 88 __. _. _. _ 8 ]48 sformdranprof le 48 -s re stop ng layout8 $ 236 Pre re .60%svumrttal zck a 100 2000 20_ 10 � $ 1056 RespoM to 60%submittal comments aM prepare 90% 100 2,000 20- 10 $ 1058 Oesyn COOrdknakon&Neekngs(upb6j .... 54 300-- 60 .... $ 636 ulilyCOOrdkafion 20 $ 1]0 H raulic Are ss $ Mee1,ngs(2j 24 $ 204 .. _.. F eldVSl 8 50 Bata GoYectbn 6 $ 68 Bevel L Sectbns acmrdi odes n 6 $ 51 upaale HEC-RAS rtndelswifM1 revised byouf(Exi4ing 16 $ 136 CandiMns Mad el) .. Bcdemme geomef—oft--desgn(bridge, 64 $ 544 cW♦M arch of 2 bralions Po9 Pr-xf Model Perform Scour Are is 2-- s 38 $ 323 Write TXO Hydraulic.Report 84 _ 300 $ 1044 .. up-lo two HydraWC pbn sheets per crosmg 32 $ 272 Geomor bola Review 20 $ 1]0 a OC 24 s 204 D raira 32 S vz $ Pm Ma $ T r tvc suv $ - ROE Letters $ Easvr�eAl Lbcu h. $ suE Levef B $ T Rasic Services Items 1,200 500 4,000 1 W_ 20 300 TWI Bxic Services Expenses EROrt 2— L\RaootcarOLCRJ 1--l—EN15333 N.Hope 1-Fe¢Sp®1sM1aY..1— N82o'16 City of Kennetlale Project Fee Summary New Hope R-d Basic $ 225,676 4&2016 SP al E..... Oetaii.d Cost Breakd— TWI Pto'ect $ 225676 Pbase Task Subconsultams G.", d na [Name2] [Name 3] [Name 4]_ Total SUb EROrt Pro Ma 3300 $ 3630 T r Nc Sav 24 300 $ 26130 RCELDt= 2125 $ 2338 RGN ocumenfs 9150 _ $ 10125 Ea-�m¢M OOCUments--- 1800 $ 8580 SIIE LeveIB 8000 $ 8800 T I Buic Services Subcensultanh Cost S 55,2]5 S $ '.S $ S 2 S S '.4 S $ S S T I Bxic Services SubconsultanK EROet 3U3 L-1-1--KEN15933 N.Hope RaVNma ffl—5333 PmaM 1-Fe¢Sp®1skeY.x6m w82o'16 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 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. 2016-37600 Freese and Nichols, Inc. Fort Worth, 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 04/08/2016 being filed. City of Kennedale 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 goods or services to be provided under the contract. New Hope Road Engineering Services for New Hope Road Amendment#1 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Hatley,Tricia Oklahoma City, OK United States X New ,John San Antonio, TX United States X Payne,Jeff Dallas, TX United States X Haster, Thomas Fort Worth,TX United States X Nichols, Mike Austin, TX United States X Lemons, Ron Fort Worth,TX United States X Pence , Robert Fort Worth,TX United States X Gooch, Tom Fort Worth,TX United States X Herchert, Robert Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm, under penalty of perjury,that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me, by the said Jessica Brown this the 8th day of April 2016 to certify which,witness my hand and seal of office. Kelly Jean Shriver Notary Public Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 KENNEDALE You're Here,Your Home wuruv_cityofkennedaIe.corn Staff Report tot he Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: DECISION ITEMS -A. I. Subject: CASE# PZ 16-04 Public hearing and consideration of approval on a request by Chesapeake Land Development Co. for a replat of approximately 2.752 acres located at 400 Bolen Rd, known as George Case Addition Block A Lot 3, Kennedale, Tarrant County, Texas. The replat would create lots 3R&4. 1. Staff presentation 2. Applicant presentation 3. Public hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council II. Originated by: Rachel Roberts, City Planner III. Summary: Request: replat Location: Bolen Rd behind Chesapeake gas well pad site Zoning: Agricultural and C-2 (one lot to be platted is zoned AG, and the other is zoned AG and C-2) Requested by: Chesapeake Land Development Staff recommendation: approve Planning &Zoning Commission recommendation: approve Background This property was platted in 2010 as the George Case Addition as part of a Chesapeake gas well pad site development. Chesapeake would like to plat out a portion and sell that portion to the neighboring property owner. The site is bordered by large lot residential use and acreage use (this appraisal district category includes ranch land, farm land, and undeveloped acreage tracts) to the south and west and by commercial uses to the north and east. The property is very close to the frontage road for 1-20. Application requirements An application for a replat must include a plat drawing and may include plans as required by the Public Works department and city engineer. For this case, no plans were required. Staff Review and Recommendation City staff and engineers reviewed the minor plat for compliance with the comprehensive plan and with city standards and regulations. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Compliance with the comprehensive land use plan. The Future Land Use Plan shows this area to be within a Neighborhood character district, which is intended to be primarily residential in character. However, given the proximity to 1-20, the existing commercial/industrial character of the area, and the presence of a gas well pad site so nearby, staff does not expect this property to transition from commercial to residential use. Staff therefore considers the plat to be in compliance with the comprehensive land use plan. Compliance with city regulations. City staff and city engineers have reviewed the proposed plat and deemed it to be in compliance with these regulations. Staff recommends approval. Recommendation by the Planning & Zoning Commission The Planning & Zoning Commission considered this case on its April 14 agenda. It voted to recommend approval on the condition that the city's engineers review the metes and bounds description. Action by the City Council The City Council may either approve the plat as presented or deny the plat. If the plat meets all city requirements and is in compliance with the comprehensive land use plan, the Council must approve the plat. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII. Alternative Actions: �,O aa.�Z 4 R 0 W z I mry HI U) W w>ZZ 80 i-2 W NU Na 19 uj A E I < Oz Ll .1 .1 II II 10 os- Ui cc: 0< I a CL �H "HE 0 oL z 0 z' `o l I ? &" Ilua �I ~E o ------------------------------ -------------/- Ci .112 �V-B E E sauauauaanoE){o younoo sexal Iea;uGO gJJON W04 faa6euai Ieuae�? e;ep peon{ �y aou;s!p les.ieaddy;ueuelaya Luoaj eaep l0epunoq laoaed co r es O LL f � 0 N r F - SJNRJdS Qrd SOURIdS KVtV OH F' Q a { 1� r T S o` N m m m m n m M M' QV Q N (V Q r M m Q N U Q � o M Q � 0 ro � v = N i M�` ` • mQ ZU U 'y O Df of M N O i of 1 � LL K C? N x - �C) N a a` o 0�- ro Q � v ,ry KENNEDALE You're Here,Your Home wuruv_cityofkennedaIe.corn Staff Report tot he Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: DECISION ITEMS— B. I. Subject: CASE# PZ 16-05 Public hearing and consideration of approval on a request by Linda Miller for a minor replat of approximately 5 acres located at 411 and 431 Kevin Miller Rd, a portion of Lot 9 of the J. M. Estes Home Tracts, Kennedale, Tarrant County, Texas. The replat would create lots 1 &2, Block 1, Miller Hill Addition. A variance from the cul-de-sac requirements of Section 17-303(a)(8) is requested. 1. Staff presentation 2. Applicant presentation 3. Public hearing 4. Applicant response 5. Staff response and summary 6. Action by the City Council II. Originated by: Rachel Roberts, City Planner III. Summary: Request: minor replat with a variance from the cul-de-sac requirements in the subdivision regulations Location: dead-end of Kevin Miller Rd Zoning: Agricultural and R-3 single-family residential Requested by: Linda Miller Staff recommendation: approve Planning &Zoning Commission recommendation: approve Background This property was originally platted in 1946 as part of one large lot within the J M Estes Home Tracts Addn. Most of the original lot has been subdivided and replatted over the years, but a portion of the original lot remains, and the applicant, Ms. Miller, owns a large portion of the remainder. Ms. Miller would like to build a new house, but since she already has one house on the property, a new lot is required before the new house can be permitted (city code prevents having two homes on one lot in this zoning district). Application requirements Applications for a minor plat typically only require a plat drawing. Additional plans are sometimes also required. In this case, water and waste water plans would be required because the larger proposed lot is not connected to the city's water and wastewater lines. However, because Ms. Miller is dedicating an easement across her property that would allow the city to connect two dead-end water lines, the city will connect the larger, unserved lot to water and wastewater facilities and will provide the plans (see below). Staff Review and Recommendation City staff and engineers reviewed the minor plat for compliance with the comprehensive plan and with city standards and regulations. 405 Municipal Drive, Itennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 Compliance with the comprehensive land use plan. The Future Land Use Plan shows this area to be within a Neighborhood character district This district is primarily residential in nature. Neighborhoods should have defined boundaries, a clear center, and be easily accessible to day-to-day goods and services...The center of a neighborhood should be a civic, public, or community use in which people can come together— such as a park, school, or neighborhood amenity center. Staff considers the plat to be in compliance with the comprehensive land use plan. Compliance with city regulations. In addition to being in compliance with the comprehensive land use