Loading...
HomeMy WebLinkAboutCC 1994-09-26 Agendas ~ -. . CITY OF NORTHRICHLAND HILLS PRE-COUNCIL AGENDA SEPTEMBER 26,1994 - 6:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTIO~ TAKEN 1. I R 94-132 Recent Meeting with Property Owners of North ~-~. , Richland Industrial Park (10 Minutes) .. 2. GN 94-122 Setting Date for Canvass of Bond Election (Agenda Item No. 14) (5 Minutes) 3. GN 94-123 Family Aquatic Park Phase II Change Order No. 1 (Agenda Item No. 15) (5 Minutes) 4. GN 94-124 Approval of Arbitrage Rebate Services Contract (Agenda Item No. 16) (5 Minutes) ,,","> 5. GN 94-125 Approve Interlocal Agreement Concerning Water and Wastewater Service between the City of North Richland Hills and Haltom City - Resolution No. 94-49 (Agenda Item No. 17) (5 Minutes) 6. GN 94-126 Contract with KPMG Peat Marwick to Conduct Stngle Audit for Federal Grant Programs (Agenda Item No. 18) (5 Minutes) 7. Other Items . . e Page 2 NUMBER ITEM ACTION TAKEN 8. *Executive Session (15 Minutes) - The Council may enter into closed executive session to discuss the following: a. Potential Litigation under Gov. Code §551.071 Richland Centre 9. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. · e e CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA SEPTEMBER 26,1994 For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items marked with an * are on the consent agenda and will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Regular Meeting September 12, 1994 5. Presentations by Boards & Commissions a. Animal Shelter Advisory Board Minutes b. Library Board Minutes c. Parks and Recreation Baord Minutes e . e Page 2 NUMBER ITEM ACTION TAKEN 6. Presentation of ''Yard of the Month" Awards 7. Presentation of "Landscape of the Month" Award 8. Removal of Item(s) from the Consent Agenda 9. Consent Agenda Item(s) indicated by Asterisk (10,11,12,14,15,16,17, 18,19,20,21,22,23,24,25,26,27 &28) *10. PS 94-42 Request of Alan Riley for Replat of Lots 58 and 59, Block 1, Meadow Lakes Addition (Located at 6253 Meadow Lakes Drive) *11. GN 94-119 Appointment of Personnel - Resolution No. 94-48 *12. GN 94-120 Ratification of Letter - Resolution No. 94-47 13. GN 94-121 Appointment to Beautification Commission *14. GN 94-122 Setting Date for Canvass of Bond Election . . e Page 3 NUMBER ITEM ACTION TAKEN *15. GN 94-123 Family Aquatic Park Phase II Change Order No. 1 *16. GN 94-124 Approval of Arbitrage Rebate Services Contract *17. GN 94-125 Approve Interlocal Agreement Concerning Water and Wastewater Service between the City of North Richland Hills and Haltom City- Resolution No. 94-49 *18. GN 94-126 Contract with KPMG Peat Marwick to Conduct Single Audit for Federal Grant Programs *19. PU 94-72 Authorize Purchase of Mobile Data Terminal *20. PU 94-73 Award Bid for Painting of Miscellaneous City Facilities *21. PU 94-74 Ratify Purchase of Property for City Hall Expansion Project - Lot 7, Block 32, Richland Terrace Addition · e Page 4 e NUMBER ITEM ACTION TAKEN *22. PU 94-75 Award Contract for Uniform Cleaning Services *23. PU 94-76 Award Contract for City Hall Copy Machine *24. PW 94-32 Approve Consultant Contract for Traffic Light Synchronization III Project *25. PW 94-33 Award of Bid for Precinct Line Road Utility Adjustments, Phase I *26. PAY 94-23 Approve Final Pay Estimate NO.6 in the Amount of $15,146.70 to Larry H. Jackson Construction Company for North Forty and Greenwood Way Drainage Improvements *27. PAY 94-24 Approve Final Reimbursement Payment to ARCO Pipe Line Company for Adjustments on Strummer Drive *28. PAY 94-25 Final Payment to Clifford Fogus Company for Phase I Family Aquatic Park Construction e e e Page 5 NUMBER ITEM ACTION TAKEN 29. Citizens Presentation Mr. Fernando Ospina 7213 Coventry Court Re: Request for "Dead End" Closure of Coventry Court (IR 94-134) 30. Adjournment POSTED {1'd~' ¿ìt¡ DatI? q.pl á /J1 Time City Secretary By (.?~fJw~· INFORMAL REPORTTO MAYOR AND CITY COUNCIL No. IR 94-132 . -='=~~ Date: Subject: Tuesday, September 20, 1994 Recent Meeting with Property Owners of North Richland Industrial Park Economic Development staff convened a meeting of North Richland Industrial Park property owners in late August to brief them on the Browning Drive extension, proposed Bond Election projects which would benefit the area, our participation in the State of Texas' recent Trade Mission with Mexico City, and prospective Industrial Park real estate developments. Likewise, we spent some time brainstorming ideas to market the Park. In addition to agreeing with our plans to prepare a promotional flyer (featuring a recent aerial photo of Industrial Park sites), participants expressed interest in additional signage directing traffic to and through the Park. Moreover, property owners are especially interested in making and promoting a name change for the area. They agree it would be beneficial to take advantage of the Industrial Park's proximity to Iron Horse Golf Course--undoubtedly the City's best-known landmark. Nevertheless, it would take a signature from every property owner to formally change the incorporated name of the Industrial Park. . Thus, property representatives suggested the City consider designating the commercial areas in and around North Richland Industrial Park as Iron Horse Corporate District. Such action could be very simply accomplished through passage of an ordinance. Thirteen (13) of the Park's 28 property owners were represented at the August 25th meeting or have since called to express support for this recommendation. Unless you notify me otherwise, I will prepare an ordinance to designate the proposed District for your consideration next Monday night. Please call me (581-5534) if you have any questions or wish to discuss this recommendation in greater detail. ~J[l~ Marty Wieder Director of Economic Development . ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS e - e MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 12, 1994 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order September 12, 1994 at 7:30 p.m. ROLL CALL Present: Tommy Brown Lyle E. Welch Mack Garvin Mark Wood Jo Ann Johnson Ray Oujesky Byron Sibbet Mayor Councilman Councilman Mayor Pro T em Councilwoman Councilman Councilman Staff: Rodger N. Line C.A. Sanford Randy Shiflet Jeanette Rewis Rex McEntire Greg Dickens City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer Absent: Linda Spurlock Councilwoman 2. INVOCA TION Councilman Oujesky gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING AUGUST 22, 1994 APPROVED Councilwoman Johnson moved, seconded by Councilman Oujesky, to approve the minutes of the August 22, 1994 meeting. e e e September 12,1994 Page 2 Motion carried 6-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS BEAUTIFICATION COMMISSION MINUTES No action necessary. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Sibbet removed Item No. 22 and Councilman Garvin removed Item No. 30 from the Consent Agenda. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (12,13,14,15,16,17, 18, 19,20,21,24,2~26,27,28,29,&31) APPROVED Councilman Oujesky moved, seconded by Councilwoman Johnson, to approve the Consent Agenda. Motion carried 6-0. 8. PZ 94-15 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF GLEN GOOD TO REZONE TRACTS 2B1, 2B2, 2B3, AND 2B4, LYNCH SURVEY, ABSTRACT 953, FROM R-3 SINGLE FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT NUMBER 18- ORDINANCE NO. 2006 (LOCATED IN THE 6500 BLOCK OF GLENVIEW DRIVE) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak for the request to come forward. Mr. Glen Good, applicant, appeared before the Council and spoke in favor. Mr. Good asked for a maximum of 80 beds. Mayor Brown called for anyone wishing to speak in opposition to come forward. e e . September 12,1994 Page 3 There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilwoman Johnson moved, seconded by Mayor Pro Tem Wood, to approve Ordinance No. 2006 with the stipulation of 80 beds maximum. 9. PZ 94-16 REQUEST OF RUSSELL BROWN FOR AN APPEAL HEARING REGARDING THE REZONING OF LOTS 1 AND 2, AND A PORTION OF LOT 3, BLOCK 1, AUTREY ADDITION, FROM R-3 SINGLE FAMILY RESIDENTIAL TO C-1 COMMERCIAL (LOCATED AT THE SOUTHWEST CORNER OF GLENVIEW DRIVE AND JACKIE LEE STREET) DENIED Councilman Sibbet moved, seconded by Mayor Pro Tem Wood, to deny the request for the Appeal Hearing. Motion to deny carried 5-1; Mayor Pro Tern Wood, Councilwoman Johnson, Councilmen Garvin, Sibbet, and Welch voting for and Councilman Oujesky voting against. 10. PZ 94-17 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF TOMMY WRIGHT TO REZONE TRACT 2A3, RICHARDSON SURVEY, ABSTRACT 1266, FROM AG AGRICULTURE TO R-2 SINGLE FAMILY RESIDENTIAL _ ORDINANCE NO. 2007 (LOCATED IN THE 7900 BLOCK OF GREEN VALLEY DRIVE) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mr. Doug Long, Engineer representing the applicant, appeared before the Council and spoke in favor of the request. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. e e e September 12,1994 Page 4 Councilman Sibbet moved, seconded by Councilwoman Johnson, to approve Ordinance No. 2007. Motion carried 6-0. 11. PS 94-34 REQUEST OF G.C. METROPLEX FOR FINAL PLAT OF LOT 1, BLOCK H, CALLOWAY FARM ADDITION (LOCATED IN THE 7700 BLOCK OF GRAPEVINE HIGHWAY) APPROVED Mayor Pro Tern Wood moved, seconded by Councilman Garvin, to approve PS 94-34 with the following stipulations: dedication of the drainage easement, sidewalks on Mall Road and Grapevine Highway be required, plat not to be filed until dedication of right- of-way for Mall Road and 7 feet dedicated on west property line for sewer on Grapevine Highway. Motion carried 6-0. *12. GN 94-106 APPROVAL OF 1994 CERTIFIED TAX ROLL- RESOLUTION NO. 94-42 APPROVED *13. GN 94-107 AUTHORIZING HOMESTEAD, OVER 65, AND DISABILITY EXEMPTIONS FROM AD VALOREM TAXES- ORDINANCE NO. 2009 APPROVED *14. GN 94-108 ADOPTING THE TAX RATE FOR 1994- ORDINANCE NO. 2008 APPROVED *15. GN 94-109 ADOPTING 1994/95 BUDGET- ORDINANCE NO. 2010 APPROVED · September 12,1994 Page 5 *16. GN 94-11 0 AUTHORIZATION TO SOLICIT BIDS FOR PHASE I OF THE TENNIS COURT AND PRACTICE FIELDS PROJECT APPROVED *17. GN 94-111 APPROVING THE ISTEA ENHANCEMENT GRANT AGREEMENT WITH TXDOT FOR THE NORTH ELECTRIC TRAIL PROJECT- RESOLUTION NO. 94-43 APPROVED e *18. GN 94-112 CONSIDERATION OF AN AMENDMENT TO THE BUILDING CODE REGARDING FOUNDATION ELEVATIONS- ORDINANCE NO. 2013 APPROVED *19. GN 94-113 CONSIDERATION OF AN AMENDMENT TO THE BUILDING CODE REGARDING GRADING AND EXCAVATION PERMITS- ORDINANCE NO. 2011 APPROVED *20. GN 94-114 CONSIDERATION OF AN AMENDMENT TO THE BUILDING CODE REGARDING CODE REQUIREMENTS FOR RELOCATED BUILDINGS- ORDINANCE NO. 2012 APPROVED e *21. GN 94-115 RESOLUTION TO EXTEND REVIEW OF CABLE SERVICE RATES - RESOLUTION NO. 94-44 APPROVED e September 12,1994 Page 6 22. GN 94-116 COMPLIANCE OF HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT _ RESOLUTION NO. 94-46 APPROVED Councilman Sibbet moved, seconded by Councilman Welch, to deny Resolution No. 94-46. There was considerable discussion concerning the levying of a tax. The Attorney for the City explained the City was not actually levying a tax, the appropriation was being made now. Some Council members felt the City had no option but to approve it now so the cost would be shared with the other cities. e Councilman Welch withdrew his second. Motion died for lack of a second. Councilman Sibbet moved to approve Resolution No. 94-46 with the stipulation that the language be changed to common language and how the tax would be collected. Motion died for lack of a second. Attorney McEntire advised this contract was drawn where the City had a defense. The Contract could not be changed. Councilman Sibbet withdrew all his motions. Councilman Oujesky moved, seconded by Mayor Pro Tern Wood, to approve Resolution No. 94-46. Motion carried 5-1; Mayor Pro Tern Wood, Councilwoman Johnson, Councilmen Oujesky, Garvin and Welch voting for and Councilman Sibbet voting against. . 23. GN 94-117 AWARD OF BID FOR FAMILY AQUATIC PARK PHASE II APPROVED e e e September 12,1994 Page 7 Mayor Pro Tern Wood moved, seconded by Councilwoman Johnson, to approve GN 94-117 as recommended by Staff which includes the reduction of $300,000 in construction costs which will be followed up with a change order, and in accordance with the financing plan as presented by the Staff, and Exhibit 3 which also includes the revised budget. Motion carried 6-0. "'24. GN 94-118 APPROVE REVISION OF ASPHALT STREET DESIGN REQUIREMENTS- RESOLUTION NO. 94-45 APPROVED "'25. PU94~9AUTHO~ZEPURCHASEOF DICTAPHONE COMMUNICATIONS MASTER RECORDER APPROVED "'26. PU 94-70 SALE OF POLICE SYSTEM 36 APPROVED "'27. PU 94-71 APPROVAL OF SANITARY SEWER EASEMENT ACROSS IRON HORSE GOLF COURSE TO SERVE IRON HORSE WEST ADDITION APPROVED "'28. PW 94-30 RATIFY CONTRACT WITH DUSTROL, INC. FOR HOT MIX ASPHALTIC CONCRETE REJUVENATION ON STARNES ROAD FROM RUFE SNOW TO CROSSTIMBERS APPROVED "'29. PW 94-31 AWARD BID ON WALKERS BRANCH CHANNEL AND PAVING IMPROVEMENTS, PHASE I APPROVED e September 12,1994 Page 8 30. PAY 94-21 APPROVE FINAL PAY ESTIMATE NO.2 IN THE AMOUNT OF $22,927.81 TO JRJ PAVING, INC. FOR 1994 MISCELLANEOUS STREET SUBGRADE AND SURFACE RECONSTRUCTION APPROVED Mayor Pro Tern Wood moved, seconded by Councilman Garvin, to approve the payment to JRJ Paving in the amount of $26,760.36 (difference because of an error in calculating final payment). Motion carried 6-0. e *31. PAY 94-22 APPROVE FINAL PAY ESTIMATE NO.2 IN THE AMOUNT OF $3,837.22 TO SHAWN MACKEY CONSTRUCTION COMPANY FOR HOLIDAY HEIGHTS ELEMENTARY SCHOOL NORTHWEST PARKING LOT APPROVED 32. CITIZENS PRESENTATION MS. MICKEY MARGETIS RE: RENOVATION OF HOUSE AT 8133 PRECINCT LINE ROAD (IR 94-129) Ms. Mickey Margetis appeared before the Council and stated she would like permission to remodel the house at 8133 Precinct Line Road. Attorney McEntire explained the situation to the Council. Mr. Line explained the City had no problem with issuing the bUilding permit as long as a thirty foot right-of-way for widening of Precinct Line Road was signed. The City would not require Ms. Margetis to replat. Ms. Margetis stated the offer was agreeable. e Mayor Brown advised Ms. Margetis to meet with Mr LeBaron to work out the details. ~ e - e September 12,1994 Page 9 Ms. Kim Underwood, 3713 Holland, appeared before the Council. Ms. Underwood asked the Council to waive the requirement that a six foot fence had to be built around a yard with a pool. Ms. Underwood advised they could not afford to build a fence right now. After discussion, Mayor Brown advised Ms. Underwood the City would extend the time to two weeks for her to get the fence installed. 33. ADJOURNMENT Mayor Brown adjourned the meeting. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary '. . . NORTH RICIß..AND HILLS ANIMAL SHELTER ADVISORY BOARD MEETING AUGUST 12, 1994 - 6:45 P.M. Present: Pam Burney Sandy Carter Warren Cox Lyle Welch Debbie York Director, Environmental Services Supervisor, Animal Services Executive Director, SPCA of Texas City Councilman Secretary, Environmental Services ITEM DISCUSSION ACTION TAKEN CALL TO ORDER The meeting was called to order by Lyle Welch in the absence of Dr. Joe Metcalf. APPOINT NEW SECRETARY Motion to appoint Debbie York to the Passed position of Secretary of the Animal Shelter Advisory Board to fill the position vacated by Pat Donaldson upon her termination of employment APPROVAL OF MINUTES: Motion to approve the minutes Passed 02/23/94 MEETING PRIVACY ISSUES RELATED Ms. Burney explained the problem Vote to support resolution TO ANIMAL LICENSING presented to Animal Services by the approved. PROGRAM new rule change in Veterinary Practice Ms. Burney: Draft the Act is that in trying to keep cities from resolution for approval of demanding infonnation from vets and the City Council and then being forced to give out this forward it along with the information under the open records act, minutes of this meeting as the rule change will prevent vets from soon as possible to giving out any infonnation on animals, support wording to allow including owners name, vaccination veterinarians to release status, etc. (without the owners written vaccination information to permission). This will make Animal local health authority. Services' job very difficult in locating owners and working animal bites. Ft. Worth Animal Control has requested that we adopt a resolution in support of changing the rule and forward it to Texas Municipal League, Texas Veterinary Medical Association, Board of Veterinary Medical Examiners . I ITEM I DISCUSSION I ACTION TAKEN I COMPUTER PROGRAM Ms. Burney advised that work is being Ms. Burney: Follow up. UPDATE completed on the computers in the shelter and that they have received notice that company representing the Trakers program has filed for bankruptcy. There was also discussion of a free program being used in the Bay area. W. Cox advised that Ms. Burney could check with Mary Stewart regarding that program. Ms. Burney stated that Brady LeBlanc had recommended a Windows program and that they will stick with Trackers until they can fmd and test a new program. UPDATES TO ORDINANCE Prohibiting chaining of dogs in the Ms. Carter: Follow up. 1848 front yard. S. Carter advised that they gathering statistics have received complaints from postal workers as well as postal customers regarding bites received from dogs chained in the front yard. Ms. Carter also advised that children have been mauled by dogs chained in a yard because the child can become tangled and trapped by the chain. Ms. Burney stated there is a direct relation between chained dogs and severe dog bites due to barrier frustration. L. Welch suggested that Ms. Burney gather documentation on this matter, seek legal advice from the City attorney and then present the matter to the City Council. PUBLIC AWARENESS Ms. Burney informed the board that a Ms. Burney: Follow up. OFFICER position for public awareness officer has been budgeted. This will allow for a third shift and should help to reduce the over time and the frequency of employees being on call. Ms. Carter advised that she already has three people interested in the position. L. Welch suggested the new position be filled from within and that the person be a resident of the city if possible. '. . . I ITEM I DISCUSSION ACTION TAKEN PUBLIC AWARENESS Ms. Burney advised that the new OFFICER (CONTINUED) position will allow someone from the 7:00 - 3:00 shift to go to schools for presentations. She also advised that training will be provided for this officer and she asked W. Cox for his assistance in developing a program description. A board will be appointed to review the applications with the fInal hiring decision to be made by Ms. Burney. Recommended for the assessment board were James Agyemans, Sandy Carter and Ann Ransbottom. OTHER ITEMS Annual Pet Show: S. Carterllûonned Ms. Carter: Follow up. the board that the annual pet show is scheduled for December and will include shelters in surrounding cities. Activities will include pictures with Santa and a scavenger hunt to different shelters. New Signage Ordinance: Animal Services OffIcers will help to enforce the new ordinance by removing any posted signs regarding animals for sale or give away. Decided not to Misspet: Ms. Carter showed the Board recommend due to cost. advertising from Misspet, a company offering a lost pet hot line to the public for a fee of $17.00. It was noted that this is one of many such programs. Ms. Carter: Follow up. Colleyville Interlocal Agreement: It was pointed out that the past two months numbers are above estimates, but that we should keep in mind that June and July are months when incoming numbers are up in most shelters. Sandy also stated numbers are up because we are quarantining for them. Warren Cox requested that we track the disposition of animals brought in by Colleyville. '. . .. . . ITEM DISCUSSION I ACTION TAKEN OTHER ITEMS Licensing Update: Ms. Burney advised It was decided not to (CONTINUED) that we are above 94-95 projections in begin canvassing until fall licensing sales. She advised that or winter. expired licenses are being followed up on. W. Cox asked if Animal Services was spot checking for compliance. Sandy told him that they are checking when doing calls for service. ADJOURNMENT I Meeting adjourned at 8:05 p.m. I I L:\SHAREDlASAB.812 . CITY OF NORTH RICHLAND HILLS LmRARY BOARD MINUTES September 15, 1994 BOARD PRESENT: Polly Brinkley, Jan Daniels, Jay Bradshaw, Mary Shilcutt, Kay Schmidt and A vis Crisp (Absent: Shirley Goolsby and Lynn Waller) STAFF PRESENT: Mark Gretchen, Library Director; Betty Russell, Library Assistant Director; and Brenda Lewis, Secretary CALLED TO ORDER: Chairman Jay Bradshaw at 7:15 p.m. APPROVAL OF MINUTES: Motion carried to approve the minutes of May 19,1994. Chairman Jay Bradshaw welcomed Library Director Mark Gretchen. Mark arrived on September 12 from Corpus Christi Public Library, where he directed the Reference Department for the last 4 years. He said that he was very glad to be here and was looking forward to working with both the library staff and the board. Jay also introduced new board member Avis Crisp. Ms. Crisp is a retired teacher from Bell High School. Jan Daniels provided the following update on activities of the Friends of the Library: Library logo T-shirts are available for sale at the circulation desk. Prices and sizes are posted with a sample of the shirts. The DFW Writers' Guild is cooperating on the local author book project. Jan projects two years of interviews and research for the project's completion. A quarterly newsletter of Friends' activities and information is in the planning stage. . Chairman Bradshaw read a note from former Library Manager Wynette Schwalm. Ms. Schwalm returned to the Fort Worth Public Library System as a Branch Manager last June. She extended her best wishes on the continued success of NRHPL and expressed her appreciation for her close and enjoyable association with board members and staff. REPORT OF LmRARY DIRECTOR: Mark Gretchen The Director distributed the most recent library organization chart, August statistics, and a comparative circulation graph. Summer Reading Club ended in July with 937 participants, 385 certificates earned, and 15,990 hours read. The statistics compare with the previous summer of 962, 301, and 11,000 respectively. The 1994/95 city budget was approved by city council recently. Mr. Gretchen discussed the status of the library requests included in this budget. REPORT OF ASSISTANT LmRARY DIRECTOR: Betty Russell The public lockers in the library foyer have been removed. Vending machines will be placed in this area for patron use. A public sending and receiving fax machine will be installed in the area of the display cases soon. The machine will be operated by credit card only. Jan Daniels suggested that the water bill might be a good way to let citizens know of this new service. . Election of Library Board officers will be held at the October meeting. The next meeting was scheduled for . October 20 at 7 p.m. Meeting adjourned at 7:35 p.m. Brenda Lewis Approved: Date: Board Chair: e MINUTES OF THE PARKS AND RECREATION BOARD OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL CHAMBER OF CITY HALL AT 7301 NORTHEAST LOOP 820 AUGUST 1,1994 - 6:30P.M. ATTENDANCE Present: Don Tipps Sharon Battles Rick Work Ann Perchard Bobbie Lambert Pam Jackson Chairman Vice Chairwoman Board Member Board Member Board Member Board Member STAFF: Jim Browne Bill Thornton Monica Sue Walsh Gina Gonzalez Director of Community Services Parks and Public Grounds Manager Recreation Manager Administrative Secretary Absent : e J. Douglass Davis Denny Stout Board Member Board Member 1. CALL TO ORDER Mr. Tipps called the meeting to order August 1,1994 at 6:30 P.M. 2. - APPROVAL OF THE MINUTES (Passed 4-0) Ms. Battles made a motion, seconded by Ms. Perchard, to approve the minutes of the June 20 1994 meeting. Motion carried 4-0. 3. PARKS, PUBLIC GROUNDS, AND CIP REPORTS Mr. Thornton provided a report of continued maintenance to all parks, public grounds, and special projects covered by both divisions. Mr. Thornton announced that the TP&WD Commission is meeting on August 25,1994 in Austin and extended an invitation to Board members to go with Staff. e e 7. ADJOURNMENT (Passed 4-0) Ms. Battles made a motion, seconded by Mr. Lambert, to adjourn the meeting at 7:50 P.M. Motion carried 4-0. JÝÞ~ (j) Don Tipps, Chai an e - Parks and Recreation Board Minutes - August 1, 1994 3 CITY OF NORTH RICHLAND HILLS Department: Plannine and Inspections - Council Meeting Date: 9/26/94 SUbject: Request of Alan Riley for Replat of Lots 58 and 59. Block 1. Meadow Lakes Addition. (Located at 6253 Meadow Lakes Drive) Agenda Number: PS 94-42 Mr. Alan Riley is the owner of two lots located on Meadow Lakes Drive, north of the Iron Horse Golf Course clubhouse. Mr. Riley wishes to combine the lots into a single lot. He has submitted a Replat of the property for review by the City Council. The following are the issues regarding this Replat: I. The property is currently zoned R-I Single Family Residential. There is a house located on Lot 58. Lot 59 is currently vacant. Replatting the lots into a single lot will allow the owner to use the area for a swimming pool or other accessory structures allowed in the R-I zoning district. Such uses are only allowed in conjunction with a main structure on the lot. 2. A 7.5-foot utility easement is located along the current lot line between Lots 58 and 59. This easement was adopted by the previous plat. This easement will be vacated by this replat to allow the owner to place any accessory structures or swimming pool in that location. The Planning and Zoning Commission conducted a Public Hearing and considered this request at their September 8, 1994 meeting and recommended approval subject to engineering comments. No additional Public Hearing is required. RECOMMENDATION: It is recommended that the City Council approve the recommendation of the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ¿ '1~ .-s-_ ~~~ Depa nt Head Signature City ager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available . Finance Director Page 1 of . General Information A. Owner 8. Developer C. Engineer D. Surveyor E. Acreage F. No. of Lots G. Density H. Zoning I. Prop. Use Water and Sewer . A. Lines 8. Fire Coverage C. Easements Streets and Thoroughfares A. Thor. Plan 8. Improvements C. Extensions D. New Streets E. Street Lights F. Access G. Sidewalks H. Screening Walls . I. New Street Names Subdivision Plat Review Fact Sheet Case Number PS 94-42 Alan Riley, NRH TX Same None Steve Miller Land Surveying, Hurst TX 0.991 acres (43,168 square feet) 1.01 units/acre R-I Single Family Residential Existing singe family dwelling This property is served by an 8-inch water line and 8-inch sanitary sewer line located in the Meadow Lakes Drive right-of-way. Adequate. A 7.5-foot utility easement is located in the center of the property. Ifany structure is planned for this location, this easement must be abandoned by this replat. This property fronts Meadow Lakes Drive, classified as a C2U Minor Collector. None required. None required or proposed. None. Any required street lights will be installed in accordance with Public Works criteria. Access to this property is from Meadow Lakes Drive. Sidewalks are required on all lots as the individual lot develops. None required. None. PZ Minutes - Page 2 September 8, 1994 . 4. PS 94-37 Public Hearing to consider the request of Da . luda for Replat of Lots 23 and 24, Block 10, Meadow Lakes Addition. This ProR s located at 6341 Skylark Circle. Chairman Brock opened the P forward at this time. Hearing and called for those wishing to speak to come ishing to speak, Chairman Brock closed the Public Hearing. Mr. B made the motion to approve PS 94-37 subject to engineering comments. The n was seconded by Ms. Spicer. The motion carried 4-0. 5. PS 94-42 Public Hearing to consider the request of Alan Riley for Replat of Lots 58 and 59, Block 1, Meadow Lakes Addition. This property is located at 6253 Meadow Lakes Drive. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one wishing to speak, Chairman Brock closed the Public Hearing. Mr. Baxter made the motion to approve PS 94-42 subject to engineering comments. The motion was seconded by Mr. Bowen. The motion carried 4-0. ZONING CASES None. . STAFF REPORT CITIZEN COMMENTS None. None. ADJOURNMENT There being no further business, the meeting was adjourned. James Brock, Chairman Planning and Zoning Commission Victor Baxter, Secretary Planning and Zoning Commission . . . . NRH City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX . 581 . 5515 APPLICATION FOR A REPLAT (PI.... JI',nt ycu ,_) Proposed Subdivision Name: Lot 58R, Block 1, Meadow Lakes Current Legal Description: Lots 58 & 59, Block 1, Meadow Lakes (Cabinet B, Slide 5 Name and Address of Current Property Owner: Alan Riley 6253 Meadow Lakes Drive North Richland Hills, Texas 76180 Phone No. (817) 498-8161 Name and Address of Previous Owner: (If purchased during past twelve months) N/A Name and Address of Developer: Same as owner Phone No. Name and Address of~: Surveyor Steve Miller 1240 Southridge Court, Suite 102, Hurst, Texas 76053 Type of Development Being Proposed: IðJ SF Residential Phone No. (817) 282-7860 o MF Residential o Other o Duplex Residential Replat Application Fee Calculation: o Commercial/Industrial 1. Application fee: 2. Number of residential lots @ $1.50 per lot: $120.00 152. 3. Number of non·residential acres @ $5.00 per acre: 4. Number of slreet inlersection signs @ $65.00 each: 5. County plat recording fee: 5~"= t l1~ Totalfee: Date: I hereby certify that I am, or represent, the legal owner of the property descflbed above and do hereby submit this Replat to the Planning and Zoning Commission for consideration. (Attach affidavit with all property owner's names when more than one owner involved.) ~t Applicant's Phone No.: 44B - ~\ú>l Your name (Printed Name): ~NRI Signature: Note: Please complete and submit the 'Replat Document Submittal Checklist" on the reverse side of this form. ß c:14 ~ REPLAT CD - 403 (5 - 94) .... ~... . . . ~i "'Zz O. . .i~ ~~!-~:ï!e !.~:nn "i;;~~i ,If;:¡i~~ ;:i~ "'.. -< ~~ ~.. .. ... "Ò~ ,\ . .0,,)(1\ "~¿ ,,/ /G-;c./ ;' , /$!~ " ... ' ,\....+ / /\ 9-( , f-1. : \ \ r' 0' -i ' \ '" (") (f) \ 'JI" Þ UI \ ~ ?,;::..,¡' ~ (") m::c \ ~ · tJJI»'" (')\... -'" ;0... 0 ",-- ""'" · OUl ""'';~ ;-iC/):E~ ~\. ...~ ("") ,- r- --\~ %. <:J · _þQO '-,r- a -i 0 ;0; ~\- '" ~ · ,11'111'1U1 ;1 .. c . (JI C/)!f> \'''' \~ .... 0') .\t., ..... '" en a¡ ,,':¡' Q. ." g @'~~\ 1 $ .~. '!:¡ ;0; ..' W·· .$~l}. ~ ' 3..>~~.t~ " ":,¡ p A' .:.:r,,"t .."" 1 <0: & / .,.', \ =. 6. . , , ..-. ~~ ~ ~.', " I; . 9~.'" ....... " 1'; nil ~~ " '\ . ~ =~ 4.~~~ ~ r; ¡~ .~ u:u II ~ S ~ ~i 2 III.... ~ ,..:ID . ~Q"" OQÞ (Ûì\ :z:"'~ ~ ¡:: ::;¡ .-'" !fJ .~ nC ....gX X:ID>O: ... ....~ C ) '" .... :~.8~;: '. I c.../~.j ~4D '~.; þ~ ~ ¿ . c' 4.t, ..,. <?;> ~8 . d ~8 c.. ....uo- :t!1 ~~p ~¡~ -4 -1.< - x--4 . ;i "'n'" !gë! -::aX 0-41* c:: '" ~ (Ûì\~ \'V (,I ~ ...., o I I . ~z .. ¡~~ ~~::~ ... :ID~::a :ñt~g J.i'i~~ ;:;; ~.- :u _ OÞ :z:¡;'¡ ¡::to .-0 !,,:ID ~~ X Þ '" ~2 ~ ~ ~ . . (i) ... .-i....1! . ~ - þ ~ ,.... . :::a -I...... ", =IE ,.",.., ITI C) =1~ :E: ::0» ~ :z:~ ~ ~ ~ 0 C-I ~ ;Tt ï ~~ ....z 2:J rii <TIn ::0 "'<II ::00 gx Z Q ... '" .. o --' '" 'i~ _G LØ-:- ~~':. . ~""" ('> "Z-- ''''~"''''~ .",9. ¿~ 1'iI~ ~....~ ~ ¿~ \SI~ G- .-("1 .""" <Þ"''' ';~ ~~ ..(. @ CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: Subject: Appointment of Personnel - Resolution No. 94-48 Agenda Number: 9/26/94 GN 94-119 This is a housekeeping item. It is believed that the two persons appointed in this resolution were properly appointed before but we have no record of the oath. Recommendation: It is recommended that City Council approve Resolution No. 94-48 Finance Review Source of Funds: Bonds (GO/Rev.) Operating Bu Other cct. Number Sufficient Funds Available ~c~~ e .. ~r- éit~nager CITY COUNCIL ACTION ITEM Fin...... Director Page 1 of e RESOLUTION NO. 94-48 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HILLS, TEXAS, that: 1. The following persons are appointed to the offices shown: Fire Chief Assistant City Secretary Stan Gertz Patricia Hutson Passed and approved this 26th day of September, 1994. APPROVED: Tommy Brown - Mayor e ATTEST: Jeanette Rewis - City Secretary - e e CITY OF NORTH RICHLAND HILLS I e Legal Department: 9/26/94 Council Meeting Date: . GN,.94-12í Agenda Numbet:' Subject Ratification of Letter, Resolution No. 94-47 This resolution ratifies the terms of the letter from our attorney to the attorney for Watauga, dated September 2, 1994. Recommendation: It is recommended that the City Council pass Resolution No. 94-47 Finance Review ·Source of Funds: Banas (GO/Rev.) operatlngB~. Other ______ - ~C~ Department Head Signature City Mager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available _~.4-·'- . Finance Due Pa e 1 of , . - - RESOLUTION NO. 94-47 WHEREAS, during the weeks of August 15, 1994, August 22, 1994, and August 29, 1994, the Engineer and Attorney for this City made frequent verbal reports to the individual members of the City Council to keep them advised with respect to the offer from the City of Watauga to purchase a portion of this City's Water and Sewer System; and WHEREAS, during said period the individual council members received verbal reports regarding the necessity to keep certain portions of the system and reports concerning the projected value of the portion of the system which this City could sell; and WHEREAS, at a work session on September 1, 1994, the City Council discussed thoroughly the previous decision made in Resolution 94-41 and the values established by the engineering study of Richard Albin during the last week of August, 1994; and WHEREAS, the City Council could take no official action at a work session on September 1, 1994, where it reviewed the letter to be dated September 2, 1994, to the attorney for Watauga. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The terms of the letter of September 2, 1994, from Rex MCEntire, Attorney for the City to Mark Daniel, Attorney for Watauga, dealing with the sale of a portion of this City's Water & Sewer Utility System, are hereby ratified and approved. PASSED AND APPROVED this 26th day of September, 1994. APPROVED: ATTEST: Tommy Brown, Mayor Jeanette Rewis, City Secretary AP~S TO ~GALITY: ~ I Re McEnt1re, Attorney for the C1ty -/ CITY OF NORTH RICHLAND HILLS Department: City Secretary Subject: Appointment to Beautification Commission Council Meeting Date: Agenda Number: 9/26/94 GN 94-121 The Alternate position on the Beautification Commission is vacant (Mayor's appointment). Mr. Glenn I Nerwin has been recommended to fill the vacancy. i I i Recommendation: It is recommended that Council take action on the proposed appointment. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other OJ?~~ ~ c A/~Ø ~ Department Head Signature ---<1(;~~ CnYCOUNC~ACnON"EM Fin...... Dlr8<:lor ' Page 1 of CITY OF NORTH RICHLAND HILLS Department: City Secretary Subject: Setting Date for Canvass of Bond Election Council Meeting Date: Agenda Number: 9/26/94 GN 94-122 According to the Election Law, the results of the election must be canvassed not less than three days or more than seven days after the election. Therefore Council needs to call a special Council meeting to canvass the results of the Bond Election held September 27, 1994. The last day to canvass is October 3rd. Recommendation: It is recommended that City Council call a Special Council Meeting for October 3, 1994. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ Other Cþ"'j$./D~f:.~ Head S;gnatu,e /é! C ~ CITY COUNCIL ACTION ITEM Page 1 of Finance Director I CITY OF NORTH RICHLAND HILLS Department: P::Irh ::Inri Rec.re::!tion Department Council Meeting Date: 09-24-94 Agenda Number: GN 94-123 Subject: Family Aqll::ltir. P::Irk Ph::lc;:e TT C'h::lne;e Orrler No Attached is a copy of Change Order No.1 to the Family Aquatic Park Phase II construction contract with Craig, Sheffield, and Austin, Inc., deducting amount of $304,520 for minor reductions and cost savings elements. The City Council awarded the construction contract to Craig, Sheffield, and Austin, Inc., at the September 12, 1994 meeting, and directed staff to proceed with negotiating this change order with the contractor. This change order includes minor reductions and cost savings elements accomplished through value engineering which will not compromise the integrity of the facility. The original contract amount is $6,903,000. Upon approval of this deduct change order in the amount of $304,520, the revised contract amount will be $6,598,480. FUNDING SOURCE: Account 09-92-14-6000 RECOMMENDATION: It is recommended that City Council approve Change Order No.1, in the deduct amount of $304,520, to the construction contract with Craig, Sheffield, and Austin, Inc., for Phase II construction of the Family Aquatic Park. Finance Review Source of Funds: Acct. Number gf:!itl~g~~~~~~t _ _ ~~~~""..,O< ---..\ -- ~Eõr --:--- ~ <---_ Department Head Signature City Manage CITY COUNCIL ACTION ITEM Page 1 of e e e 09-21-1994 07:57RM FROM TO 18175815722 P.02 CHANGE ORDER BRINKLEY SARGENT ARCHITECTS ARCHITECT m CONTRACTOR Œ:J FJELD c:J OTHER c::J Clstrlbutien: OWNER ŒJ PROJECT: City of North Rlcltland Hills Family Aquatic Park . CHANGE ORDER NUMBER: TO: INITIATION DATE: PROJECT NO: CONTRACT DATE; Craig, Sl\Qffi&ld c\ Austin. Inc. 2650 Sams School Roa.d Roanoke. Texas7e2S2 9-20-94 00005 CONTRACT FOR: Building Construction 9~19-94 You are directed to make the following changes in this Contract: Make changes as per Fost Bid Addendum Number 1. attached. NDt't'lllld lint! $lgtItd by bclh ... 0Wnar ana ArcnIIAa. SgrIIIIUr9 Qf m. COn1l'aCØ irIdIc8M8 nil agreement IIImI1III.lrlC:ludrQ ;ny ~I In 11'1. COnner a.n Cf Corov8C! TIme. The Original Contract Sum) was........ ........................ .................... ........ .................... ........ ............ ..............$ 6,903,000.00 Net change Þy previously authorized ChangG Orders..................................................................................$ -0- The Contract Sum prior to this Change Order WölS......................................................................................$ 6.903.000.00 The Contra.ct Sum will be decreased by this co .........................................................................................$ 304.520.00 The new Contraçt Sum induding this Change Order will be...................."..............,....... .............................$ 6,598,480.00 The Contract Time witl be unchangecl)by ( 0 ) Days. The Date of Substantial Completion as of the date of this Chang9 OrdIH is therefore May 17. H~95 Brinkley Sargent Architects, Inc. ARCHlTlCT Craig, Sheffield & Austin, Inc. CONTFlACTOR City of North Richland Hills OWlllf;A 7301 NE Loop 820 North Richland Hills. TX 76'80 By: 5000 QuoltJm Drive, Suite 123 Dallas, TX 75240 sy: 2650 Sams School Road Roanoke, TX 76262 By: GaryO. Beeman, AlA Date: Cate: Date: e e e 09-21-1994 07: 58RM FR0I'1 TO 18175815722 P.04 City of North Richland Hills Family Aquatic Park POST BID ADDENDUM NO.1 DRAWING MODIFICATIONS Item No.: 4., Sheet A2.2 A. Refer to Details 03, 04 and OS~ delete Toilct Accessory TA-14 and replace with the same as TA-l. Item No.: 5., Sheet Cl.l- Horizontal Controls A. Addendum #2, item 12: Jogging Trail to be 4ft concrete reÎnforced with 1#3 at 18" o.c.e.w. surface to he sloped 1/8" per foot across width of trail. A. Item No.: 6., Sheet Ct.7 - Storm Sewer Plan Item No.: 7., A. B. C. D. E. Item No.: 8., A. Reduce amount of 24" stonn sewer line by extending the sewer line to the: west of the eastern section of jogging trail by 10'. Terminate with headwall and drain area as incticated. SheetM2.1- Floor Plan-HVAC At Room 119 delete exhaust fans VF-9 and VF-IO and related electrical service. At Room 120 delete exhaust fan VF-3 and related electrical service. At Room 118 delete exhaust grilles in north wall. All compressors except HPOU-5 and HPOU-4 shall not be heat pump compressor ~ but cooling compressors. Deletc all heating coils and related clectrical service from all fan coil units except AC#4 and ACN5. Sbeet M.4 On special paving drawing delete special stain and circle treatment of pavement. Page 2 of 3 CITY OF I NORTH RICHLAND HILLS . Department: Finance Approval of Arbitrage Rebate Services Contract Subject: Council Meeting Date:9/26/94 Agenda Number: GN 94-124 All public entities that issue bonds, notes, certificates, or other tax exempt obligations are required to determine to what extent, if any, they will be required to rebate investment earnings from the proceeds of such bonds pursuant to provisions of the 1986 Internal Revenue Code. If there are any excesses of investment earnings from rebate calculations, they have to be paid back to the U.S. Treasury. Since this is a very involved calculation process, for several years the City of North Richland Hills has contracted with First Southwest Company to perform the calculations regarding arbitrage rebate services. We are proposing to contract again with First Southwest Company for arbitrage rebate services. The new contract is virtually the same as the one that the City has been operating under. Highlights of the contract are as follows: 1. The contract relates to all issues of tax exempt bonds or other long term financing delivered subsequent to the effect date of the rebate requirements. All future issues that fall under the rebate requirements will be included, unless specified by the City in writing that the bonds should be excluded. The City will notify First Southwest of any new issues which may be subject to provisions of rebateable arbitrage. 2. First Southwest Company will provide services and maintain records pertaining to arbitrage rebate calculations. The fees for such services are not changed from the old contract to the new. This cost has been between $7,000 and $8,000 per year, and we anticipate the cost being approximately the same in future years. 3. Reliable information regarding bond issues and investments of bond proceeds will be provided to First Southwest by City staff, and First Southwest will use this information to calculate rebateable arbitrage. Calculations will be performed at a minimum of once a year and a report will be issued annually and provided to the City. 4. The City will inform First Southwest of the retirement, prior to the scheduled maturity, of any bonds included in the scope of the agreement. 5. The term of the contract is for five years from the date of acceptance of the agreement. The contract can be however terminated with or without cause by either party upon 30 days written notice. Payment for services rendered prior to termination will be due and payable. No penalty will be accessed for termination of this agreement All records provided to First Southwest by the City will be returned upon termination of the contract. First Southwest Company has done an excellent job in providing the arbitrage rebate services in the past, and we believe that they can do this in the future. Again, the fee schedule is the same. RECOMMENDATION: It is recommended that Council approve the Arbitrage Rebate Services Contract between the City and First Southwest Company. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Suffi ¡ent Funds Available Operating Budget ~Other. _ ç~~ rtment Head~nature CITY COUNCIL ACTION ITEM . Finance Director Page 1 of e PROPOSAL AND AGREEMENT FOR ARBITRAGE REBATE COMPLIANCE SERVICES BY AND BETWEEN CITY OF NORTH RICHLAND HILLS, TEXAS ----------(ÏÏëreìñ~fië-rllëëërrE!d-fõ-ãst-he-"Ïššuë-r")---------- AND mRSTSOUTIæWESTCOMPANY . It is understood and agreed that the Issuer, in connection with the sale and delivery of certain bonds, notes. certificates, or other tax-exempt obligations (the "Bonds"), will have the need to determine to what extent. if any, it will be required to rebate investment earnings of the proceeds of the Bonds to the United States of America (hereinafter referred to as "Rebatable Arbitrage") pursuant to the provisions of Section 148(f)(2) of the Internal Revenue Code of 1986 (the "Code"). We have been requested to provide professional services to the Issuer as such services may be necessary to effect this determination and we are pleased to submit the following proposal for consideration. This proposal, if accepted by the Issuer, shall become the agreement (the "Agreement") between the Issuer and First Southwest Company effective at the date of its acceptance as provided for herein below. 1. This Agreement shall apply to all issues of tax-exempt bonds delivered subsequent to the effective date of the rebate requirements, to the extent that any particular issue does not qualify for exceptions to the rebate requirements in accordance with Section 148 of the Internal Revenue Code and related Treasury regulations. Provisions of First Southwest Company 2. We agree to provide our professional services and our facilities in the creation and maintenance of records useful to or necessary in the determination of Rebatable Arbitrage with regard to the Bonds. The Issuer will assume and pay the fee of First Southwest Company as such fee is set out in Appendix A attached hereto. First Southwest Company shall not be responsible for any extraordinary expenses incurred in connection with providing such professional services, including any costs incident to litigation, mandamus action, test case or other similar legal actions; unless First Southwest Company is a party to such litigation and a claim is asserted against First Southwest Company for work performed under this Agreement. - 3 . We agree to perform the following duties in connection with providing arbitrage investment rebate services: I e a. To cooperate fully with the Issuer in reviewing the schedule of investments made by the Issuer with (i) proceeds from the Bonds, and (ii) proceeds of other funds of the Issuer which, under Treasury Regulations Section 1.148 or any successor regulations thereto, are subject to the rebate requirements of the Code: b. To perform, or cause to be performed, calculations no less frequently than once a year, consistent with the Code and the regulations promulgated thereunder, regarding the amounts of Rebatable Arbitrage from the investment of funds subject to the requirements of Section l48(f)(2) of the Code; c. To provide a report to the Issuer specifying the amount of Rebatable Arbitrage based upon the investment schedule, the calculations of bond yield and investment yield, and other information deemed relevant by First Southwest Company. Provisions of Issuer . 4. In connection with the performance of the aforesaid duties, the Issuer agrees to the following: a. That First Southwest Company will be compensated for the perfonnance of services with respect to calculating and advising the Issuer of the amount of Rebatable Arbitrage in accordance with the schedule set forth in Appendix A attached hereto. b. That the Issuer will provide First Southwest Company, and First Southwest Company shall be entitled to rely upon, all information regarding the issuance of the Bonds and the investment of the proceeds therefrom, and any other infonnation necessary in connection with calculating the amount of Rebatable Arbitrage. In particular, the Issuer shall furnish to First Southwest Company the infonnation set forth in Appendix B attached hereto. c. That the Issuer will infonn First Southwest Company of the retirement, prior to the scheduled maturity, of any Bonds included under the scope of this Agreement within 30 days of such retirement. This notification is required to provide sufficient time to comply with Section 1.148-3(g) of the arbitrage regulations which requires fmal payment of any Rebatable Arbitrage within 60 days of the final retirement of the Bonds. e 5. In providing the services set forth in this Agreement, it is agreed that First Southwest Company shall not incur any liability for any error of judgment made in good faith by a responsible officer or officers thereof, unless it shall be proved that such error 2 . of judgment was a result of the gross negligence or willful misconduct of said officer or officers. First Southwest Company shall only be liable for penalty and interest resulting from such error of judgment. 6. The fee and expenses due to First Southwest Company in providing arbitrage investment rebate services shall be calculated in accordance with Appendix A attached hereto. The fees will be payable annually upon delivery of the report prepared by First Southwest Company for each issue of bonds during the tenn of the Agreement unless terminated earlier. Bonds Issued Subsequent to Initial Contract 7. The services contracted for under this Agreement will automatically extend to any additional financing bonds (including financing lease obligations) issued during the stated term of this Agreement, if such bonds are subject to the rebate requirements under Section 148(f)(2) of the Code. In connection with extending the scope of this Agreement to additional financing bonds, the Issuer agrees to the following: . a. The Issuer will notify First Southwest Company of any tax-exempt fmancing (including fmancing lease obligations) issued by the Issuer during any calendar year of this Agreement, and will provide First Southwest Company with such infonnation regarding such other bonds as First Southwest Company deems necessary in connection with its perfonnance of the arbitrage rebate services contracted for hereunder. b. At the option of the Issuer, any additional financing bonds issued subsequent to the execution of this Agreement may be excluded from the services provided for herein. The Issuer must notify First Southwest Company in writing of their intent to exclude any specific fmancing bonds from the scope of this Agreement. Election to Pay Penalty in Lieu of Rebate 8. The services contracted for under this Agreement will automatically extend to any additional fmancings during the stated tenn of this Agreement, if an election was made (prior to delivery of the Bonds) to pay penalty in lieu of rebate for a qualified construction bond issue under Section 148(f)(2) of the Code. In connection with extending the scope of this Agreement to include computations of penalty, the Issuer agrees to the following: e a. The Issuer will notify First Southwest Company of any fmancing bonds issued by the Issuer during any calendar year of this Agreement for which a penalty election was made. The Issuer will provide First Southwest Company with such infonnation regarding the investment and expenditure of such bonds as 3 e First Southwest Company deems necessary in connection with its performance of the penalty calculation services contracted for hereunder. b. At the option of the Issuer, any additional financing subsequent to the execution of this Agreement may be excluded from the services provided for herein. The Issuer must notify First Southwest Company in writing of their intent to exclude any specific financing bonds from the scope of this Agreement. Effective Dates of Agreement . 9. This Agreement shall become effective at the date of acceptance by the Issuer as set out herein below and remain in effect thereafter for a period of five (5) years from the date of acceptance, provided, however, that this Agreement may be terminated with or without cause by the Issuer or First Southwest Company upon thirty (30) days' written notice. In the event of such termination, it is understood and agreed that only the amounts due to First Southwest Company for services provided and expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for tennination of this Agreement. In the event this Agreement is tenninated prior to its stated tenn, all records provided to First Southwest Company with respect to the investment of monies by the Issuer shall be returned to the Issuer as soon as practicable. In addition, the parties hereto agree that upon tennination of this Agreement First Southwest Company shall have no continuing obligation to the Issuer regarding any service contemplated herein. e 4 . Acceptance of Agreement 10. This Agreement is submitted in duplicate originals. When accepted by the Issuer, it, together with Appendices A and B attached hereto, will constitute the entire Agreement between the Issuer and First Southwest Company for the purposes and the consideration herein specified. Acceptance will be indicated on both copies and the return of one executed copy to First Southwest Company. Respectfully submitted, FIRST SOUTIIWEST COMPANY BY~.RAuuR- fJ. ~ Authorized Representative . Date g,q -'it.{ - 5 . II PLEASE CHOOSE AND EXECUTE THE APPROPRIATE OPTION II ACCEPTANCE CLAUSE Acceptance Not Requiring Board Approval: The above and foregoing is hereby 10 all things accepted and approved by the , on this the day of (Issuer's Name) , 19_ By Authorized Representative . Title Acceptance Requiring Board Approval: The above and foregoing is hereby in all things accepted and approved by the , on this the day of (Issuer's Name) , 19 _, pursuant to the provisions of Resolution No. approved by the Members of the on 19 , passed and - By Secretary - 6 e APPENDIX A FEES The Bonds to be initially covered under this contract include all issues of tax-exempt bonds delivered subsequent to the effective dates of the rebate requirement, to the extent that any particular issue does not qualify for exceptions to the rebate requirements in accordance with Section 148 of the Internal Revenue Code and related Treasury regulations. The fee for any Bonds under this contract shall only be payable if a computation is required under Section 148(f)(2) of the Internal Revenue Code of 1986, as amended. In the event that any of the Bonds comply with an exclusion to the computation requirement as defmed by Section 148 of the Internal Revenue Code or related regulations, the specified fee will be waived by First Southwest Company. . For example, certain bonds are excluded from the rebate computation requirement if the proceeds are spent within specific time periods. In the event one of the above-captioned Bonds fulfùl the exclusion requirements of the Internal Revenue Code or related regulations, the specified fee will be waived by First Southwest Company. The fee for any additional bonds to be added to this contract shall be: Rebate Calculations: $1,000 for each issue of General Obligation bonds, regardless of issue size; $1,500 for each issue of Revenue bonds, regardless of issue size; and $2,000 for each issue of Variable/Floating Rate bonds, regardless of issue size. Penalty Calculations: $1,000 semiannually for each issue of Bonds, regardless of issue size. The above fees are payable annually upon delivery of the report prepared by First Southwest Company, commencing one year after the date of delivery of the Bonds and on each computation date thereafter during the tenn of the Agreement, unless tenninated earlier. The fees for computations of Rebatable Arbitrage which encompass more, or less, than one full year of investment data perfonned during the same computation period shall be prorated to reflect the longer, or shorter, period of work performed during that period. e 7 e APPENDIX B INFORMATION REQUIRED TO PERFORM REBATE COMPUTATIONS The following information must be provided for each bond issue requiring an arbitrage rebate calculation. Most of this infonnation can be accumulated at the time the bonds are issued and sent to First Southwest Company as part of the delivery of the bonds. We recommend that infonnation related to investment activity be forwarded on a periodic basis. This will allow First Southwest Company to enter and review the investment detail in advance of the computation date required under federal law . In this manner, the time required to complete the computation and issue the related report can be reduced. For each bond issue, please obtain the following infonnation to be sent to First Southwest Company: . Copy of Official Statement for the issue. If no Official Statement is prepared on the issue, a copy of the bond resolution, indenture, ordinance or similar official transcript describing the issue will be needed. Copy of Winning Bid Form and Underwriter's Certificate as to Yields. This infonnation is only required when the bond issue was sold on a competitive basis. If the sale was negotiated, the Final Official Statement nonnally provides the infonnation required to properly compute the arbitrage yield. If the issue was sold competitively, the winning bid fonn and underwriter's certificate are needed to obtain information regarding the interest rates and initial offering yields to the public. Copy of Form 8038 (Informational Tax Form). This fonn is normally prepared by bond counsel as part of the closing documents. A copy of this fonn must accompany any rebate payments filed with the Internal Revenue Service. Description of Funds created for the bond issue. To ensure that we have properly addressed the distribution of all funds and the related arbitrage requirements, it is useful for us to obtain a description of the various funds created by the bond issue. In the official documents supporting the issuance of the bonds (e.g., Official Statement), there is nonnally a narrative section outlining the funds for which bond proceeds and other monies may be deposited. e Copy of "No-Arbitrage Certificate." This certificate, although frequently called by another name, describes the federal tax law requirements the Issuer must follow to comply with various arbitrage laws. This document permits us to evaluate the specific tax compliance requirements established by Bond Counsel at the time the bonds were issued. 8 . Investment transaction information. The computation of the rebate amount for excess investment earnings requires very detailed investment records. In order for us to compute the rebate amount, it is necessary that you forward investment information which includes the following data: · Source of funds for purchasing the investment (e.g. Construction Fund, Reserve Fund, Debt Service Fund), · Description of security purchased, · Date purchased, · Maturity date, · Maturity value of security (par value/face value), · Purchase price of security showing both the cost of principal as well as any accrued interest paid, . · Coupon rate (Interest rate) and frequency of interest receipts, · Yield to maturity (required for discount securities), · Sale date, if sold prior to maturity, · Sales price of both principal and interest, if sold prior to maturity. The best documentation available for the information listed above are copies of the actual trade confmnations provided when the security is purchased or sold. The trade confmnation should contain all of the information we will require and should be the only documentation you would have to provide us. If trade confmnations are not available, or are too cumbersome to accumulate, your internal investment records would be sufficient for our purposes as long as the information described above can be obtained from your records. Bank Statements for Interest-Bearing Checking Account. In many situations, an interest-bearing checking account is used to hold maturing investments and miscellaneous fund balances until the proceeds are either reinvested or used on a specific project. The rebate computation requires that all funds related to a bond issue be tracked. It will be necessary therefore, for us to obtain the monthly bank statements related to any interest-bearing checking account in which bond proceeds or related funds were deposited. . If you have questions as to what would be the best source of information in your situation, please do not hesitate to contact us. 9 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Interlocal Agreement Concerning Water and Subject: Wastewater Service hetween the City of North Richland Agenda Number: Hills and Haltom City - Resolution No. 94-49 9/26/94 GN 94-125 This interlocal agreement grants Haltom City the right to have a sanitary sewer gravity main in North Richland Hills' existing 20-foot wide sewer easement. It also grants North Richland Hills the right to have a to-inch water main along the south right-of-way of Browning Drive in the city limits of Haltom City. Haltom City currently has approximately 140 homeowners in the Trails Addition whose wastewater flow enters the North Richland Hills Singing Hills sewer outfall. Haltom City has been planning to intercept this sewer flow and pump it back into their sewer system. This will eliminate the two remaining sewer connections Haltom City has to our system. Meadow Lakes North Addition is currently being developed on the south side of Browning Drive adjacent to the west city limits line of North Richland Hills. Water service for the subdivision is being brought from the east along the south side of Browning Drive (currently under construction). The curvature of the Browning Drive extension causes a segment of the new roadway to be totally within the city limits of Haltom City. Therefore, it seems appropriate to get their formal agreement allowing our utilities to pass through their city limits. The Haltom City Council will be considering this interlocal agreement at their meeting on September 26, 1994. Rp-commendation: Staff recommends Council approve Resolution No. 94-49 and authorize the Mayor to sign the agreement on their behalf. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ o Acct. Number Sufficient Funds Available ~c~ Fin.... DIntc:1or Page 1 of · · · RESOLUTION NO. 94-49 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby authorized to execute the attached Interlocal Agreement with the City of Haltom City concerning a Haltom City sewer line being located within a City of North Richland Hills sanitary sewer easement and a North Richland Hills water line being installed along Browning Drive in the city limits of Haltom City. PASSED AND APPROVED this 26th day of September, 1994. Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City . INTERLOCAL AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT§ This agreement, made by and between the City of North Richland Hills, hereinafter called "NRH", and the City of Haltom City, hereinafter called "Haltom", both municipal corporations chartered under the constitution and laws of the State of Texas, and each acting through its authorized representatives. WHEREAS, both NRH and Haltom wish to provide service to water and wastewater customers within their city limits; and WHEREAS, Haltom desires to intercept wastewater flow from THE TRAILS ADDITION before it enters NRH IS-inch diameter outfall sewer, and pump it back into . their wastewater collection system; and WHEREAS, NRH desires to provide water service to the new Meadow Lakes North subdivision located on the west side of NRH and the south side of Browning Drive; and WHEREAS the governing bodies of Haltom and NRH each find that this agreement is necessary for the benefit of the public, and that the mutual promises and commitments contained herein constitute adequate consideration to each party; and WHEREAS, this agreement is entered into pursuant to Chapter 791 of the Texas Local Government Code. NOW, TIlliREFORE, the parties agree as follows: SECTION 1. NRH will allow Haltom to install and maintain an 8-inch diameter gravity sanitary sewer main and lift station in the most westerly 4 feet of an existing north-south 20 foot . wide sanitary sewer easement dedicated to NRH and filed in Volume 4942, Page 563 of f:\files\muni\hc\intagr.nrb . the Deed Records of Tarrant County, Texas, and located in the Haltom city limits. Haltom agrees to maintain the sanitary sewer main and lift station and further agrees to indemnify and hold harmless NRH from any liability, loss, damage, personal injury or death resulting from this sewer line. SECTION 2. NRH will not require payment from Haltom for transportation of wastewater flows through the Haltom sewer line and lift station referred to in Section 1 above. SECTION 3. Haltom will allow NRH to install and maintain a 10-inch diameter water main and appurtenances within Haltom city limits behind the curb in the parkway along the south side of Browning Drive within the street right-of-way dedicated to Haltom in Volume 1591, Page 1263, of the Deed Records of Tarrant County, Texas. NRH agrees to maintain the . water main and appurtenances, and further agrees to indemnify and hold harmless Haltom from any liability, loss, damage, personal injury or death resulting from the water main and appurtenances. SECTION 4. Haltom will not require payment from NRH for transportation of water through the NRH water main and appurtenances referred to in Section 3 above. SECTION 5. It is expressly understood that, in the execution of this agreement, no party waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. . SECTION 6. This agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. f:\fi1ea\muoi\bc\iDtqr.lU'b 2 . SECTION 7. This instrument contains all commitments and agreements of the parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement. SECTION 8. The undersigned officers of the parties hereto are the properly authorized officials and have the necessary authority from the governing bodies to execute this agreement on behalf of the parties. SECTION 9. This agreement shall be executed in duplicate originals and shall become effective on the latest date of execution and shall bind the parties, their successors and assigns. WITNESS OUR HAND THIS day of ,1994. . City of North Richland Hills, Texas By: Tommy Brown, Mayor AITEST: Jeanette Rewis, City Secretary City of Haltom City, Texas By: Trae Fowler, Mayor AITEST: . Helen Harris, City Secretary f:\filea\muai\bc\intaør.arb 3 . . V\ I í' i _, _ I l .,...., .~ r'!! '- N 11';' ~ 8" ~ L.,:.... '~-PlUG (TYP.) 'I r N II J-/~ 12" .J, II! s - - - --oø'I""- _ _ _ , I I jJ WATAUGA . .. I . , . . . . "., ..... . NORTH RICHLANO HillS ~r ---...-- G¡2.A-tJi , fI ffAL'¡?J 7Vl CJ~ S/iiJJI!a- ¡VIIHN ¡NS}1J-uf;V ) rV N~ 1+ fi:A-SfUv1 €./I'/V- . .' I ¡ NRH FLOW - - WATAUGA FLOW --- ...... HALTOM CITY ~--- C ø -ï;ç:;.----~ DETAIL 3 ~ NO SCALE G 'tJ(.., r VO 8 " @~''f . .---.,..-- ...._.~ / . STl/H flNrIH:JJ HJ.IION .10 LU:1 AJ.D 1rOJ.7r11 .10 LU:1 --------------- ---l:z . . '" '" c.... ....en . :Jr- ...."'''' u....'" <I .... a:::WIAJ ......".." ~2~ Ø'\zr= ....5:3 "0 ... ~ ...¡ o ::> 'ImLr. Xl UNYs aven¡ D'JJ.IHI. ð ........ 8 ...... '" t'1 g ...¡ '" o w o iÌ Ó .. I I j \ ~ i .-:\~ I '" ~ ölQ . " .. '" .. ~ .... -' ~ :z: ~ >- .... '" !!! I .... I ; I !ë I I ~ i I I I (~) .. . . -. ......... -." '" -' 0-' ....- :z: ~~ ~!f!": "'", .. "'-.. 0"'- "-:z: . z"'''' ~!!i" ~Z,..; ~~! 0,.. w.... . 0_ -' ",0 > - ( en ...¡ ...¡ "'- "'''' !!í", cz u~ . 1o."'t'1 "'¡UCD c_ U,,"'" "''''~ en..... ~~cñ U1 z..... cc", '" ->-'" ....r -:J u...¡ C ::> ---- ~ <. ~ .~ ~ ~~ ~ .J <.~~ ~ ~ ~ ~ ~ ...... W ~ > E-t 00 0:: t!I Q z >-. :r ~ ~ (!) IJ' ... 0 Z :z: u ... "' I :.: § IJ' ~ 0 0 I 0:: E-t CD == ~ ...... ~ J... "111,1,('p.. : @ " ,,; ~PIST·<f 'rto @)'IO" ; .~. ~I ,. ~ ~ ~.ð ¡ \~ ".~ 11. II ð ~. '., . . '"\ 1 ,/ '(0 : ~I"~, ./~,,,. ~c.¡¡.. H. P!~aK£ JIL, ~,;..:~ '. 10 L--..¿ ~: .' ~ 1. ~"·I1Wu.o~ IÞlv.(' L.I)....· ',¡;:;-:- . -/ C; ~ &., 1 g. , y'0(..4I'I~"', f\.,.fI'I~ C;;:. 01 0 I :".. I sa,,·,w.,o'c,. 10.0\'1 ~. C? ..;' -- - -- &8'\'+'1''1)0''£,', ~i· ' . ~. rÝCf( "'1' Y - .;-~, /?~ - r '" ~IZDUlth~ ~G~T6 ; ,~, /. "8 \1 ~ . SU-'f\òt-t 4Y' . I I I ~,"'I"". fI,.1N ~ .¡, I 1 " l.fatjilAry .s.w ~u¡t ~ 0 I II ~,. ./7It , 1', '10 I " II ~al'7u( lIy tI1e. Cd.'! of I 1\ II r«rU¡ ~ø"tI "'~II II II 'f::=i 11 ~ . . \ \.1 ~'k\J / ~ \ ~ ~o~ ~ /' 11\ fF· / I'I~ ..' /. ~ . II \\ ~'#~. ------ \\ l~ ~.~\~ I I ,~ -;.III~ vA~' iH\1 , -.~.. -ti,~ eo $wt,.tAry~~~I. f'2DFbW) 101 SAHITA.R."( t6¡. ofNl ,/f'~" I . Stwuz. ~&(,~ ~tøi'" If ~ CAy ~ I..) . ~ w,., .!iII:; ~ ~I [~ . . ,.r.l!.~4-2J~5"¡;;~~·f ~ If y.,aø: .! I ,.... . ';' . .. ~I~. , ~~~¡; ~\\\ &~1 . Jt4J.~".I 11 , ",~·",,~,~.l.tT"11 ,.; . III N8'·~·Ò,~u1,.,O.O'·/! \1. CMImI.!\At....... 1ft;':-'01't.11¡1./ UL- :, . . . .. €..' S'I'S1W15 ,~(. . fOO\" -......,... .:' vo&..loð4t,f\,.1.'\.'I'I ,'j -'/.. . . . /' ..",J....... "... ", ' ~ . ,f.~ . '. .... PJflOu.1W,~ ~~~ NO¡P\ I 6t.(,ì\~ , Ý/1o,,·~/1Ii , Rt,'1ð . ' '.. ., -.., r. ,\~:. ~GØ ~ 'ff.