plan, plats must also comply with all applicable city regulations. These regulations include the subdivision design regulations, the Public Works design manual criteria for public improvements, and the regulations governing Agricultural and R-3 zoning districts under Section 17-405 of Kennedale city code. City staff and consulting engineers have reviewed the proposed plat for compliance with these regulations. The plat will meet city regulations except for the cul-de-sac requirements and the utility requirements. (1) Kevin Miller Rd is a dead-end street built prior to the city's annexing the area and prior to the city adopting regulations prohibiting dead-end streets. Properties platted now must meet a cul-de-sac requirement, and cul-de-sacs on streets longer than 600 feet are prohibited. But because this street has been in place since before the property was annexed, and because the street is low in density and does not have much traffic, staff would recommend approving an alternative option of dedicating a hammerhead for the fire department vehicles to use. This option requires a variance and must therefore be approved by the Planning & Zoning Commission and City Council rather than staff. In addition, the street would be longer than 600 feet, which would not be permitted (either with a cul-de-sac or a hammerhead) without a variance. Fire department staff has reviewed and approved the proposed location and size for the hammerhead. (2) City utilities (water and sewer) are not available at this property but are located nearby to the north along Kevin Miller Rd. In this case, as part of the plat application, the applicant would normally be required to submit engineering plans showing how the property would be connected to the city water and sewer lines to the north. Kevin Miller is a dead-end water line, however, and the City would prefer to connect that line to a dead-end line in the Vineyard development to the south. Ms. Miller is dedicating a water line easement across her property, which will allow for the connection. Because the city will provide the connection to water and wastewater services, city staff considers the plat to be in compliance with city regulations on utilities. Staff recommends approval of the plat with the requested variance. Recommendation by the Planning & Zoning Commission The Planning & Zoning Commission considered this case on its April 14 agenda. After holding a public hearing, the Commission voted to recommend approval. Action by the City Council The City Council may either approve the plat as presented or deny the plat. If the plat meets all city requirements and is in compliance with the comprehensive land use plan, the Council must approve the plat. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: VII. Alternative Actions: s;uauauaanoE);o;iounoo sexal;ea;uGO y;aoN W04 41G5etu.1 ae e;ep peon{ jot sio;esiefddy;ueaaelay;ufoa�e�ep Gepunocasaed I. T � '10 "look '.I 4- �'- - - r�,.: .'-.• 1," _ ::x ^}\� O AL M M M M O M e � � M C', m_a m`o a nT� 1� +� W (/� • KEVIN MILLER RD U� N � v a M z"3 Q Q 01. o .rj i N U � N ¢ ¢ m 3 N¢ Cl U q-- U ¢ 0 k ~ ~ Q N O LO a K M K O O N a s M ? Qf UVo4 WV 2il ~ m UVo4 6V6 2i1 Vt 211 V1211 V1211 01211 afs ,,,,' _ 291211 - w CD Z Z z w A Y Z r w w H ✓' V� D_ o N OZ�I, }w VI c°a O, [�] C IA") W A V F L� w - �.," C� WOW �o pZN� 3w3w O '=z^oLLN H W F F w cn�w � I--1 z 0 In w o W L Wo-Of LLJ z Z o_ r g g J w oaagr Iffi 11[if—� U o " ss� O �� AVF/pW`N�M F. xA �F�". F7Z� 0�WrC�x A0WW a A�W Z WZ�W O. � mo }o ci oz .gw o z z o b F oa �w v „ a CA o oQ�p�� Y:.°:'��'',",:.n .. _az l h+ L VL6 m ep 10 � _ = YS; $u°U ou owm �'�E �o Z. LLw Q-i w z_ _S00'33'QQ'E_913.eB' z N�5 zow �6�q' W5'�\ m �w�oo Tdm°uv v° "v mot, 3� W3�`` p New oza,n J�c`,gd onoae� mO au ��Y�i> Ww�a mLL " Nqaq�aonmoo . W °' J _ _ge°i o�' m .y m'tl n��mmm�n�rmn�mrr Ip za <w (l6 39 Vd '600-88£'3V070A M'0& OS V J �` w mom = z w GV bV377/lN Nl�I3� ��o e a U w _ "o zw JNOMal. 1 4.1 2_�° "mo< S. m u 3om U Un �M df �2° rOi - _�-6��a 'SIN I— Om0 6 U - 7?O=�p 2jc9'RwU jR •�" j • Ua ✓ ` „" z `_ w x�smu.a saO a `ma 'G' ow� `ai uvc°iuu ---- z _ o Iwo°--ws -s z�° a �----------�------------------------- S z z o — _-_ o= U - °s a _ arsnxm >°neame I of �, `� F aw ao Jawr u °zw c J r cj �n wws a _ ° x ° asawm a�wo�za oo � 1¢ Qa zm°c' z o`r° ¢ : xx�zm000= qqq - 6 z<N s a _ � r inzwmw`n< z .nu m rx «uc� m z Iw o o jo w U �oZ a0 o z°w Cz 7 Z U o'_ IN as ooO�' O Z r jo w zNI °z a o0l� o wzo �z Y w w°'a3 w 00 0 wozuwi o� ❑xJ ¢ -� F E E e �, - a xo w Z z in c�Q v u Jana wo o s .5E Y N O w 3 $ K ~� ¢ K z o rapa"a Neu U Q ¢ rc KENNEDALE You're Here,Your Home www.cityofkennedale.com Staff Report to the Honorable Mayor and City Council Date: April 18, 2016 Agenda