~ , . I . . . .1 tþ i .' " . , . ". . . .. , . .. : þ ,,,~. I' :-t .. ~ , ~rt(: .. CARTER C1 BURGESS.INC. ENGI"'EERS' PLANNERS n.....c.."IIfI'I'/.. _I ""'ton ~ "IA, "tll Q ¡.~Lt~...~ ~.:~!:WJ~.~-~ 1" $'(SfÞ\'~ W/,. -lW't' ''';'' ti,~";: ;tf..··;l~l:', :';J" ,. ~~T . . . . ': \f~~~~·t~:';; .,'. . ' :.' 'r,:,!>;.;".~ ......._.1/..'. ~:! '. ~.:. ~~i I~}~~ 7~ ÐO\'~r(' .". &\ow .IL ,~~!\.:':!~·¡~:·:i~ , ,~ . ~ ....... "for. .. j! 10 ~I"^L,( ~W~J;;!t::~ "J~.MI..'T ' ··tt·..· ........W".,"" . . .;J. '..... "'. .' ..... (' &CfùATW 114 T~ ~"* A~ '$Uf.--;~7··;~· . \'(.1', A.ffl~í ~. 1'\ I-p.~\ (Þ. .~I~.,,:, ~ í£XAS . . :', 1~.'tOO1 CITY OF NORTH RICHLAND HILLS Department: Finance - Council Meeting Date: 9/26/94 Subject: Contract with KPMG Peat Marwick to Conduct Single Audit for Federal Grant Programs Agenda Number: GN 94- 126 The City of North Richland Hills has received several Federal funded programs during 1993, and it is necessary to conduct an outside audit to meet Federal requirements. Any Federal funds received. by the City, whether th~ be passed through the State or directly from the Federal Government, require an audit and the Comptroller General of the United States requires th~ be done in accordance with the Single Audit Act of 1984. The grants and Federally funded projects ending September 30, 1993 that fall under the Single Audit Act are as follows: · $2,500 - Park and Recreation Grant from Texas Forest Service from Small Business Administration for tree planting program. · $4,555 - Parks Grant from Texas Forest Service for tree planting program. $6,750 was originally awarded in Fiscal Year 1991/92, however, $4,556 of the funds carried over to Fiscal Year 1992/93. · $19,822 - Public Works Grant from State Department of Highways and Public Transportation for signal light synchronization projects. · $25,323 - From Texas Department of Transportation the Texas Traffic Safety Program S.T.B.P. Grant for the Police Department. Peat Marwick has proposed to conduct these audits for a fee not to exceed $7,000.. Reconmendation: It is recœmnended that Council approve the contract with Peat Marwick to conduct the single audit as required under the Federal programs for these four grants for a fee not to exceed $7,000. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) S'cMi¡;ufficient Funds Available ' Operating Budget - <:;:t ~.,,". Other . . !k cç ~~-'''~'' ~~~-:- City Manager CITY COUNCIL ACTION ITEM Pa e 1 of . - "'I .. ",:;pI - Peat Marwick . Certified Public Accountants 2500 City Center Tower II 301 Commerce Street Fort Worth, TX 76102 Telephone 817 335 2655 Telecopier 817 332 1350 July 7, 1994 Mr. Larry J. Cunningham Director of Finance City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76180 Dear Larry: . We have audited the general purpose financial statements of the City of North Richland Hills, Texas as of and for the year ended September 30, 1993, and have issued our report thereon dated December 17, 1993. This letter will confirm our understanding of the engagement to perform a Single Audit of Federal financial assistance programs for the year ended September 30, 1993. We will conduct our audit in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act of 1984; and the provisions of OMB Circular A-128 and Audits of State and Local Governments, with the objective of issuing the reports listed below at the conclusion of our audit. In conducting the audit, we will perform tests of the accounting records and such other procedures as we consider necessary in the circumstances to provide a reasonable basis for our opinion on the schedule of Federal financial assistance. We also will assess the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. The City agrees that all records, documentation, and information we request in connection with our audit will be made available to us, that all material information will be disclosed to us, and that we will have the full cooperation of the City's personnel. As required by generally accepted auditing standards, we will make specific inquiries of management about the representations embodied in the financial statements and the effectiveness of the internal control structure, and obtain a representation letter from management about these matters. The responses to our inquiries, the written representations, and the results of audit tests comprise the evidential matter we will rely upon in forming an opinion on the schedule of Federal financial assistance. . . --Peat Marwick Mr. Larry J. Cunningham July 7, 1994 Page 2 The management of the City has responsibility for the schedule of Federal financial assistance and all representations contained therein. Management also has responsibility for the adoption of sound accounting policies and the implementation of record keeping and an internal control structure to maintain the reliability of the schedule of Federal financial assistance and to provide reasonable assurance against the possibility of errors and irregularities that are material to the schedule of Federal financial assistance. . An audit is designed to obtain reasonable assurance about whether the financial statements are free of material misstatement. Even a material misstatement may remain undetected, however, by an audit performed in accordance with generally accepted auditing standards. The City releases and will indemnify and hold harmless KPMG Peat Marwick and its personnel from any claims, liabilities, costs, and expenses relating to our services under this letter, except to the extent determined to have resulted from the intentional or deliberate misconduct of KPMG Peat Marwick personnel. Also, our maximum liability to the City arising for any other reason relating to services rendered under this letter shall be limited to three times the amount of fees paid to us for these services. We estimate that audit fees will not exceed $7,000. Circumstances encountered during the performance of the audit that warrant additional time or expense could cause us to be unable to complete the audit within the above estimates. We will endeavor to notify you of any such circumstances as they are assessed. It is our practice to submit bills to the City as work progresses. At the conclusion of our audit, we plan on issuing the following reports for the year ended September 30, 1993: · A report on the supplementary schedule of the City's Federal financial assistance programs; · A report on compliance with general requirements; · A report on compliance with specific nonmajor program requirements; · A schedule of findings and questioned cost, if any; · A report on internal controls at the general purpose financial statement level; · A report on the internal controls at the Federal financial assistance program level. . . _Peat Marwick Mr. Larry J. Cunningham July 7 1994 Page 3 We shall be pleased to discuss this letter with you at any time. For your convenience in confirming these arrangements, we enclose a copy of this letter. Please sign and return it to us. Very truly yours, KPMG Peat Marwick ~-~ William P. Hanley, P~er WPH:SJS . Accepted by: Signature Date . CITY OF NORTH RICHLAND HILLS Department: Finance / Police Council Meeting Date: 9/26/94 S ubiect: Authorize Purchase of Mobile Data Terminal Agenda Number: PU 94-72 As the result of a recent traffic accident the mobile data terminal in a police car was damaged and needs to be replaced. The cost to replace this equipment will be $5,230. This replacement unit should be purchased from Motorola to be compatible with existing equipment. Recommendation: It is recommended City Council authorize the purchase of one mobile data terminal from Motorola in the amount of$5,230, Source of Funds: Bonds (GO/Rev.) Operating Budget -X Other Finance Review Acct. Number 01-80-04-6400 SuffiC;~~':Inds ~~~-'e. . ,.., ,~..~.--(./ /).'\~# .~......t, .;'.1 ~. . J' '.j lÀÁVII .-j" f'0,r-:..·.,'7?·....H~. ~A..,,,,,,,, . - ì \. ., II¡"" r' FI.....ce Director ....-, .~-f " / Department ead Signature CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance / Management Services Council Meeting Date: 9/26/94 Subject: Award Bid for Paintin~ of miscellaneous City Facilities Agenda Number: PU 94-73 In the 1993/94 approved budget Council appropriated funds for the painting of miscellaneous buildings. Formal bids were solicited for painting to be done at Fire Stations one, three, and four, Vehicle Maintenance, and the Jail. The results are outlined below. Rockaway Construction $17,198 Team Design $24,395 Simmons Custom Painting $25,000 Tom S. Stephens, Inc. $28,300 Staff had a meeting with the low bidder to insure their bid met the specifications, and a site visit has been made to a recent completed job to view the work of Rockaway Construction. Staff contacted three references, and they all highly recommended Rockaway as doing excellent work and being very dependable. All three companies said they would definitely use Rockaway Construction again. Recommendation: It is recommended City Council award the bid for the painting of miscellaneous City facilities to Rockaway Construction Company in the amount of$17,198. Finance Review Source of Funds: Bonds (GO/Rev.) . Operating Budget -X ~(I Other _ ~ II IßJ./ ,fJ /~ C Departme t Head si'9nafJ ~ CffY COUNCIL ACTION ITEM Acet. Number 06-01-02-3540 SUffi~len U~ds ~~~ }~_.)<í ",'. ,If , FI....ce Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Public Works Ratify Purchase of Property for City Hall Expansion Subject: Project - Tnt 7, R10ck 17) Richhmci Terr::lce Aciciition Council Meeting Date: 9/26/94 Agenda Number: PU 94-74 Staff has reached agreement with Ms. Elizabeth Spalding to purchase Lot 7, Block 32, Richland Terrace Addition (4905 Marilyn Lane) for the City Hall Expansion Project. The appraised value of the property is $73,000. Net compensation to Ms. Spalding will be $72,032.32 ($73,000 less $967.68 property taxes). Staff has also agreed to pay Ms. Spalding $7,000 as liquidated relocation expenses, and $2,033 to payoff an air conditioning unit loan. RecommenciMion: Staff recommends Council ratify payment to Ms. Elizabeth Spalding in the amount of $81,065.32 ($72,032.32 for property, $7,000 relocation expenses, $2,033 loan payoff) for the purchase of Lot 7, Block 32, Richland Terrace Addition. Finance Review Acct. Number Suffi 'ent Funds Available Fln...ce D.ector Page 1 of WARRANTY DEED . THE STATE OF T.EXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Elizabeth Karen Spalding, A Feme Sole, of the County of Tarrant, State of Texas, for and in consideration of the sum ofTEN DOLLARS ($10.00) and other valuable consideration paid in cash, receipt acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY, unto the City of North Richland Hills, a municipal corporation, the following described real property in Tarrant County, State of Texas, to wit: Lot 7, Block 32, RICHLAND TERRACE ADDITION, to the City of North Richland Hills, Tarrant County, Texas, (Known as 4905 Marilyn Lane, North Richland Hills, Texas 76180) TO HAVE AND TO HOLD the above described premises, together with aU and singular the rights and appurtenances thereto in anywise belonging unto the said City of North Richland Hills, Texas, its successors and assigns forever and said Grantor does hereby bind her heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said City of North Richland Hills, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. . III ~~S my hand at North Richland Hills, Texas this ¡Cftt.day of L.::f2 ' 1994. J .~"7i~ y.;;:~c:>..... Elizabeth Karen Spalding ~ STATE OF TEXAS § § COUNTY OF TARRANT § ¡f, ~~his~9strument was acknowledged before me on the ''ftJ... day of ~ WW"~ , 1994, by Elizabeth Karen Spalding. ~AN ~~~ Notary Public, State of Texas Acknowledgement . Mailing Address of Grantee: City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 \,\11' II II" I 'I 'I \\' tI D lJ_ ¡// ,,\~..o.I" . ur~lll. ~" ~;';'';'ä'ÿ'~''':'~¡-:'// ~ ,.~,..~ .", ~ j/~*\\ == iø : : :;:;..\ c,::: ~ ~ ~~ .: ~ 1. \, ~(ç,~ ,/ j ~,.I: '''~. .... ~ :I~ !t............. :::-' ;"fJ/ w..~ n"f ", I~I "~~I ,\~\ III" r" II II" \ '- . ,/" . . . ... MEMO~UMOFAGREEMENT City Hall Expansion Lot 7, Block 32, Richland Terrace Addition 4905 Marilyn Lane Owner: Elizabeth Karen Spalding Our negotiations for City Hall expansion across your property has progressed to the point that you have indicated a willingness to sign a deed in return for payment as agreed to in our previous discussions. It is thought to be in the best interest of both you, as Seller, and the City of North Richland Hills, as Buyer, to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase or the process by which the City will make payment. Your property is Lot 7, Block 32, Richland Terrace Addition located at 4905 Marilyn Lane, North Richland Hills, Texas 76180. The property being purchased by the City of North Richland Hills has been thoroughly explained. The payment of $73,000.00 as herein agreed to will constitute full payment to be made by the City for the property to be conveyed to the City. The City and the Seller have agreed to the following provisions. 1. The payment of the amount herein stated and the terms herein provided constitute the only promises, consideration and conditions of this purchase, and no other promises, consideration or conditions have been promised or implied that are not set herein. 2. The estimated 1994 prorated property taxes, based on $3.78 per day, will be totaled through the closing date and deducted from the $73,000.00 sales price. The net compensation to Seller will therefore be $73,000.00 less $967.68, or $72,032.32. 3. Buyer agrees to allow Seller to remain on the premises until November 15, 1994. 4. The City agrees to pay Sel1er the sum of $7,000.00 as liquidated relocation expenses, and $2,033.00 to payoff an air conditioning unit loan. 5. The City will not be liable for injury to the Seller or his family, or any other person, occurring on the property beyond this date and for as long as Seller continues to occupy the property. Tenant agrees to provide their own personal contents insurance during their occupancy past this date. . . Memorandum of A~eement Page 2 of2 ' 6. It is expressly understood and agreed that Seller is retaining title to the following located on the above described real estate, to wit: 4 ceiling fans, certain sections of wood fence. CITY OF NORTH RICHLAND HILLS By: f:::::!;;//(~ Right-of-Way Agent APPROVED: f-I.> -<1 r Date SELLER f CITY OF NORTH RICHLAND HILLS Department: Finance / Police Department Council Meeting Date: 9/26/94 Subject: Award Contract for Uniform Cleaning Services Agenda Number: PU 94-75 In the 1993/94 approved budget Council appropriated funds for uniform cleaning services for the Police Department and Environmental Services. Formal bids have been solicited and the results are outlined below. The bid specifications provided a list of items to be cleaned for this contract, and requested the vendors to provide unit prices for cleaning services on each item on the list. Since the cleaning and alteration services will vary according to type and frequency of use, the bids were evaluated on the overall per unit cost submitted by each company rather than combining per unit costs with varying degrees of use. The lowest and best overall per unit costs were submitted by Dove Cleaners. Attached is a side by side comparison of the three bids. The three bidders in order of lowest to highest are: I. Dove Cleaners 2. Classic Cleaners 3. Kell Cleaners Recommendation: It is recommended City Council award the bid for a one year contract for uniform cleaning services to Dove Cleaners. Finance Review Various Source of Funds: Acct. Number Bonds (GO/Rev.) S~UffiCient Fun~dS A ~ailacble . ~ ~ Operating Budget -X Other FlnllftC8 Director ent Head S;gnature c~ CITY COUNCIL ACTION ITEM Page 1 of - CLEANING CONTRACT DOVE I CLASSIC KELL Uniformed Police CLEANERS CLEANERS CLEANERS . A Shirt & Pant (1 uniform $3.36 $3.50 $4.90 B Chill Chaser Jacket $2.70 $4.00 $3.90 C Tufty Jacket $3.90 $4.00 $5.90 D Uniform Jump Suit $3.90 $4.00 $6.90 E Bullet Proof Vest Cover $1.00 $2.50 $3.90 F Neck Tie $1.56 $2.50 $2.90 Criminallnvestiaations A. Sport Coat $2.55 $3.00 $3.90 B Suit (2 piece) $3.90 $4.50 $5.90 C Suit (3 piece) $4.50 $5.50 $6.90 D Dress Pants $1.56 $2.00 $1.95 E Shirts (dry clean) $1.80 $2.50 $2.95 F Shirts (launder) $0.69 $1.20 $1.35 G Non-Leather Long Coat $4.50 $7.50 $8.90 . H Non-Leather Short Coat $3.90 $5.50 $5.90 Neck Tie $1.56 $2.50 $2.90 Police Rec/Env. Servic A Blouse $2.37 $2.50 $3.90 B Skirt $2.37 $2.50 $3.90 C Pants $1.56 $2.00 $1.95 D Jacket $2.55 $2.50 $3.90 E Dress $3.90 $5.00 $6.90 F Bow $1.56 $1.00 $1.00 Alterations A Patches Sewn on Shirts $1.15 $2.00 $3.90 B Patches Removed $0.60 $6.00 $1.90 C Tapering of Shirts $4.50 $5.00 $9.50 . D Tapering of Pants $3.00 $10.00 $9.50 E Alteration of Waist $5.50 $5.00 $9.50 F Replace Pants Zipper $4.50 $7.00 $9.50 CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 9/26/94 Subject: Award Contract for City Hall Copy Machine Agenda Number: PU 94-76 The lease/purchase agreement on the Xerox 1065 copy machine located in City Hall has ended. This equipment has been utilized at City Hall for 60 months. Although this machine has been extremely dependable in the past, it needs to be replaced due to the age and number of copies made. Requests for Proposals were solicited for a replacement machine. Vendors were requested to submit monthly payments for a lease/purchase program as well as the cost for maintenance. A committee was selected to evaluate the proposals, attend demonstrations of the proposed machines, and to make a recommendation for the replacement equipment. The committee members are Ginny Pierce, Administrative Assistant, Sharon Murphy, Public Works Secretary and Donna Enos, Purchasing Agent. The Request for Proposals listed evaluation factors such as responsiveness to the proposed system and solutions to the City requirements, machine features, maintainability, reliability and performance records, and total evaluated cost. Four companies responded to the request. The equipment proposed by A.B. Dick and Lanier did not meet the minimum specifications and the Lanier equipment did not perform well during the demonstration. Zeno Systems submitted a proposal for a Sharp-3062 and Xerox submitted a proposal on a 5385. Both machines performed well during the demonstration and both machines received excellent recommendations. Attached is a break down of the quotes on these machines. The Xerox 1065 has been extremely reliable since it was installed. There have been 2,076,059 copies made, and 49 service calls placed in past 60 months. Out of the 49 service calls there have only been approximately five service calls placed when the machine could not be used at all. The response from the service technicians has been excellent. Although the Sharp performed well in the demonstration and the references were favorable, the recommendation of the Committee is that we replace our machine with the Xerox 5385. The difference in the monthly payments can be justified by the extra features we will have such as copying on 17" x 22" paper, the document feeder capacity is 1 00 pages, and we can use 16 pound paper in the Xerox machine. This will be an important feature when we use recycled copy paper. The Xerox 5385 may also be upgraded to include a color module for color printing and an edit board. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Ot er Acct. Number ~~ -~ ad Signature City Man~ CnYCOUNC~ACnON"EM Page 1 of 1 CITY OF NORTH RICHLAND HILLS Another important feature is called "Remote Interactive Communications". This feature would be hooked up to a fax line and the machine would be monitored 24 hours a day for potential problems. The City would be contacted in advance of any potential problem to eliminate possible down time. The City has had very good experience with the Xerox equipment. The Xerox equipment is heavy duty and extremely reliable. The maintenance service is fast and very good, and the machine features are very user friendly. Reliability and performance are very important with equipment placed in a key location and is as heavily used as this copy machine will be. Recommendation: It is recommended City Council award the 60 month contract for the lease/purchase of the copy machine to Xerox. CITY COUNCIL ACTION ITEM Pa e _ 2 of 2 . . . o z W N >- Ng- ~Oc: ('I')L-ea o~e.. en..... m o o o z W N Q) :::J ea N> <'o.....Q) OQ)m ('I')~ea oroQ) en:2....J L- ea 1.1.. Q) :::J "0 X 0 'E O§LO:2ea 0::: .- ro L- 0 ã..('I')OCD WOLOO..... X '- 0"0 ~~ x o 0::: W X Q) m ea .c () LO L- ro :::J ('I')e.. LOQj m ea Q) ....J Q) "0 o :2 Q) c: :.c () ea ~ m_ Q) L- 0'- Q) o Co > .80 ~o('l') roo('l') ~ON _0 LO ......:... N.c ."E .~ 0 E E o o LO ro ~ ~ <.0 I'- (j) ro (j) ~ LO N N <.0 (j) ~ Q) C) L- ea .c o ..... c: Q) E Co :::J C" W ~ .c "E o ~ o o ('I') ('I') N Y7 o o LO LO ~ Y7 o o (j) N ('I') Y7 o o (j) N ('I') Y7 Q) U) () CD C:.- eae. c: 0 Q) U "Eo '-0 eao :2 ~ It) >-M £1:: c: 0 0"C ~( ) ....;U) m ca W.Q o o LO ('I') o ...... Y7 o o o ~ (j) Y7 <.0 I'- ro ...... ('I') ...... Y7 t LO N ...... (j) N ...... Y7 o C o C Q) C) L- ea .c o >- .c ..... c: o :2 ea Õ I- m Q) "0 :::J Uc: C:.- ._ I .....Q) C:"O :::J ea o~ ELO <{<.o o C 0 o C ...... CITY OF NORTH RICHLAND HILLS Department: Public Works Approve Consultant Contract for Subject: Traffic I jght Synchroni7.ation TIT Projer.t Council Meeting Date: 9/26/94 Agenda Number: PW 94-32 The Texas Department of Transportation (TxDOT) has approved the City's grant application to develop synchronized traffic light systems on Rufe Snow Drive (Lewis Lane to Starnes Drive) and Holiday Lane (Loop 820 to Industrial Park Boulevard). The City's participation of $8,574.10 was approved by Council on August 22, 1994, PU 94-67. The Traffic Light Synchronization III Program (TLS III) contracts with TxDOT have been executed by the Mayor. Staff has negotiated an agreement for engineering services with Barton-Aschman Associates, Inc. in accordance with the TLS III contracts. Negotiations have been successful and an agreed price not to exceed $20,455.00 is recommended. FundinE Source: The City's final total participation in the two TLS III projects previously authorized by Council (8/22/94, PU 94-67) will be $8,574.10. The total project costs of $33,784.17 includes the engineering fee as presented. The City will be fronting the total project costs while submitting for and receiving reimbursements from TxDOT in accordance with the contract. Rp-commendation: The staff recommends that the City Council approve the contract for engineering services with Barton- Aschman Associates, Inc. and authorize the Mayor to sign in their behalf. Finance Review ent Head Signature CnYCOUNC~ACnON"EM Page 1 of . . . AGREEMENT This AGREEMENT made and entered into this _ day of ,19_, by and between Barton- Aschman Associates, Inc., a Delaware corporation with principal offices at 820 Davis Street, Evanston, Illinois 60201, (and local offices at 5485 Belt Line Road, Suite 199, Dallas, Texas 75240 and at 2630 West Freeway, Suite 132, Fort Worth, Texas, 76102) hereinafter referred to as the "CONSULTANT" and City of North Rlchland Hills, hereinafter referred to as the "CLIENT"; W 1 I N E .s. .s. E I Ii: WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish technical and professional assistance in connection with the Texas Department of Transportation's Traffic Light Synchronization Program (TLS III), hereinafter referred to as the "PROJECT" and the CONSULTANT has signified his willingness to furnish technical and professional services to the CLIENT; NOW THEREFORE, the parties hereto do mutually agree as follows: A. Scope of CONSULTANT's Services The CONSULTANT agrees to perform in a good and professional manner those services outlined in Attachment A, a copy of which is attached hereto and incorporated in this AGREEMENT. B. Information and Services to be Provided by the CLIENT The completion of the services to be performed tJ¡ the CONSULTANT under the AGREEMENT is contingent upon the timely receipt from the CLIENT, at no cost to the CONSULTANT, of services, data, and reports described In Attachment B, a copy of which is attached hereto and incorporated in this AGREEMENT. C. Changes and Extra Work If changes or extra work are requested and authorized in writing by the CLIENT, the CONSULTANT will be available to furnish, or obtain from others, the following types of services: 1. Extra work due to change in the general scope of the study including, but not limited to, changes in size, complexity, or character of the work items. 2. Additional or extended services including study administration due to: (1) the prolongation of the AGREEMENT time through no fault of the CONSULTANT, (2) the acceleration of the work schedule involving services beyond normal working hours, or (3) nondelivery of any materials, data, or other information to be furnished by the CLIENT or others not within the control of the CONSULTANT. 3. Additional services and costs necessitated by travel required of the CONSULTANT other than as specified in Attachment A, Scope of Services. 4. Other additional services requested and authorized by the CLIENT which are not otherwise provided for under this AGREEMENT. The costs and schedule for completing changes or extra work authorized by the CLIENT will be subject to negotiation between the CLIENT and the CONSULTANT. . D. CONSULTANrs Compensation The CONSULTANT will be compensated for services on the following basis: Cost Plus Fixed Fee with an Upset Maximum -- "The CONSULTANT shall be compensated for services rendered under this AGREEMENT on the basis of allowable costs plus a fixed fee. Allowable costs shall include; (1) direct payroll rates including burden of employees engaged in the PROJECT, (2) overhead, and (3) direct expense items chargeable to the PROJECT. The estimate of the allowable costs for the services (direct labor, overhead, and expenses) to be rendered under this AGREEMENT is $20,455.00. In addition, the CONSULTANrs fIXed fee for serviced rendered under this AGREEMENT shall be $1,765.00. It is agreed and understood that this is a cost plus fixed fee AGREEMENT in the maximum estimated amount of $22,220.00. It is understood and agreed that this sum represents the best estimate of the CONSULTANT and the CLIENT of the cost of such work as set forth in the PROJECT Budget attached and made a part hereof in Attachment C. It Is further understood and agreed that the PROJECT Budget is intended only as a guide and is not binding on either party in any particular way, except for the maximum amount stated. The CONSULTANT will monitor the progress of the study in relation to this budget and will appraise the CLIENT of significant deviations or anticipated problems in sufficient time to allow adjustments to the Scope of Services or PROJECT budget to enable completion of the study within the total AGREEMENT amount. . If, prior to the satisfactory completion of the services under this AGREEMENT, the total of the allcmable costs incurred by the CONSULTANT is within five percent of the maximum allowable costs, all work will cease, and the status will be evaluated by the CONSULTANT. Work will not recommence unless and until an adjusted maximum amount payable has been negotiated on the basis of a detailed analysis of the work necessary to complete the required services resulting from the evaluation. There will be no adjustment in the fixed fee unless it is determined by the CLIENT and the CONSULTANT that there has been a substantial change in the scope, character, or extent of the services of those required under the basic AGREEMENT. The CONSULTANT reserves the right to make individual salary adjustments during the course of this project as may be desirable in its opinion by reason of promotion, demotion, or change in wage rates generally. Such adjustments will be limited to the manner in which charges are computed and billed and will not affect other terms of the AGREEMENT, such as total estimated project costs. E. Method of Payment The method of payment will be as follows: Method of Payment for Cost Plus Fixed Fee Agreement The CLIENT will pay the CONSULTANT for services rendered on the basis of allowable costs plus a fixed fee as set forth in Paragraph D of this AGREEMENT. Such sums will be paid In accordance with monthly billings prepared by the CONSULTANT. Said billings shall be determined in the following manner and reflect the following: 1. AlloWable Costs a. Allowable costs under this AGREEMENT shall include payroll costs, overhead, and directly related PROJECT expenses. The estimates of the maximum allowable costs for services to be rendered under this AGREEMENT is $20,455.00. b. Direct payroll costs of employees while performing technical work on the PROJECT shall be derived from each employee's actual hourly payroll rate, including burden, multiplied by the actual hours of productive work on the PROJECT during the billing period. . . . . c. A provisional overhead rate factor of 1.855 times direct payroll costs shall be stipulated for the purpose of invoicing services as they are performed. It is expressly understood that the actual overhead rate is to be determined by the final audit upon the conclusion of the PROJECT and a final billing will be made to adjust the provisional rate to the actual rate. The estimated maximum as set forth in paragraph (a.) above will be adjusted to accommodate an increase or decrease resulting from the final overhead rate determination, but the actural rate will not exceed the provisional factor plus 0.145. If a fiscal year of the CONSULTANT ends while this AGREEMENT Is in progress, the CONSULTANT may, after audit determination of a final overhead rate for that fiscal year, submit a billing adjusting the provisional overhead rate to actual for those costs billed to the CLIENT during that fiscal year. d. Other direct expenses, for such items as travel, subsistence, and material, which are directly chargeable to the PROJECT and not normally provided as part of the CONSULTANT's overhead, shall be billed at cost on a monthly basis. 2. Fixed Fee a. The amount of the fIXed fee earned each period shall be an amount which bears the same proportion to the total fIXed fee as set forth in Paragraph 0 of this AGREEMENT as the total allowable costs invoiced bear to the established estimated maximum allowable costs as set forth in Paragraph 0 of this AGREEMENT. b. The total fIXed fee to be paid to the CONSULTANT under the terms of this AGREEMENT shall be $1,765.00. 3. Other Payment Provision a. The CLIENT will cause payments to be made to the CONSULTANT at his office in Tarrant County, Texas within thirty (30) days of invoice. A charge of 1.5 percent per month will be added to all past due accounts. b. In the event of a substantial change in the scope, complexity, or character of the work to be performed, and with the written concurrence of both the CLIENT and CONSULTANT, the fixed fee specified in Paragraph 2b and the estimated maximum allowable costs specified in Paragraph 1a shall be adjusted in accordance with the provision of Paragraph C of this AGREEMENT. If payments are not made in accordance with the provisions of the AGREEMENT, the CONSULTANT may give written notice five (5) days in advance that he intends to stop work, without penalty, until such payments are received. Following receipt of such payments and prior to reinitiating work, the CLIENT and the CONSULTANT will mutually agree on the schedule and costs for completing the terms of this AGREEMENT. F. Time of Performance The services of the CONSULTANT will begin upon delivery to the CONSULTANT of an executed copy of this AGREEMENT and will, absent causes beyond the control of the CONSULTANT, be completed on or before July 14, 1995. . . . M. G. Termination The CLIENT and the CONSULTANT will have the right to terminate the AGREEMENT by written notice to the other party at least thirty (30) days prior to the specified effective date of such tennination. In such event, all finished and unfinished documents and work papers prepared by the CONSULTANT under the AGREEMENT will, at the option of the CLIENT, become its property, and the CONSULTANT be paid all costs incurred for services rendered up to the date of such termination. H. Nondiscrimination The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. Further, the CONSULTANT is in compliance with the Equal Opportunity Clause as set forth in Executive Order 11246, as amended. I. Liability Consultant is protected by Workmen's Compensation Insurance (and/or employer's liability insurance), professional liability insurance, and by pUblic liability insurance for bodily injury and property damage in the amount of $1,000,000.00 and will furnish certificates of insurance to City before commencing any work, such certificates for bodily injury and property damage shall also name the City as an additional insured under such policies. J. Excusable Delays Except with respect to defaults of subcontractors of the CONSULTANT, the CONSULTANT will not be in default by reason of any failure in performance of this AGREEMENT in accordance with its terms (Including any failure by the CONSULTANT to make progress in the prosecution of the work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes may include, but are not restricted or limited to, acts of God, or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather but in every case the failure to perform must be beyond the control and without the Bult of negligence of the CONSULTANT or its subconsultant or its subcontractor. If the failure to perfonn is caused by the failure of a subconsultant or subcontractor to perfonn or make progress, and if such failure arises out of causes beyond the control of both the CONSULTANT and the subcontractor, and without the fault or negligence of either of them, the CONSULTANT will not be deemed to be in default. K. Progress Reviews When the total money due the CONSULTANT approaches a point near 50 percent of the maximum compensation provision set forth in Paragraph 0, the CONSULTANT will review with the CLIENT the work already accomplished and the work anticipated to complete the AGREEMENT. The purpose of these reviews will be to determine if the PROJECT is proceeding within the intended terms specified in the AGREEMENT. If it is determined that during the course of the PROJECT events have caused deviation from the terms ofthe AGREEMENT, the CONSULTANT together with the CLIENT will agree on a procedure to allow completion of the PROJECT within the terms of the AGREEMENT or will agree to negotiate modifications to the AGREEMENT to provide for completion of the PROJECT. L. Indemnification In the event of a willful or negligent act or omission by a party to this AGREEMENT, that party will hold the other harmless from and against any damage, claim or loss resulting to the other therefrom. Personnel All of the services will be performed by the CONSULTANT. None of the work or services covered by the AGREEMENT will be subcontracted to any other entity without the prior written approval of the CLIENT. The CONSULTANT represents that he has, or will secure at his own expense, all personnel . . . required to carry out and perform the Scope of Services of this AGREEMENT. Such personnel will not be employees of or have any relationship with any of the members of the CLIENT. Such personnel will be fully qualified and will be authorized under state and local law to perform such services. N. Conflict of Interest. The CONSULTANT certifies that to the best of his knowledge no CLIENT's employee or offICe of any public agency interested in the AGREEMENT has any pecuniary interest in the business of the CONSULTANT and that no person associated with the CONSULTANT has any interest that would conflict in any manner or degree with the performance of the AGREEMENT. O. ComDliance with Laws. The CONSULTANT shall at all times observe and comply with all laws, ordinances, and regulations of the state, federal, local, and city government which may, in any manner, affect the performance of the AGREEMENT. p. Records and Audits. The CONSULTANT shall maintain complete and accurate records with respect to allowable costs incurred and manpavver expended under this AGREEMENT. All such records shall be maintained on a generally-accepted accounting basis and shall be clearly identified and readily accessible. The CONSULTANT shall provide access during regular business hours at its principal place of business to the representatives of the CLIENT to such data and records, and the right to inspect and audit all data and records of the CONSULTANT relating to. Q. Assignability. The CONSULTANT shall not assign any interest in the CONSULTANT and shall not transfer any interest in the same (whether by assignment or notion), without prior written consent of the CLIENT; provided, however, that claims for money due or to become due to the CONSULTANT from the CLIENT under this AGREEMENT may be assigned to any commercial bank or other financial institution without such approval. . . . IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this AGREEMENT on the date and year first above written. BARTON-ASCHMAN ASSOCIATES, INC. 2630 West Freeway, Suite 132 Fort Worth, Texas 76102 CITY OF NORTH RICH LAND HILLS, TEXAS P.O. Box 18609 North Richland Hills, TX 76182-0609 ~2~k~ Senior Associate By Name Title Date Date ATTEST: ;// / 41/Mf Joseph . Short, P.E. Senior Associate ATTEST: By Name Title Approved as to Form Legality: Name Title . . . ATTACHMENT A Scope of Consultant's Services A. The Project Area For the purposes of the Agreement, the study area is defined as follows: System 1 - Rufe Snow Drive - 7 intersections 1. Rufe Snow Drive and Starnes Road 2. Rufe Snow Drive and Hightower Drive 3. Rufe Snow Drive and Chapman Drive 4. Rufe Snow Drive and Watauga Road 5. Rufe Snow Drive and Stardust Drive 6. Rufe Snow Drive and Industrial Park Blvd. 7. Rufe Snow Drive and Lewis Lane System 2 - Holiday Lane - 5 intersections 1. 2. 3. 4. 5. Holiday Lane and Industrial Park Blvd. Holiday Lane and Lewis Lane Holiday Lane and Lola Drive Holiday Lane and Loop 820 North Frontage Road Holiday Lane and Loop 820 South Frontage Road B. Task Definition Task 1: Data Collection 1.1 Determine peak hours and collect one hour turning movement counts (TMC's) during am, noon, and pm peak periods. 1.2 Collect travel time and delay measurements during am, noon, and pm peaks. This will require 6 runs in each direction along the arterial during each peak hour. 1.3 Review existing signal control equipment and timing data. 1.4 Observe intersection operations at each signal location to determine special control needs. Task 2: "Before" Evaluation 2.1 Code data collected in Task 1 and complete initial simulation run of existing conditions using PASSER II or TRANSYT-7F. 2.2 Calibrate computer model of existing conditions. 2.3 Complete "Before" evaluation report (5 copies) to present travel time and simulation statistics for each system. Separate reports will be prepared for each system. · Task 3: DeveloDment and Implementation of Signal System Timin9 Plans 3.1 Determine control strategy for system and confirm with CLIENT. 3.2 Prepare timing plans for Systems 1 and 2. (Up to 3 signal system timing plans for each system). 3.3 Assist with implementation of timing plans. 3.4 Assist with fine tuning of timing plans. Task 4: "After" Evaluation 4.1 4.2 4.3 4.4 4.5 4.6 · · Complete PASSER II or TRANSYT-7F simulation of timing plans implemented in the field. Collect travel time and delay measurements during am, noon, and pm peaks (6 runs in each direction). Calibrate mode of "After" conditions. Complete "After" evaluation report to present travel time and simulation statistics. Submit draft "After" evalaution report (3 copies) for review and comment by Client. Separate reports will be prepared for each system. Review draft reports with Client. modify as appropriate and submit five (5) copies of final report. . . . ATTACHMENT B The relative project task responsibility was defined in the TLS Grant Applications (Attachment F of Grant Application). Consistent with those task assignments, the CLIENT will provide the following: 1. existing traffic signal timing and phasing data for each project intersection, 2. Roadway base map information as needed, 3. Review of evaluation reports, 4. Implementation of new control equipment, and 5. Assistance in timing implementation and fine-tuning. . . . ATTACHMENT C This budget is a summary of the Detailed Cost Estimates for consultant services as outlined in the TLS Grant Applications (Attachment E of Grant Application). ENGINEERING COSTS SYSTEM DIRECT LABOR DIRECT & OVERHEAD EXPENSES FIXED FEE TOTAL COST 1 $10,820.45 $1,600.00 $1,082.05 $13,502.50 2 $6,834.87 $1,200.00 $683.49 $8,718.36 TOTALS $17,655.32 $2,800.00 $1,765.54 $22,220.86 CITY OF NORTH RICHLAND HILLS Department: Public Works A ward of Bid for Precinct Line Road Uitlity Subject: Adjll"tmp.nt", Ph::l"p' T Council Meeting Date: 9/26/94 Agenda Number: PW 94-33 Bids were received on the subject project on September 20, 1994 and the low bidders are shown below: BASE BID - Utility Adjustments between Martin Drive and Railroad Crossing Bid.deJ: Wright Construction Pate Bros. Hall-Albert Construction Amollnt $370,951.70 $373,185.29 $380,766.30 r:¡l~nd:¡r O:¡y" Hid 140 180 160 ALTERNA TE BID - Base Bid plus Utility Adjustments from Grapevine Hwy. to Martin Drive Bid.deJ: Pate Bros. Hall-Albert Construction Wright Construction Amollnt $561,429.09 $569,024.10 $569,738.20 r:¡l~nd:¡r O:¡y" Hid 180 160 140 The City's Construction Division will install the 8-inch water main from Grapevine Highway to Martin Drive. The sanitary sewer line extension to serve 3 existing homes currently on septic tanks can be delayed and put in by the City crews. This only leaves the Base Bid to be done under this contract. Fllndin~ SOllr~~: Sufficient funds were allocated in the 1989 Revenue Bond Sale for this project. This project will consist of two phases. Phase I (Martin Drive to Railroad Crossing) Engineering Construction Phase I Total Budget $ 30,000 400,000 $410 000 R~vi,,~d Hllde~t $ 40,000 'NO,OOO $410 000 Phase II (Railroad Crossing to Davis Boulevard) Budget $ 30,000 411 J100 $441 600 Engineering Construction Phase II Total R~vi,,~d Hlld~t $ 30,000 411 ) 600 $441 600 R~~omm~nd:ltion: Staff recommends Council award the bid to Wright Construction in the amount of $370,951. 70 (Base Bid) for a period of 140 calendar days. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Oth Acct. Number ~~. ,-",- men' Head Signature c~ CITY COUNCIL ACTION ITEM Page 1 of CITY OF NOBTH RICHlAND HillS, TEXAS . UTILITY CAPITAL PROJECT FUND Project Summary Sheet PROJECT: PRECINCT LINE ROAD UTILITY ADJUSTMENTS (Grapevine Highway to Glade Road, Phase I) DESCRIPTION: Relocation of existing water and sewer lines along Precinct Line Road as required to clear the right-of-way for construction of new thoroughfare improvements by the Texas Department of Transportation, (TxDOT) . JUSTIFICATION: TxDot plans to begin street and drainage construction in November, 1994. Utilities must be relocated before this work can be accomplished. ESTIMATED COST: $873,600 FUNDING SOURCE: 1989 Revenue Bonds . LOCATION: , . I . --- : ! 1 i"" ;-~u~~-rj ~.,; l' ~, I i I t-~ '1IA1f J'OYUD.= - .....'_.~~L=----_ __. \ ,,~ Î . .;.0"<".' I . ___"11\0181..-.1.-_ , . ., ; ,u'h' l.-·-rTr;fi . ' · : i :!J :1 ~_.~'~f~]---:;~-r-"~'--JLL:S-.' t~~'(Yj~;' . ~-.. I I, 1m, "- , .' ._ __... I II ~. -'1' --~. - - ~ t---!, -- . r ---r . .""" .Y~L" ".. .... J ~l il i!~ =~-':;-r~¡¡ F ,. ¡--:-~-I ,; I' I' - ; r:,,: .,~~ ...._ I - ~,:.:.~~-:~~:~g~ ~:=:-=--=-~.~ ,- >.::.' ~ ;.i- ,.~__n._: ,::¡_~~,--: . t:¡ I' ~~-~. -.....--_-.,;' _---I ''-~.''''..' 'b__, ''"-''_.LD~OL I III.. :=..,:.--.-:-.'. ~:'::J'-.·'!;:.m...~_.~.:I-'_. , 1 --.-r.tr.A~.."r'D-' - -. -- ·T·-++~··! !__··""'h'_"-- ., -,. ',-4- .: U~JWE¡':.· .,...~~.~ ~.~~:c.·, : ~ ..L ··:·:-.·~.!~..w- ~ J.~~ -.l-l-'.-:::' i;.~~:. . >~ 1 --4 r -i-~l ~::::¡ . .1rn' ~-. ¡ ;_:.;J_¡' :. ~~"r ¡·-r..··, .. " -:r~IfJ§;,9.~.~;;Tt-l1· Imll~:" ~:--f- ,-',-,::LL ~\ ..)r:--~ : . ~ ~ ~ ~! I r ~ R ; ,------1:- -~- ~ ~' \-J I I f\ .'-'1 r---f 'I I . T::::1- , '---. 0,__, --nl!. ..~. , , .-' ), ", \ 1: ~._=- ~ ~li j ',,1· ~ ~ì : 1 _~ -oj ..;, {' --._...~;"Ò"'C--\ I ¡ ;' .._ I ""_u -- .-:~ :== I' ~ .·ê~ :-: 'j : <"""fAN 00 ¡: '~,-i I~::~ ,':;:;- ~'"~~- .-.. c., .~~"~..""..II"---n--J -_"~'_" _. : ._..._.... ~ . / , . : _ __-1-Tl-~~ F~:S"rA·· C~i;l.L _"~~~i._':':~~! u :C:':_ÿ.~·';~"~ .'1T,-". ... r· r··"?=-----¡- ~-".""""'-:-:-~. __. ï-·,C-'.'..J -- -~.~. æ ):! i~':·.- ~':-=--. ( i -:--. '-::~ ~ 1...._: '. . j '. ,":.;), l 3:·-;..::.~·~~~=_.;'.,;.=::....-. -·~:.:.l .. -~ J. 3 I ~- --.: -- . ~-- ö"~;";'_:_~ ·r:"~_f· . -. "-o~_ ._ .. =' ---. .. -----::-- "- SCALE l' . 3000' ~ - 1, I L ~.l - ~ . ~9I1!n~(.M;.,~....~ .UYo. . ~\ ../" .., ~~ . n' .- .. - .., ..- -. .. ~ C ~ w ! ., ... U Z U ~ Q. N \ 0( :z: Q. po w ~ :z: Q. 33 . . . . K NOWL TON-E NG LI SH-F LOWE RS, INC. CONSUL TlNG ENGINEERS / Fort Worth- Dallas September 21, 1994 Mr. Gregory W. Dickens, P.E., Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-574, CITY OF NORTH RICHLAND HILLS PRECINCT LINE ROAD UTILITY ADJUSTMENTS BID TABULA TlON AND RECOMMENDA TION OF A WARD Bids were received on September 20, 1994 for the referenced project. This project includes water and sanitary sewer adjustments and relocations along Precinct Line Road from Grapevine Highway to the D.A.R.T. Railroad as required to clear the right-of-way for proposed paving and drainage improvements by the Texas Department of Transportation (TxDOT). Eight (8) contractors submitted bids as presented on the attached detailed tabulation. The following is a summary of the bids: NO. BIDDER SECT. A SECT.B SECT.C SECT.D BASE BID TOTAL CAL A+B A+B+C+D DAY 1. Wright Const. 261,463.70 109.488.00 107,826.50 90.960.00 370.951. 70 569.738.20 140 2. Pate 8ros. 268.162.25 105.023.04 131,640.37 56.603.43 373,185.29 561.429.09 180 3. Hall-Albert 287.328.60 93.437.70 125,988.60 62,269.20 380,766.30 569.024.10 160 4. Circle 'C' 313.017.00 114,653.00 151,944.00 58,408.00 427,670.00 638.022.00 150 5. Mike Albert 324,711.00 117,160.00 141.637.00 50.284.00 441,871.00 633,792.00 150 6. Tri-Tech 331.536.00 124,021.00 112.776.00 44,508.00 455,557.00 612.841.00 250 7. linder-Stahl 337.750.00 125,069.00 162.835.00 71.059.00 462.819.00 696.713.00 300 8. Mid-State 360,608.40 122.613.00 193,403.40 115.240.00 483.221.40 791.864.80 250 Section" A" includes water relocations north of Martin Drive, and Section "B" includes sanitary sewer relocations north of Martin. Sections "C" and "D" includes water and sewer relocations, respectively, south of Martin. The Base Bid includes all work north of Martin and the Total Bid includes all water and sewer work. The water line work included in Section "C" could be accomplished by City crews, if desired, and therefore could be deleted from this contract. The sewer work included in Section "D" is off-site and not required for widening of Precinct Line Road at this time. If you choose to award the contract for Sections" A" and "B" only, use City crews for Section "C" and delay work on Section "D" until later, then we would recommend award to the low bidder for the Base Bid, Wright Construction Company in the amount of $370,951. 70, for a period of 140 Calendar Days. If you choose to award the complete 1901 CENTRAL DR., SUITE 550. BEDFORD, TEXAS 76021.817/283-6211. METRO 817/267-3367. FAX 817/354-4389 . . . September 21, 1994 Precinct Line Road Water and Sewer Utility Adjustments Tabulation of Bids and Recommendation of Contract A ward project, including Base Bid, and Sections "C" and liD", then we would recommend award to Pate Brothers Construction Company, in the amount of $561,429.09, for a period of 180 Calendar Days. The low Base Bidder, Wright Construction Company, has successfully completed several similar projects in the North Richland Hills area for many years. We would not hesitate to recommend them for this project. However, we are not familiar with the work of Pate Brothers, but we have no information about this company which would preclude them from contract award either. In the absence of any negative reports regarding the performance of the low bidder on any other similar projects, we would recommend that the contract be awarded to Wright Construction Company, Inc., 601 W. Wall Street, Grapevine, Texas, 76051, for the base bid amount of $370,951.70, for a period of 140 Calendar Days; or Pate Brothers Construction Company, 780 W. Mansfield Highway, Kennedale, Texas, 76060, for the total project amount of $561,429.09, for a period of 180 Calendar Days. We will be present at the September 26, 1994, Council Meeting to assist you with answers to any questions which the Council may have concerning this project. Meanwhile, please call if we can be of further service in this regard. ~cv. ~ RICHARD W. ALBIN, P.E. RW A/raJEnclosures/Bids.574/ cc: Mr. Rodger N. Line, City Manager Mr. C.A. Sanford, Deputy City Manager Mr. Kevin B. Miller, P.E., Assistant Director of Public Works Mr. Larry Cunningham, Director of Finance Mr. Larry Jones, Water and Sewer Superintendent Mr. Mike Hansen, Utility Coordination, Texas Department of Transportation ., CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Final Pay Estimate No.6 in the amount of Subject: $15,146.70 to Larry H Jackson c.on~tmction c.ompany for Agenda Number: North Forty and Greenwood Way Drainage Improvements 9/26/94 PAY 94-23 This project was awarded by Council on September 13, 1993 (PW 93-37) to Larry H. Jackson Construction Co. for $130,894.65. Pinal payment to the Contractor will make his total earnings $125,389.50. The contractor completed the project in the time bid, if time is allowed for significant delay due to Lone Star Gas relocation work on North Forty Drive. , The contractor substantially completed this project on September 14, 1994. The project is now totally complete with all final adjustments having been made. Funnine; SouTce: Sufficient funds were previously appropriated by Council on 9/13/93 on PW 93-37. Rp-commennation: It is recommended Council approve final payment to Larry Jackson Construction Co., in the amount of $15,146.70. Finance Review Acct. Number ~ ÇUffi ..ntFund'A~V.iI.bl. _ ~-~ FlnM..O¡'ector ;<9 C .-J~ '/~ ment Head Signature ëitYM~ ~ CITY COUNCIL ACTION ITEM Page 1 of . . . . KNOWL TON-E NGLlSH-FLOWERS, INC. CONSUL flNC fNCINffRS .I fort Worth· Dallas September 15, 1994 D[g©[gOWŒT~ SEP I 51994 ~ Mr. Gregory W. Dickens, P.E., Director of Public Works City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-245 CITY OF NORTH RICHLAND HILLS NORTH FORTY & GREENWAY WAY DRAINAGE IMPROVEMENTS CONTRACTOR'S PARTIAL PAY ESTIMATE NO.6 AND FINAL Enclosed is one copy of Contractor's Final Pay Estimate No.6, dated September 14, 1994, made payable to Larry H. Jackson Construction Co., Inc., in the amount of $15,146.70, for materials furnished and work performed on the referenced project as of September 13, 1994. The quantities and conditions of the project have been verified on-site by your representative, Mr. Ken Matheson, as indicated by his signature on the estimate dated September 14, 1994, and we have checked the item extensions and additions. The following is a summary to the project status to date: TOTAL CONTRACT PERCENT BREAKDOWN THIS MONTH EARNINGS AMOUNT COMPLETE IIncl. Retainagel Paving $5,308.85 $45,011.00 $44,941.15 100.16 Drainage 7,264.25 72,642.50 78,342.50 92.72 Water 523.60 5,236.00 5,111.00 102.45 Sewer 2,050.00 2.500.00 2.500.00 100.00 TOTALS $15,146.70 $125,389.50 130,894.65 95.79 TIME (Calendar Days) 57 90 63.33 The original contract amount was $130,894.65, and Contractor earnings total $1~5,389.50 based on as-built quantities and contract unit prices. Contractor earnings are, therefore, $5,505.15 under the Contract Amount. The savings results primarily from unused rock rubble riprap, and miscellaneous paving allowance. 