Item No: DECISION ITEMS- C. I. Subject: Consider approval of Ordinance 594 to eliminate the required minimum spacing for outdoor storage from the public right-of-way II. Originated by: III. Summary: City code requires materials stored outside to be stored a minimum of twenty-five (25) feet from the public right-of-way. This requirement keeps businesses from having full use of their property for outside storage. Staff recommends eliminating this requirement. Please note that if the Council adopts the attached ordinance revising the outdoor storage requirements, it would not eliminate requirements that outdoor storage be screened and kept out of easements. IV. Fiscal Impact Summary: V. Legal Impact: VI. Recommendation: Approve VII.Alternative Actions: VIII.Attachments: 1. Ordinance 594 JOrdinance 594. df 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2100 1 Fax: 817-478-7169 ORDINANCE 594 AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS, AMENDING SECTION 4-226 "OUTDOOR/OUTSIDE STORAGE" ARTICLE VIII "FENCING AND SCREENING" OF CHAPTER 4 "BUILDINGS AND BUILDING REGULATIONS" OF THE KENNEDALE CITY CODE OF ORDINANCES (1991), AS AMENDED, BY REMOVING A MINIMUM REQUIRED DISTANCE FROM RIGHT-OF-WAY FOR OUTDOOR STORAGE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas (City) is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has previously adopted regulations governing fencing and screening in order to promote safety, protect the character and stability of residential, commercial, and industrial areas, to conserve the value of land, buildings, and neighborhoods, and to enhance the aesthetic and visual image of the City; and WHEREAS, in order to promote the public health, safety and general welfare the City Council desires to adopt the proposed amendments to its fencing and screening regulations NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS, THAT: SECTION 1. Section 4-226 of the Kennedale City Code, is hereby amended to read as follows. Sec. 4-226. Outside/outdoor storage regulations. (a) All outside/outdoor storage, when permitted, shall: (1) Be screened in accordance with Sec. 17-425 of this code (Screening requirements), except where regulated by overlay districts; and (2) Not be located within any required setbacks or within any required landscaped areas; and (3) Not blockorrestrictsidewalksorotherpedestrianorrequired handicapped- accessible paths and access ways for safety; and (4) Not block or restrict required parking spaces or vehicular flow within parking lots; and (5) Not block or restrict fire lanes or fire lane visibility; and (6) Not block or restrict access to building entrances and exits; and (7) Not impede vehicular traffic flow on adjacent streets or restrict or block the line of sight for incoming and outgoing vehicles; and (8) Not block or restrict required lighting. (b) Any building or use in existence before the effective date of this article shall be required to comply with the outside/outdoor storage regulations when the land use or ownership changes. (c) The director of development may allow exceptions to subsection (a)(3) of this section for small lots that otherwise meet the requirements of this section and when granting an exception will not negatively affect the city's ability to protect the health, safety, and welfare of the city. SECTION 2. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning and Five Hundred Dollars ($500.00) for all other offenses, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 3. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of all existing ordinances and of the Kennedale City Code (1991), as amended, including but not limited to all ordinances of the City of Kennedale affecting fencing and screening, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 4. SEVERABILITY CLAUSE 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 5. SAVINGS CLAUSE All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of the Kennedale City Code (1991), as amended, or any other ordinances regarding fencing and screening that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION CLAUSE The City Secretary of the City of Kennedale is hereby directed to publish the caption penalty clause publication clause and effective date clause of this Ordinance in every issue of the official newspaper of the City of Kennedale for two days or one issue of the newspaper if the official newspaper is a weekly newspaper as authorized by Section 3.10 of the City of Kennedale Charter. SECTION 7. EFFECTIVE DATE 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 THIS 18th DAY OF APRIL 2016. Brian Johnson, Mayor ATTEST: Leslie Galloway, City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney, Wayne Olson