1901 CENTRAL DR.. SUITE 550 . BEDFORD. TEXAS 76021 .8171283-6211 . METRO 8171267·3367. FAX 817/354-4389 . . . Page 2, September 1 5, 1994 North Forty and Greenwood Way Drainage Improvements Contractor's Final Pay Estimate No.6 The Work Order date was October 11, 1993, and the Contractor worked until about December 15, 1993, at which time the Contractor had to suspend work while Lone Star Gas was doing its utility relocation work. From October 11 to December 15 was a total of 65 calendar days, including wet days. The Contractor resumed work on about April 15, 1994, and was substantially complete on June 15, 1994. The time from April 18 to June 15 was about 61 calendar days, including wet days. The total time allowed for wet weather delays above the average during the months when the contractor could work is assumed to be 69 days, as calculated in the table below. The total time used by the contractor was thus 65 plus 61, less 69 wet weather delays, or a total of 57 calendar days. Therefore, the contractor completed the work within the 57 days available to him, as calculated above, from October 11, 1993, to June 15, 1994, within the 90 day contract completion time. CALCULATION OF TIME ALLOWED FOR WET WEATHER DELAYS MONTH, YEAR TOT. WET DAYS· AVG. RAIN DAYS DAYS OVER AVG. October, 1993 21 6 15 November, 1993 17 6 11 December, 1993 18 6 12 April, 1994 18 8 10 May, 1994 23 9 14 June, 1994 13 6 7 TOTALS 110 41 69 * Note: Assume Total Wet Days includes rain days plus 2 wet days after each rain day series greater than 0.1-inch of total precipitation, and 1 wet day after rain day series between O. 1-inch and trace rainfall (T) amounts. The two (2) year period of maintenance begins on this date, and therefore, will terminate on September 15, 1996. The maintenance obligation includes repair of all water and sewer utility relocation malfunctio~s, and failure of other equipment furnished and installed under this Contract along with storm sewer and sanitary sewer line breaks or stoppage. The maintenance obligation also includes sealing of pavement replacement cracks, repair of pavement buckling or other failures, along with failure of all concrete flatwork and other concrete structures. In the absence of any negative reports concerning the condition of the project, and after the Contractor has signed an Affidavit stating that all bills and subcontractors have been paid, we recommend that this final payment, in the amount of $15,146.70, be made to Larry H. Jackson Construction Co., Inc., 5112 Sun Valley, Fort Worth, Texas, 76119. . . . Page 3, September 1 5, 1 994 North Forty and Greenwood Way Drainage Improvements Contractor's Final Pay Estimate No.6 We will be available at the September 26, 1994, Council meeting to answer any questions which you may have concerning this project. Meanwhile, please call if we can be of further service.. ~~~ RICHARD W. ALBIN, P.E. RW A/raJEnclosures/FinaI.245/ cc: Mr. Rodger N. Line, City Manager Mr. C.A. Sanford, Deputy City Manager Mr. Larry Cunningham, Director of Finance Mr. Ken Matheson, City Inspector Mr. Larry H. Jackson, President LARRY H. JACKSON CONSTRUCTION, INC. 5112 Sun Valley Drive Fort Worth. Texas 76119 Metro (817) 572-3303 Sèptember L3. 199. \lr. Greg' Dickens City of ~orth Hichland Hills 7301 ~. E. LOOD 820 ~orth Hichland Hills, Tèxas 76180 Ee: \orth forty Hoad & Greenwood '.;a\ ~orth Richland Hills, Texas Dear ~r. Dickens: This letter 1.,s a. reQuest for ext:'a tun,:, ')11 ~~;'le <;.00\,:, ceferenced proJect. On approximarel;>' December 1.), LJ93 he \, ere 'J 11 a b let 0 con tin U t=' \, i t h t his 0 r 0 J e c· t due t.) ~. a s 1 1. n e conflicts hith the proposed storm sewer. Lone Star Gas did not move these lines lintll ~ppro:~imatel> .\¡::.1cii. 1¿:, 18;::1~. . Very shortly thereafter we began construction and had the pro.iect substantially complete by June 15, 1994. Therefore, we respectfUlly request an additional 150 calèndar days be added to this project due to the re-schedulin~' of the crews. Should you have any qUèstions pertaining to this matter. Jlease do not hesitate to contact me. ~þ(ø~t~ ~roy L. Jackson TLJ/lr . CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: Approve Final Reimbursement Payment to ARCO Subject: Pipe Line Company for Acljll~tment~ on Stmmmer Drive Agenda Number: 9/26/94 PAY 94-24 By Resolution 94-27, the City has agreed to pay ARCO 100% of the cost of adjusting their 3-inch pipeline under Strummer Drive. ARCO spent more than the estimated amount of $22,138.85 (in PW 94- 21) due to a change in the way they lowered the line to save time and avoid inconvenience to adjacent property owners. ARCO's total reimbursement requested is $31,688.69. FundinE Source: Additional funding can be appropriated as shown below. From: Unspecified Streets CIP Fund Balance $9,490 To: Strummer Drive Street Project $9,490 Recommendation: Staff recommends Council approve first and final payment in the amount of $31,688.69 to ARCO Pipe Line Company for adjustments to their pipeline under Strummer Drive and the transfer of funds as indicated above. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ th Acct. Number Suffic' nt Funds Available An...ce Director re CITY COUNCIL ACTION ITEM Page 1 of . . . ARCO Pipe Line Company 200 ARCO Place Post Office Box 308 Independence Kansas 67301 Telephone 316 332 1299 ~~ ~" (~~~'~:~-T_~~:-. ~,' ;6,_'-' ~--~-~-~_._-, !Iri-C -,"' l5 U d LS I., ~~. SEP 91994 ~! Land & Right of Way Services September 14, 1994 George W. Dickens, P.E. Public Works Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76182-0609 RE: Lower and Recondition Approximately 300' of ARCO Pipe Line Company's (APL's) 3" Pipeline to Accommodate Construction of Strummer Drive, North Richland Hills, Tarrant County, TX. APL's File: un R4657 Dear Mr. Dickens: As stated in Resolution No. 94-27 approved by the City Council of The City of North Richland Hills (The City) on June 27, 1994, The City agreed to reimburse APL for 100% of the total actual cost incurred on the referenced project. Therefore, enclosed are two copies of APL's Invoice No. UD 2200 indicating the total actual costs as $31,688.69. Please arrange to have a check, in the amount specified, forwarded and made payable to ARCO Pipe Line Company, P.O. Box 910140, Dallas, TX 75391-0140. If you have any questions, please contact Bill Smoot at 316-332-1608. Sincerely, Encs. xc: Dave Bannwarth -- IK Sam Lun -- ARL Nancy Loder -- HOU ARCO Pipe Line Company P.O. Box 910140 Dallas, TX 75391-0140 Telephone 316 331·1300 ....... ~,.... . City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Invoice Number Please show this UD2200 number and date Date on remittance and 9/12/94 correspondence. Thank youl We charge your account Our Reimbursable Project: R4657 With costs incurred to lower and recondition 3 inch pipeline by replacing approximately 150 feet of 3 inch pipeline at subject road crossing to accomodate the proposed reconstruction of Strummer Drive in North Richland Hills, Tarrant County, TX. Per agreement, ARCO Pipe Line Company will be reimbursed 100% of costs incurred by the City of North Richland Hills, TX. Total due per attached Statement of Costs $31,688.69 . Net Due Upon Receipt cc: Carol A. Staton S.C. Lun . ARPL 9O-F December 1993 . . . ~ d'. ; W ARCO Pipe Line Company Statement of Costs Unadjusted Debit Job # R4657 Page: I Engineering Project Employees Rights-of -Way 18 76 o 557.10 1,510.50 0.00 $2~067. 60 . ..... âidTo Sick Benefits-- 1.13% of Labor Vacation Pay--5.80% of Labor Holida Pa ---2.96% of Labor 0.0113 0.058 0.0296 $23.36 $119.92 $61.20 $204A8 3~ Total Direct Labor :$2,272.0S-.' Em 10 ee Benefits - Co. Cost of Premiums Group Insurance-1.27% ofItem 3 Benefits Plan---12.12% ofItem 3 Savin s Plan---7.12% ofItem 3 0.0127 0.1212 0.0712 28.86 275.38 161. 77 Taxes F.I.C.A.-6.91% ofItem 3 F.U.I.--.IO% ofItem 3 S.U.I.--.28% ofItem 3 Workmans Comp-3.17% ofItem 3 Gen Liability---4.50% ofItem 3 0.0691 0.001 0.0028 0.0317 0.0450 IS 7.00 2.27 6.36 72.02 102.24 . 4~/rotalOther·LåborCost 7.22 0.00 0.00 Relocation Contract-Driver Pipeline Co. Nitrogen Services, Inspections 17,210.49 3,198.50 . . . A ' . ARCO Pipe Line Company Statement of Costs Unadjusted Debit Job # R4657 ..... . .. .......... .. . . . . . . . . . . ................................ " ..................................................... ';.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.;.:.;.:.:.;.:.:.:.:.:.,.:.:.;.;,.,:.' ................................... . . . .. . . . . . . . . .................................. .. ................ .................... ................... . ..... ........... ..... .. ...... . ., .. . ..... .. .. ... ....... 89.04 ........ . . .. . . . . . . .. . .............. ......... ......................................... .......................................... ..... ....... ...... ..... ......... .................................. 1,275.48 (47.08) r~º;:::$ºt6.tqtª~::::::::::::::::::::::::::::::::::::::::::'::::::::::::::::::::::::::::::::::::::::::::::r::::::::::::::::::::::::::::::::::::::,::::::::::::::::::::::::;:::::::::::::::@::::r:'i::::::::i::\i::'::::::;:::::::::;:::1 _11. 26.79% of Total Costs of Job 1:J.~~:::$~~'~~:::f$tn¡lfg~::::::::::::::::::::::::::::::::¡:!i:::':::':::::::::::::::::::::i:::::::::::::::::'I:::::::::::::::::::::,::::::,::::::::::::::::::::':::::::::::::::::::::::::::::¡::::::::::!::::::::::':::::::::::::::::::::':::':::::::::ri::::::'::':::::::::::::::::::::::::::::::::'::::::::"1 Page: 2 ':"':":::::':::::::':::::i::::::':::$:î$::ì:~I!?i:::::I I::'t:':::'::!::':'$$~~~g$~ø:$!:¡¡: $6,695.64 $0.00 I . ... ............ ........ ..... .................................. ....... ......, ."....... _~¡¡¡1~1.~.. $31,688.69 1:14~tJJq(~ni::äijyø.»çij:::öjy;iji¢Wü::::::::::,::::::::::::::::::::::::::::i::j::::,:::::i:::':::::::::::::::::::::::::I::::::,:::::::::::¡:::¡::::::':::::::::::::::::::::::::¡::::::::::::::::::::::::,::::::"::':::::':¡::::::::::::::::::::::::::::::::::::::::::¡:::: $0.00 I - $31,688.69 CITY OF NORTH RICHLAND HILLS Department: PaTh and Recreation Department Final Payment to Clifford Fogus Company Subject: for Ph~"e T F~mily Aqll~tic Park c.onstruction - Council Meeting Date: 09-24-94 Agenda Number: PAY 94-25 The construction of Phase I of the Family Aquatic Park is complete. The City Council awarded the contract to Clifford Fogus Company in the amount of $407,566. One change order has been executed in the amount of $4,763 for removal and capping of an existing well, bringing the revised contract amount to $412,319. Staff recommends approval of final payment in the amount of $20,615.95. Original Contract Amount Change Order #1 $407,566.00 $ 4.763.00 Revised Contract Amount Less Previous Payments $412,319.00 ($391.703.05) Final Payment Amount $ 20,615.95 FUNDING SOURCE: Funds are available from the 1993/94 Parks and Recreation Capital Improvement Program Family Aquatic Park account, 09-92-14-6000. RECOl\1l\1ENDA TION: Staff recommends approval of final payment to Clifford Fogus Company in the amount of $20,615.95 for Phase I construction of the Family Aquatic Park. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) ~UffCient Funds Available ') Operating Budget - ~ CN'h/1J.~-./ Other - _y~~ ·_~C ~_ Finance Director ~~ --.. ~~. ...... =~----~ Department Head Signature City Manag CITY COUNCIL ACTION ITEM Page 1 of e e e INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 94-134 ¡ ~~~> I Date: September 26, 1994 Subject: Citizen Presentation - Request for "Dead End" Closure of Coventry Court The attached petition was received by the City Manager on Friday, September 16, 1994. All of the residents of Coventry Court have signed the petition requesting that it be designated a "dead end" and barricaded at the south end. The proposed extension of Hightower Dri ve east from Smithfield Road to Davis Blvd. is scheduled to intersect with Coventry Court some 150' east of Smithfield Road. A map showing the proposed extension and the location of the requested closure is also attached. This information was reviewed by the Police and Fire Departments and they do not object to the proposed closure. The Fire Department's only concern is that in the event of a fire, some residents could have vehicle access blocked by fire apparatus or fire hoses. Mr. Fernando Ospina, 7213 Coventry Court, has requested to be placed on the Agenda for a Citizen Presentation on this subject. Respectfully submitted, ~c~ Randy Shiflet Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS · We the undersigned, legal residents and property owners on Coventry Court, Coventry Place Estates, North Richland Hills, TX.; hereby petition the City Council of North Richland Hills to place into consideration the following: 1--- To terminate the south end of Coventry Court so as to establish a 'dead-end'street without access to Hightower Rd. Respectfully submitted, NAME (please print) ADDRESS SIGNA TURE(s) e \ d.d. \ L.o'1«.,)\-rA c.\- e DbJ NéL~o~ Sc..otr S~-e- kÞtLA \þÆl j,Uft-II:)'f () H (If ElL. 72-7_1, CO~1ttrî Gt . I ±lø~ra¡J: fH~W ." i ¿~~: W' , I ~ 11 /. . ...~ " ,,1~! ! I!! / 11'20 ¡;2,1; Z2" 2J', i ..... i. ,. .. .. -', TIl.202ø 3 _ ,_ I J ,"" "'I"~ 1 : 2 : J I ... 15 6 ~'\ ¡ l . 2...~ k .....I!·~..I 'lR.2ØI ..,., 1lED1I'OOD c:r I '.4 "" , i " r 15 1 14 1.3! 12 I 11 ¡ _ 8 . I ) I 2 ì , I ~ !. Œ: 1'=3= , T f;; 3 i _ Z21231' ::! ~ ~ 2' '" z f~" I _ ~ \..--:-' ~!?~' ", ". n I - Dìiiiiiìí · I ,) ~cr)., '~_'rI~';\.' ::= ~'. -~~~.~ ~ I)~~~' <fo~ 7 , I-- " . I 17 12\ .> .$ ,4- ~,;;,.- ~ -- .,) -~ '~I~ .:: " ... I Z5In ! 5111 II' 12 ~~ Iil...: 11 "' ,., I ~ J ..., I-- '7 ø .,~~ f- '0 . I- .. 'Ill' ~ "11 _.. '" )~ --;- ~;-;; Z2 - I ¡!_ . -.. .!%1 _7;211 e '0 ~¡:i- II ~ --;;- ~ _~ a~ 5 a 1'2 - . I 17 ~~ rr: 14 ) ~ ~ tr- 1--, 1 '4 ~ I'?~\- ~ ..\ 5- ,~~ ~ ' - PMKWA' DR ----; ~. i5 ! '¥' I. I. 1'0 ~ 11 I ~ ~ ,~'~ LJ...:..D ~ . '" 'D' . .. , ._ ~~J~ I"; j:.i" .~~i"~"~.."_n :;~;t n ~"~,~:",;" c l'~ ~UI -;-.. 5 'fJ4 '~~þ~' ~~: ~) 1;V:r¡ ~. ,C&~, II ~~ ~. ,) " "~' oØ5 I ~e · I Z1 2 17 - - ~ 7 '2 = ~ .ArR1 ~ þo 5 ~: ~ ! ;s: i : ;::¡: J_~:.r.:~~~,; 2·12·~!"-~ I ' - U '0 · ~I,:'R' p, JII,"'~ . - ~ · 13 ".. "... _.,,~'" I " 1'111 =~' 7 12 12: to "., 7 r ....:; ~(JP' ~~~~-¡ 7R, 10 I 15 ,z · " u! -~ ;.. ~~~JII1 ,... .,., "! ,. ¡. a ~ IIIIINII CMa _ I 13 . 10 ~- f I ,. I '. ,. .4 ! ~ ~ ,.., . ,) 2;' \.' = /::- .. " ~! ~ "¡:" .;;~ ;'~:;"'::~~.;f:.' "~ .j ~I ' I· ~ .. ~ "I· ~- % _ 1 _ h- _ BlGIn'IIna" _ z ;J~4 -~,. ;Jlzl, ~~~1 \a~ u MI~¡ Ie z;:: ~ I II 1 ~ .,~c~~ ~ ~ r1 a 7 _._ cr _ _ ........r--~"'-----;' : ) .- '4 __ ~ _ _"'-.. ~~......... z ~ ) a. ) · ~ I ~ ".. Ii- _ t. 1=- - ! , ;:- --- '---r.J .... I) ) 6 10 = f- Z5 ~ . 10 n 11 I U 14 7 i., · I 9:1...1. ........- ~. 'of I 5 '2 ~ 5 '2 ~. . I ~ ,. n %1 ~. .1 ¡ ,.. ~ -;- .: ~ft 4,51· ~ I ¡ " II. ~ ~ ~~.: ZJ ~20 ~ IS - Z1 .. ,. - -r;;- . .-nIJU 7 1 10 -rrl ~ j _ _ - ':~---=dK" ~~)) 21' ,.-, _ I ~= "'" ,...... Sf ~! ~I-- ,. e 24 II =37 I I 17 .....'141) 2. __NCIIIIIWIDR' ~ W .i----j: 25 II .. _, 2 ;J . I . ~, .:I ~... .. 7 ' Z, , :\ ~ ' 11 _,- za g 17 0 S ~ J':r:-' ~ - : .m 2 21) ~ 7 ,. Iii -~ .. . U" II 2 14 f- rI II f J5 I), ,;J 12 n ... I--- ) 1,. ,pl'.- - 'JII - 11 I . . I' ),,) S u . I--- za 15 34 BIIIØCIØF cr ". I--- _ I.. I II _ ~ ~ ~ - II ,. -- I uao 5 I " 4 '2 I . ~;u "II II · II ZI f-t;-- uzao I I . , II '! , I 15 i,,, "'/ ~ ~ß~i 2. §j" šr ~ ~ "-3 ~ 2 '. Z2 2 · éÌ--- . 34 u~. ' ! D ~, 'D ~ I : .--, "'" ,- ¡Ollll At'ftT JC) .. I 5 1. 15 #,... 15 i 1. _ ?Þf7 i. I) II I) l " ,) .. · 3 I b2 17 !2 L 17 12 .- -f -J -J ---- , · I 2 11 I ,. I ,. !'I "~.. I h ' ~k' J¡ ZDf . '2D ì ';;' z: """ "'" _ I-..... f.....-°n ;/ T -, ,~o I 21 A,",,, 21 I r > - J I'z " ~ ' ~ .' f. 7 Z2 JJll, ,%z~ 7 :::! ~~ · D · 613A . -;-::, 7. ~ z. ~ti ~ 2' E 5 ~.. ! 5 i: ~~r ¢- Z2 I--~ . 25 ~. 25 a ;¡ 25 I -~: ¡ = ~ ¡I!! -;.- ~::! ) I ZI ~) 21 ~ 3 i za i..t----1. z -n 2 i -n z I r , .. 25 10- f! r-- ) 5 28 ~ ;: r--- 2 II. r1 -- ~ ZII 1Ur 1.4 .. "'-51! x.J "" . , & .! i 2 /, . I , ! ,= 11 ! 12 I - . , a. -.-&.L.... . VI ,.,." , . : 2 I , TR.1C' - i.ðofc --¡:;- I I I - " I 12 <õl!Q 1'::¡* ~·~:ï ,/1' L\t> . ~ ~ ES ~. 'II ,,;~tf:~ ''''þ._ì l '" " V" · !1l1C ..os"" ZII ¡ za ..f- 0: I : ~- ~ tt I ~ ---¡ ,. j ----< "'., 5.134 Ie ... ,.. u.. za ! .- N W~E -I - "'" - '. ' . IS,. 7 I II ..., II '0 ~ II. 20fU-.uQ -..:. BIRDVIlUC ISD 802 _ H.BICBLAND IDWI C1'IT 1~&~.:..~_ -~.;...-----............._._~...., - . - - - - - - ~·~··;¡::·S:-i:;""';;"-· '. --..;_..... - ~_-..-1ù:.~~~..~:" ~',- .-. _.__..-. - ._-... - . ---_..."",. ---..-:-::--.....~--.-.._"'-_.: