HomeMy WebLinkAboutCC 1995-04-24 Agendas
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CITY OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
APRIL 24, 1995 - 6:45 P.M.
For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820.
NUMBER
ITEM
ACTION TAKEN
1. GN 95-57
Resolution Requesting Congressional Assistance
with FCC Regulation of Cable Television Rates-
Resolution No. 95-23 (Agenda Item No.8)
(5 Minutes)
,; . .
2. GN 95-58
Resolution Concerning Right-of-Way for Loop
820 Widening Project - Resolution No. 95-24
(Agenda Item No.9) (5 Minutes)
3. PW 95-20
H
Award of Bid for Industrial Park Blvd. @
Browning Drive Paving, Drainage and
Signalization Improvements (Agenda Item
No. 12) (5 Minutes)
4.
Other Items
5.
*Executive Session (20 Minutes) - The Council
may enter into closed executive session to
discuss the following:
:
A. Consultation with attorney under Gov. Code
§551.071 :
Consider Watauga vs. NRH
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Page 2
NUMBER ITEM ACTION TAKEN
6. 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.
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
APRIL 24,1995
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
April 10, 1995
5. Presentations by Boards &
Commissions
Page 2
NUMBER ITEM ACTION TAKEN
6. Removal of Item(s) from the Consent
Agenda
7. Consent Agenda Item(s) indicated by
Asterisk (8, 9,10,11,12, & 13)
*8. GN 95-57 Resolution Requesting
Congressional Assistance with FCC
Regulation of Cable Television Rates
- Resolution No. 95-23
*9. GN 95-58 Resolution Concerning Right-of-Way
for Loop 820 Widening Project -
Resolution No. 95-24
*10. PU 95-31 Award Bid for Topsoil for the
Bedford-Eules Road Landscaping
Project
*11. PW 95-19 Approve Proposal from Loughry
Appraisal Company, Inc. for
Enhancement Study on Green Valley
Drive Sanitary Sewer Improvements
*12. PW 95-20 Award of Bid for Industrial Park Blvd.
@ Browning Drive Paving, Drainage
and Signalization Improvements
*13. PW 95-21 Approve City-Developer Agreement
Concerning Hightower Drive Paving
Participation, Eden Addition, Third
Filina
Page 3
NUMBER ITEM ACTION TAKEN
14. Citizens Presentation
15. Adjournment
POSTED
4· J--I- q -5
Date
,/ 6 5 á..J.!1 ,.___._ _.._.._..
Time
City SecretaPj
By C'? ~.__.__._--
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 - APRIL 10, 1995 - 7:30 P.M.
1.
CALL TO ORDER
Mayor Pro Tem Wood called the meeting to order April 1 0, 1995 at 7:30 p.m.
ROLL CALL
Present:
Mark Wood
Lyle E. Welch
Mack Garvin
Jo Ann Johnson
Ray Oujesky
Byron Sibbet
Linda Spurlock
Mayor Pro T em
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilwoman
Staff:
C.A. Sanford
Randy Shiflet
Larry Cunningham
Jeanette Rewis
Rex McEntire
Greg Dickens
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Attorney
City Engineer
Absent:
Tommy Brown
Mayor
2.
INVOCATION
Councilman Sibbet gave the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
MINUTES OF THE REGULAR MEETING MARCH 27, 1995
APPROVED
Councilman Sibbet moved, seconded by Councilman Oujesky, to approve the minutes
of the March 27,1995 meeting.
April 10, 1995
Page 2
Motion carried 6-0.
5.
PRESENTATIONS BY BOARDS & COMMISSIONS
BEAUTIFICATION COMMISSION MINUTES
No action necessary.
6.
PRESENTATION OF PROCLAMATIONS
1. NATIONAL ORGAN AND TISSUE DONOR AWARENESS WEEK
Ms. Naomi Reagan accepted the proclamation.
2. APPRECIATION TO CITICABLE
Postponed.
3. NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
Mayor Pro Tem Wood presented the proclamation to Ms. Debbie Eskew, Supervisor of
Dispatch.
Mayor Pro Tem Wood presented Ms. Sherry Decker with a plaque recognizing her as
Telecommunictor of the Year.
7.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilman Oujesky removed Items No. 15 and 16 and Councilwoman Johnson
removed Items NO.9 and 13 from the Consent Agenda.
8.
CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK
(10,14, 17,18, 18~ 19,20,21)
APPROVED
Councilman Sibbet moved, seconded by Councilman Oujesky, to approve the Consent
Agenda.
Motion carried 6-0.
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April 1 0, 1995
Page 3
9.
PZ 95-05 - REQUEST OF GLEN GOOD TO REZONE TRACT A,
BLOCK 25, HOLIDAY NORTH ADDITION, FROM R-7-MF
MULTI-FAMILY RESIDENTIAL TO A PLANNED DEVELOPMENT FOR
AN ASSISTED LIVING CENTER (LOCATED IN·THE 7800 BLOCK
OF NORTH RICH LAND BOULEVARD) - ORDINANCE NO. 2043
(POSTPONED AT THE MARCH 27, 1995 COUNCIL MEETING)
POSTPONED
Councilwoman Johnson moved, seconded by Councilman Oujesky, to postpone
Ordinance No. 2043 for 60 days.
Motion carried 6-0.
*10.
GN 95-49 - REVISED POLICIES FOR MUNICIPAL CABLE TELEVISION
APPROVED
11.
GN95-50 - CONSIDERATION OF ACTION ON ALL MATTERS
PERTAINING TO THE AWARD AND SALE OF $6,000,000 IN
GENERAL OBLIGATION BONDS -
ORDINANCE NO. 2046
APPROVED
Councilman Sibbet moved, seconded by Councilman Oujesky, to approve GN 95-50,
award of bid to Raymond James & Associates at interest rate of 5.660361 percent.
Motion carried 6-0.
12.
GN 95-51 CONSIDERATION OF ACTION ON ALL MATTERS PERTAINING
TO THE AWARD AND SALE OF $2,000,000 IN SALES TAX REVENUE
BONDS FOR PARK AND RECREATION PURPOSES -
RESOLUTION NO. 95-19
APPROVED
Councilman Sibbet moved, seconded by Councilman Welch, to approve GN 95-51,
award of bid to NationsBanc Capital Markets at interest rate of 5.698192 percent.
Motion carried 6-0.
April 1 0, 1995
Page 4
13.
GN 95-52 - REPEALING ORDINANCE NO. 794, REGULATING
THE DISCHARGE OF FIREARMS -
ORDINANCE NO. 2045
APPROVED
Councilwoman Johnson moved to deny Ordinance No. 2045.
Motion died for lack of a second.
Councilman Oujesky moved, seconded by Councilman Sibbet, to approve Ordinance
No. 2045.
Motion carried 5-1; Councilmen Welch, Garvin, Oujesky and Sibbet and Councilwoman
Spurlock voting for and Councilwoman Johnson voting against.
*14.
GN 95-53 - AUTHORIZED INVESTMENT OFFICERS
RESOLUTION NO. 95-21
APPROVED
15.
GN 95-54 - RATIFICATION OF ACTION TAKEN IN EXECUTIVE
SESSION MARCH 27, 1995 ON SEYMOUR VS. NRH -
RESOLUTION NO. 95-22
APPROVED
Councilman Oujesky moved, seconded by Councilwoman Johnson, to approve
GN 95-54 and Resolution No. 95-22.
Motion carried 6-0.
16.
GN 95-55 - TEEN COURT COORDINATOR - CLERICAL SUPERVISOR
APPROVED
The following Teen Court Board Members appeared before the Council in opposition to
the part time Teen Court Coordinator and in support of a full time Coordinator:
Bruce Jacobson, Jr. - 7213 Post Oak Drive
April 10, 1995
Page 5
Tami Pultz - 3833 Diamond Loch East
Lynne Simpson - 7333 Plumwood Drive
Councilman Oujesky moved, seconded by Councilwoman Johnson, to postpone
GN 95-55.
After discussion, Councilman Oujesky withdrew his motion, Councilwoman Johnson
withdrew her second.
Councilman Oujesky moved, seconded by Councilwoman Johnson, to approve
GN 95-55.
Council advised adequate time would be given to Teen Court.
Staff was instructed to do a study on Teen Court and the position will be readdressed at
Budget work session.
Motion carried 6-0.
*17.
PU 95-28 - AWARD BID FOR LIBRARY LIGHTING MODIFICATIONS
APPROVED
*18.
PU 95-29 - AWARD BID FOR TRACTOR/BACKHOE
APPROVED
*18a.
PU 95-30 PROFESSIONAL SERVICES CONTRACT FOR
CONSTRUCTION MATERIALS ENGINEERING AND
TESTING FOR CITY HALL PROJECT
APPROVED
*19.
PW 95-16 - AWARD OF ENGINEERING SERVICES FOR HOLIDAY
HEIGHTS ELEMENTARY SCHOOL TRAFFIC SAFETY IMPROVEMENTS
APPROVED
April 1 0, 1995
Page 6
*20.
PW 95-17 - APPROVE STATE OF TEXAS STANDARD UTILITY
AGREEMENT FOR INTERSTATE HIGHWAY 820 INTERCHANGE
PROJECT, PHASE II - RESOLUTION NO. 95-20
APPROVED
*21.
PW 95-18 - AWARD OF BID FOR RESTORATION OF OLD
UTILITY SHOP BUILDING
APPROVED
22.
CITIZENS PRESENTATION
None.
23.
ADJOURNMENT
Mayor Pro Tem Wood adjourned the meeting.
Mark Wood - Mayor Pro Tem
ATTEST:
Jeanette Rewis - City Secretary
CITY OF
NORTH RICHLAND HILLS
"_/
Department:
Economic Development
Resolution Requesting Congressional Assistance
With FCC Regulation of Cable Television Rates
Resolution No. 95-23
Council Meeting Date:
4/24/95
Subject:
Agenda Number:
GN 95-57
The City of North Richland Hills is one of nine Tarrant County municipalities participating in a cable rate
regulation "coalition". You will recall that we teamed up with these communities in the past two years to
share (and thus reduce) the costs of rate regulation, since they also have franchise agreements with
Sammons Communications, Inc.
Coalition members recently met and shared their frustrations with the rate regulation process. For
instance, the Cable Television Consumer Protection and Competition Act of 1992 established extremely
complex rules for municipalities which wish to regulate rates.
Even Cities as large as Fort Worth are unable to adequately administer the rate regulation process without
the help of outside (and expensive) expertise. In the first round of rate reviews, our nine Cities discovered
we had to hire a consulting firm with cable system accounting experience if we wanted to adequately
examine Sammons' rates. .
Moreover, the Federal Communications Commission has been less than fair with Cities which sought to
"egulate basic tier cable rates. We have found that the FCC has not provided relevant and important
'-'information to franchise authorities which are certified under the Ad, but appears to regularly communicate
with cable system operators.
The FCC, for example, recently held a public hearing to consider changing the rate regulation rules-but
did not notify the certified municipalities. Yet, we discovered that the FCC has made rules changes in
private letters to individual cable operators. Perhaps this is why some of the recent changes have allowed
operators to increase rates or have more time to complete required reports to the franchise authorities.
By the way, Sammons officials have yet to acknowledge our consultant's findings that basic tier rates
should be lowered and refunds issued-and have, instead, since raised rates two times as allowed by new
FCC rules. On several occasions, they have denied Coalition members' requests for information.
Therefore, the Coalition unanimously agreed that a resolution should be prepared and forwarded to our
Congressional delegation raising these concerns. Such a resolution has been prepared and is attached
for your consideration.
RECOMMENDATION
It is recommended that the City Council adopt Resolution 95-23.
Finance Review
Source of Funds: Acct. Number
\-..- Bonds (GO/Rev.) Sufficient Funds Available
o erating d et ~
partme: Head Signature ðq r ~(.
CITY COUNCIL ACTION ITEM
Page 1 of
FIIl8llc:e Director
RESOLUTION NO. 95-23
A RESOLUTION REQUESTING CONGRESSIONAL REPRESENTATIVES
TO ASSIST CITIES IN THEIR EFFORTS TO OBTAIN INFORMATION AND
FAIRNESS FROM THE FCC IN THE REGULATION OF CABLE TELEVISION
RATES UNDER THE CABLE TELEVISION CONSUMER PROTECTION
AND COMPETITION ACT OF 1992.
WHEREAS, Congress, by adopting the Cable Television Consumer Protection
and Competition Act of 1992, and the FCC, through its regulations, have placed the
responsibility for regulating basic cable rates on local franchising authorities subject to
rules of extreme complexity; and .
WHEREAS, even larger cities are unable to adequately administer the rate
regulation process without the assistance of expensive outside expertise; and
WHEREAS, the FCC has not provided relevant and important information to
franchising authorities which have become certified under the Act, but readily
communicates with the cable operators; and
WHEREAS, the FCC continually changes the rules without notifying certified
franchising authorities of either its consideration of changes or the fact that changes
have been made (Case in point: Ninth Order on Reconsideration. No notice of
hearings on, or issuance of, this order was provided to franchising authorities.); and
WHEREAS, changes in rules are sometimes made in private letters to
individual cable operators (Case in point: Letter dated February 28, 1995, to Eric
Breisach, extending by 30 days the deadline for all cable operators to file Form 1205.);
and
WHEREAS, for the most part the changes the FCC makes to the rules are
favorable to the cable operators, relieving them of responsibilities, allowing them to
increase rates, or extending them more time; and
WHEREAS, Sammons Communications, Inc. has ignored the process
established by the rules, refused to acknowledge that nine cities in it system in Tarrant
County have formed a consortium to cooperate in rate regulation, ignored requests for
information from these cities, ignored the findings of cities that rates should be lowered,
and refunds should be issued, but has to the contrary raised its rates on two occasions;
and
WHEREAS, the FCC has refused to order Sammons Communications, Inc.
to make refunds after determining that its rates for its expanded tier were too high; and
WHEREAS, this intolerable situation has created frustration among city council
members and widespread cynicism among citizens as to the intent of both Congress
and the FCC and as to the power and influence of the cable operators; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS:
SECTION 1. The city council requests that the Congressional
representatives from this area investigate the current situation with cable rate
regulation and work to assure that:
(a) certified cities are notified of rules changes and hearings on rules
changes;
(b) rules changes are made in a public manner rather in private letters;
(c) cable operators are required to demonstrate that they are entitled to a
claimed exemption, waiver, or classification that allows them to increase
rates without following rate increase procedures; and
(d) the FCC provides information and assistance to franchising authorities.
SECTION 2. The Mayor shall forward a copy of this resolution with a
personal letter to all of the area Congressional representatives.
SECTION 3. This resolution shall take effect from and after its passage,
and it is so resolved.
Mayor
ATTEST:
CITY OF
NORTH RICHLAND HILLS
Department: Economic Development
Resolution Concerning Right-of-way
Fnr I n(')p 820 Widening Project
Resolution No. 95-24
The North Central Texas Council of Governments (NCTCOG) Director of Transportation has approved
an administrative amendment to the 1995 Transportation Improvement Program (TIP) authorizing the
State to complete preliminary engineering of the future LH. 820 widening project. This Texas
Department of Transportation (TXDOT) project will widen the Loop to 10 lanes from LH. 35W to S.H.
26 (Grapevine Highway).
Council Meeting Date:
4/24/95
Subject:
Agenda Number:
GN 94 58
This recent action will help expedite Federal Highway Administration (FHWA) review of the project's
geometrics and environmental impact-both of which are necessary for us to proceed on the design
and construction of the Rufe Snow and Meadow Lakes bridges over the Loop.
Over the coming 'Neeks, the consulting engineers assisting TXDOT will complete the project's design
and designate where to place the Loop improvements. This second decision is most crucial to the
City, since it will affect where right-of-way is to be taken at the Loop's intersection with Rufe Snow
Drive and determine the extent of new development on the south'Nest comer of the intersection.
When TXDOT officials first provided us a glimpse of the project in June 1993, they planned to take 25
feet of right-of-way on the north side of the Loop-from the Rufe Snow/820 Value Center. TXDOT has
since expanded the project to include high occupancy vehicle (HOV) lanes-which means 25 additional
feet of space-and have considered taking all 50 feet of right-of-way from what is presently
undeveloped property on the south side.
I have prepared the attached resolution for your consideration recommending that TXDOT explore
placement of the future Loop 820 project in the present footprint. This would allow for a fair and
equitable, "50/50 split" of the necessary right-of-way from both the north and south sides.
RECOMMENDATION
It is recommended that the City Council adopt Resolution 95-24
Finance Review
Acct. Number
Sufficient Funds Available
n ead Signature
C"YCOUNC~ACnON"EM
FlnMce Dlrec:lor
~
Page 1 of
RESOLUTION NO. 95-24
WHEREAS, the Director of Transportation at the North Central Texas Council of
Governments has signed an administrative amendment to the 1995 Transportation
Improvement Program (TIP) authorizing the Texas Department of Transportation
(TXDOT) to complete preliminary engineering of the future I.H. 820 widening project
(from I.H. 35W to S.H. 26); and
WHEREAS, this action will expedite Federal Highway Administration (FHWA)
review of the project, which is necessary for TXDOT and the City of North Richland
Hills to proceed on the design and construction of the Rufe Snow and Meadow Lakes
bridges over Loop 820; and
WHEREAS, over the coming weeks, TXDOT's consulting engineers will
complete the Loop 820 project's design and decide where to take related right-of-way.
Since TXDOT officials anticipate needing 50 feet of new right-of-way, these decisions
will impact the extent of new development slated for the southwest corner of the Loop
820/Rufe Snow Drive intersection.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICH LAND HILLS, TEXAS that:
1.
The City supports the action taken by the North Central Texas Council of
Governments to expedite the design of the I.H. 820 project and expresses its
appreciation to NCTCOG and the Texas Department of Transportation for working
together on behalf of North Richland Hills and all of Northeast Tarrant County.
2.
The City wishes to express support for placing this future project within the
present Loop 820 footprint, allowing for an equitable, SO/50 taking of right-of-way from
both the north and south sides.
PASSED AND APPROVED this 24th day of April, 1995.
APPROVED:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
CITY OF
NORTH RICHLAND HILLS
''L:Iepartment: Finance / Park and Recreation
Council Meeting Date: 4/24/95
Subject:
Award Bid for Topsoil for the Bedford-E=uless Road
Landscaping Project
Agenda Number: PU 95-31
The 1994/95 Park and Recreation Facilities Development CIP includes funds for the
Bedford-Euless Road Landscaping Project. The masonry wall has been completed and
seventy-eight trees, funded though a Forest Service Grant, have been planted.
Formal bids were solicited for the needed topsoil to create the berms for this project.
The results are outlined below.
HJG Trucking Company
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Taylor Brothers Truck & Tractor
Dickie Carr Paving
$7,523
$8,500
$9,648
Select Sand & Gravel
HJG Trucking, the low bidder, met the specifications and requirements of the bid.
Staff will proceed with the bids for the irrigation and the trail construction for this project
and bring these items to Council for award.
Recommendation: It is recommended City Council award the bid for Topsoil for the
Bedford-Euless Road Landscaping Project to HJG Trucking in the amount of $6,375.
Finance Review
Source of Funds: Acct. Number 09-92-20-6000
Bonds (GO/Rev.) Sufficient Funds Available
.îperating Budget - nA ^~. .~~
7Aher - 'F---:-- - en.nceD"'ClOt
~;y-~~ lZ;~:d:~j¿' /
V Department Head S¥atu,e Ci _ anage' _ m - -
CITY COUNCIL ACTION "EM
Page 1 of
CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 4/24/95
Approve t-'roposal from Loughry Appraisal company, Inc.
Subject: for Enhancement Study on Green Valley Drive Sanitary Agenda Number: PW 95-19
Sewer Improvements
There are eight (8) properties along Green Valley Drive that will be provided new sanitary sewer
service as part of this project. An enhancement study is required before any sanitary sewer
assessment can be levied against these properties.
Loughry Appraisal Company, Inc. appraised the Green Valley Drive right-of-way parcels and is
conducting the enhancement study for the street improvements. The proposed fee of $4,800
includes $400 for each of the eight (8) properties or $3,200. The remaining $1,600 is for
appraisals of 3 properties from which right-of-way wasn't required but must be appraised before
they are studied for enhancement.
Funding Source:
Funds may be appropriated from Unspecified Utility Fund Balance (current funds available
$697,605).
"'--
From: Unspecified Utility Fund Balance
To: Green Valley Drive Utility Adjustments
(02-95-01-6000)
Recommendation:
Staff recommends Council approve the proposal from Loughry Appraisal Company, Inc. in the
amount of $4,800 for the Green Valley Drive Sanitary Sewer Enhancement Study and the transfer
of $4,800 as indicated above.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
o e
Acct. Number
Sufficient Funds Available
, ~fÚf~[JbiCfØ-¿Ohdo
ture ity Manager
CITY COUNCIL ACTION "EM
Page 1 of
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Loughry Appraisal Com.pany, Inc.
Real Estate Appraisers. Consultants
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(817) 33;¡·S522· "'AX (8~7) :¡35'~62'
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April 11, 1995
?vir. Mark Bradley
R-O-W Agent
City of North Rkhland Hills
P.O. Box 820609
North Rlchland Hills, Texas 76182
RE: Sewer Enhancement Study for 8 separate parcels situated along Green
Valley Ð!ivel City of North RÏchJaJld Hills, Tarrant Co~r..ty, Tt'~~as.
Dear Mr. Bradley:
We appreciate the opportunity to prepare an enhancement study on the above referenced
property. It is our l.lnderstanding that tf-¡e objective of the enhancement study will be to estimate
if each property will be enhanced or not if sanitary sewer is extended to each property.
Our fees are based on the amount of time spent on the assignment as well as its complexity. In
tlùs instance, our fe~ will be $4,800. This tee is inclusive of...prepar1ng an appraisal to d~termine
the whole property vêtlllè of the two parcels owned ÍJY Mr. Tommy Wright (5500 each) and thè
one parcel owned by Ñf..r. BarHe1d (5600). It is alšo ÍI1c.lusive óf S40b ~-o~ each of the eight
parcels to complete the eTÙ1ancemcnt study,
If complete re¡x>rt5 æ-e requiIed on the two DToper::ies owned by Mr. Tommy Wright and/or Mr.
Bariie.1d's parcel) the fee structme will be similar to those alreáåy prepared on previous reports.
This pro20sal is predicated on ~1=. C.A. Sa::forå's authorization. We expect completion of three
copies of the enhancement study to be deüvered withlr. 45 days of your ai.lthorizatio:1 illldior
receipt of data needed to proceed with the assignment.
If this propqsa.J meets Mr C.A. Sanford's approval, please have him sign the at'...ached
acceptance of this letter and return it to us.
It is expressly understood and ar;e.ed to that neither the fee '"I,or the acceptance of this proposal
is contingent upon the amount 0. value estir.1ated or the results of the report; L1at the report will
be -prepaTed in conformity vrith and will be subje~t to the professional and et'1ica: rl:.qt.:lTementS
of the Appraisal Institute.
If you have any questions or comments, please give us a ca.l1.
~1~ ~~
Marty Johnson I
Statl,: Certifi\IÙ Gen.r.>.1 Rðal E.s~te Appraiser
APPROVED TO AND AGREED TO AS TO FORM AND CONTENT:
Signature
Date
CITY OF
NORTH RICHLAND HILLS
",,-
Department: Public Works Council Meeting Date:
Award of Bid for Industrial Park Blvd. @ Browning Drive
Subject: Paving, Drainage, and Signali7ation Improvements Agenda Number:
4/24/95
PW 95-20
Bids were received from this project on April 1 0, 1995 and the low bidders are as shown below.
Bidder
Walt Williams Const.
J.L. Bertram Const.
APAC-Texas, Inc.
Amount
$293,256.90
$298,907.82
$301,498.72
Calendar Day Bid Time
200
150
175
Preliminary Construction Schedule:
Award of Contract
Preconstruction Conference
Begin Drainage Construction & Utility Adjustments
Begin Paving Construction
Begin Signalization Construction
(delivery time on signal poles 16-20 weeks)
End of Construction
4/24/95
5/05/95
5/15/95
7/03/95
9/04/95
11/30/95
The original budget for this project was set at $130,000 in GN 94-129 on October 10,1994.
"'- Additional funds will need to be appropriated. The additional cost can be attributed to several
items.
1. In order to maintain traffic flow, the intersection will have tò be poured a quarter at a time.
2. Rock excavation instead of normal dirt excavation.
3. Small project size.
Funding Source:
Engineering
Construction:
Paving
Drainage
Total
Budget
(GN 94-129)
$ 20,000
Additional
Revised Budget Funding ReQuired
$ 20,000
$ 0
110,000
o
$j~O.OOO
248,950
44.350
$313.300
138,950
44.350
~183.300
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
.~.. 0
Acct. Number
Sufficient Funds Available
INlllce Director
Page 1 of
'-
The additional funding could be appropriated from Unspecified Street Fund Balance (currently
over $607,000) and Unspecified Drainage Fund Balance (currently $138,747).
From: General CIP Fund (13):
Unspecified Street Fund Balance
Unspecified Drainage Fund Balance
$138,950
$ 44,350
To: Industrial Park Blvd. @ Browning Drive
Paving, Drainage, and Signal Improvements
(20-24-01-6000)
$183,300
Recommendation:
Staff recommends Council award the bid to Walt Williams Construction, Inc. in the amount of
$293,256.90 for a period of 200 calendar days and authorize the transfer of funds as indicated
above.
'-..
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Browning ~t Inauatrief - Paving, Drainage and Signalization Improvements
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·
CONSUL TING ENGINEERS / Fort Worth·Dallas
April 16, 1995
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: 3-374, CITY OF NORTH RICHLAND HILLS
INDUSTRIAL A T BROWNING DRIVE
PAVING, DRAINAGE, AND SIGNALIZATION IMPROVEMENTS
BID TABULA TlON AND RECOMMENDA TION OF A WARD
Bids were received on April 10, 1995, for the referenced project. This project includes the
following proposed improvements at the Industrial Drive and Browning intersection:
1. Reconstruct the intersection as required to flatten out the dips (valley gutters) across
Industrial and improve the riding surfaces along both intersecting streets. This is
accomplished by reconstructing the intersection with concrete paving and providing
asphalt transition approaches to the intersection from all four directions along both
Industrial and Browning Drives.
2. Construct underground storm drainage as required to intercept the surface storm water
runoff which is currently carried across the intersection by the valley gutters. The
underground storm water will be discharged into an existing downstream storm drain
system west of the intersection into the railroad right-of-way.
3. Construct a fully actuated traffic signalization installation at the Industrial and
Browning intersection, including opticom system, pedestrian crossing facilities,
pavement striping and traffic control markings. The contractor will be required to
furnish all signalization equipment except the traffic controller and conflict monitor
devices. All traffic control equipment will be installed by the contractor.
Three (3) general contractors submitted bids as presented on the attached detailed tabulation.
The following is a summary of the bids:
NO. BIDDER PAVING DRAINAGE SIGNALlZ. TOTAL BID DAYS
1. Walt Williams $178,599.70 $44,321.00 $70,336.20 $293,256.90 200
2. J.l. Bertram 162,283.49 66,937.50 69,686.83 298,907.82 150
3. APAC-Tex8s 163,156.72 63,984.00 74,358.00 301,498.72 175
1901 CENTRAL DR" SUITE 550. BEDFORD, TEXAS 76021 .817/283-6211 . METRO 817/267-3367. FAX 817/354-4389
April 16, 1995
Industrial at Browning Paving, Drainage and Signalization Improvements
Tabulation of Bids and Recommendation of Contract A ward
We are familiar with previous work on similar projects by the low bidder, Walt Williams
Construction, Inc., and we have no objection to this contractor. The signalization sub-
contractor, which Walt Williams plans to use, is Integrated Roadway Systems. This
contractor constructed the traffic signalization improvements at Watauga Road and Tecnol
Drive. We understand that the City has had some problems in the past with Integrated
regarding quality of equipment furnished and workmanship. The specifications have been
modified to provide better City control of equipment, and a representative of the general
contractor, Walt Williams, has assured us that he will see that his sub-contractor's
workmanship meets the City's high standards.
All three bids are significantly higher than the amount originally budgeted for this project.
The following is a list of some reasons which may help explain why the bids were so high:
1. In order to maintain traffic through the intersection at all times during construction,
the contractor will have to construct the concrete pavement in four sections, or
quarters. This results in increased construction and traffic control costs which were
higher than we estimated.
2. The subgrade consists of rock material which is more expensive to excavate than
normal subsurface material. The excavation costs were much higher than estimated.
We were aware of the rocky conditions in this area because of the recent County
construction of Industrial Park Blvd., however, we did not have a reliable estimate of
private contractor site-specific rock excavation unit prices since the County provided
the labor on the Industrial Park Blvd. project without cost to the City.
3. The smaller quantities of material results in generally higher unit prices on all items
of construction. We compared the unit prices of the low bidder, Walt Williams, to
the unit prices of the Strummer Drive project, which is currently under construction
by J.L. Bertram; and using the Strummer prices, the paving costs would be about
$78,000 lower than the Walt Williams total paving amount bid. However, J.L.
Bertram also bid on this project, and their paving prices were about $62,000 higher
for the Industrial and Browning project than their Strummer prices.
4. The budget, which was originally established for this project from the 5-year CIP
funds, included the first year's allocation of Miscellaneous Paving and Signalization
monies, but we understand, does not include any drainage funds. We had expected
that the paving funds would be sufficient to cover the cost of the minor underground
drainage improvements proposed, however, the drainage construction costs were also
much higher than estimated. This is probably due to the small quantity of materials
specified and storm drain trenching in rock.
5. Due to the large number of traffic signalization and lighting projects currently
underway throughout the area, delays in fabrication of the signal poles could be as
April 16, 1995
Industrial at Browning Paving, Drainage and Signalization Improvements
Tabulation of Bids and Recommendation of Contract A ward
long as 16 to 20 weeks. The increase in demand along with the supply deficiency
probably accounts for somewhat higher equipment costs. The equipment fabrication
delays also result in higher costs to the general contractor since his resources are tied
up longer to administer the project.
6. There is a lot of construction work going on at this time, and there were very few
paving contractors interested in bidding on this project. We normally receive eight or
more contractors on all North Richland Hills paving projects, however, we only
received three on this project. The lack of competition also probably accounts for
higher unit prices. We personally called about fifteen contractors requesting that they
bid on this project, and most of them had their resources committed to other projects
at this time.
Even though the bid prices are high for this project, we do not feel that significant savings
could be obtained by re-bidding the project, or by adding this work onto another contract,
such as the Strummer Drive project, by change order. The low bidder, Walt Williams, has
indicated that he will probably not submit another proposal for this project if it is re-bid at
another time.
Unless instructed to re-bid this project, or negotiate a change order to another contract; 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 Walt Williams
Construction, P.O. Box 4620, Fort Worth, Texas, 76164, in the amount of $293,256.90,
for a period of 200 Calendar Days.
We will be present at the April 24, 1995, Meeting for Council consideration of award 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.
_~,ÛLt~,
RICHARD W. ALBIN, P.E.
RW A/ra/Enclosures/Bids.374/
cc: Mr. C.A. Sanford, City Manager
Mr. Randy Shiflet, Assistant City Manager
Mr. Larry Cunningham, Assistant City Manager
Mr. Mike Curtis, P.E., Capital Projects Coordinator
Mr. Jimmy Cates, Public Works Superintendent/Streets
CITY OF
NORTH RICHLAND HILLS
Subject:
Public Works Council Meeting Date: 4/24/95
Approve City-Developer Agreement Concerning
Hightower Drive Paving Participation, Agenda Number: PW 95-21
Eden Addition, Third Filing
'--
Department:
The developer, Rebel Properties, L.L.C., has requested the City participate in the cost of the
extra width of Hightower Drive pavement greater than one-half of a 37 -foot street. This is in
accordance with the City's current policy per our Subdivision Ordinance No. 1982, Section 345.
The estimate of City participation based on Conatser Construction, Inc. bid prices seems
reasonable at $16,733.25. It includes $8,731.00 of cost for overlaying the existing north side of
Hightower Drive adjacent to this section. This will help extend the life of the north half of
Hightower Drive.
Funding Source:
Sufficient funds are available in Unspecified Street Fund Balance at this time and may be
appropriated as follows:
From: Unspecified Street Fund Balance
$16,740
$16,740
',--
To: Eden Addition, Third Filing -
City Participation
(13-23-21-6000)
Recommendation:
It is recommended the Council approve the City-Developer Agreement with Rebel Properties,
L.L.C., concerning Hightower Drive Paving Improvements, which calls for City cost participation of
$16,733.25 in the paving improvements upon their completion and acceptance, and authorize the
Mayor to sign the City-Developer Agreement in it's behalf.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget _
o
Acct. Number
Sufficient Funds Available
~
Signature
CITYCOUNC~ACnON"EM
n...ce Dneler
Page 1 of
CITY-DEVELOPER AGREEMENT
State of Texas
KNOW ALL MEN BY THESE PRESENTS
County of Tarrant
WHEREAS, Rebel Properties, L.L.C., hereinafter referred to as "Developer" and the
City of North Richland Hills, Texas, a municipal corporation operating under a Home Rule
Charter, hereinafter referred to as "City", desire to enter into a contract for pavement
improvements along a segment of Hightower Drive.
In consideration of the mutual covenants herein contained and for the purpose of
providing pavement improvements for Hightower Drive as indicated in the construction plans
titled "EDEN ADDITION, THIRD FILING" the Developer and the City hereto agree:
1. The Developer will pay to the City all necessary processing fees and will furnish all
necessary permits, easements, and right-of-way as required from the construction of
the above referenced facilities. In addition, the Developer has delivered construction
plans, and will deliver all other necessary contract documents prepared by a
registered professional engineer, and will also furnish construction surveying, cut
sheets and field adjustments.
2. The Developer will enter into a contract with the Contractor who will perform the work
and who will be paid by the Developer as specified in the construction contract
documents. Monthly pay estimates concerning Hightower Drive shall be subject to the
City's review.
3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure
that the construction is in accordance with the project specifications and the City
standards.
4. The Developer understands and agrees that he has no authority to cancel, alter or
amend the terms of the construction contract with reference to Hightower Drive
without specific written authority of the City, and that he shall be responsible for
paying the costs of any cancellations, additions, alterations, or amendments to the
contract unless specifically provided otherwise by written authorization from the City.
5. The Contractor will provide to the City on City forms a maintenance bond in the
amount of twenty (20%) percent of the contract price less the City's participation
portion of the costs.
6. The City agrees to participate in the cost of the facilities after construction is complete
and accepted. The description and amount of participation is as follows:
1
eden,agr
In accordance with Section 345 of Ordinance No. 1982, Subdivision Regulations, the
City will reimburse the Developer the eligible amount for street improvements on
Hightower Drive greater than 36 feet from face-of-curb to face-of-curb. The City
shall only reimburse the Developer the amount agreed upon below, after the
construction of the improvements is complete and accepted by the City.
ITEM DEVELOPER COST CITY PARTICIPATION
Subgrade $ 2,885.50 $ 1,749.25
Asphalt Paving 8,848.00 6,253.00
Overlay Existing Asphalt 0.00 8,731.00
Curb & Gutter 2,677.50 0.00
Miscellaneous 4,081.00 0.00
TOTAL $18,492.00 $16,733.25
TOTAL REIMBURSEMENT $16,733.25
7. The City will inspect the work as required and upon satisfactory completion of the
work, the City will accept ownership and maintenance of the street subject to the
terms of the maintenance bond.
8. The Developer further covenants and agrees to, and by these presents does hereby,
fully indemnify, hold harmless and defend the City, its officers, agents, and employees
from all suits, actions, or claims of any character, whether real or asserted, brought for
or on account of any injuries or damages sustained by any persons (including death),
or to any property, resulting from or in connection with the construction, design,
performance, or completion or any work to be performed by said Developer, his
contractors, subcontractors, officers, agents, or employees, or in consequence of any
failure to properly safeguard the work, or on account of any act, intentional or
otherwise, neglect or misconduct of said Developer, his contractor, subcontractors,
officer, agents, or employees, whether or not such injuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of North Richland
Hills, its officers, agents, servants, employees, contractors, or subcontractors.
9. Upon completion of the work, good and sufficient title to all facilities constructed
warranted free of any liens or encumbrances is hereby vested in the City of North
Richland Hills.
10. Special provisions: None
2
eden.agr
Executed this the / 1 ~ day of ~
,1995.
BY:~~ /~-< ~
ark A. Howe, Vice President
Rebel Properties, L. L. C.
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on /J ~ / 9 1995, by Mark A.
Howe, Vice President, on behalf of Rebel Properties, L.~C.
'D'~~ORAH ~'. RODEN . ~
Notary Public. State of Texas
My Comm. Exp. 3.1-97
æ~é~< ~
Notary Public, State of Texas
Commission Expires:
5//)07
Notary's Printed Name:
V-èhorc-...Á-- L. Ko£-en..
CITY OF NORTH RICHLAND HILLS:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
3
eden.agr
WRSHINGTON & ASSOC INC TEL:817-485-4106 Mar 23,95 13:28 No.008 P.Oß
_Mar-~~-95 04:56P ConatSQr Construction Inc 817 534 4556 P.Ol
CONATSER CONSTRUCTION. Inc.
5327 Wichita Street . P.O. Box 15804 . Fort Worth. TexBs 76119
TOI ~1C~.y Fluitt
~'MIN.TON & ASSOCIATES, IHC.
500 .replYt"" HI,"we...
1u1 c. ns
T.... 76054
...,.. 2'1. 1995
~L FOR
",.ter, þ\t.C."y .....r .... itonn Dulne,e
¡~t. to '.rvt
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UOMII Dr.;ne;e I..~t.
Pavlr:, CONtructforl . AlhOf'tll IIId Matt Drive
P....,"" 'q¡ro"..,.t. . Hflhtowr
24.000.00
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12.066.00
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»,115.15
............
TOT~ I'ttOP08AL
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Respectfullv .UÞt1tted by
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WASH It~ GTiJN ~ ASSOC I NC TEL: 81 7-~~~ ~41.0§__
Mar 23,95 13:28 No.008 P.02
...,.... ......, ;,J';:þ"'fo ":)::)Q P.03
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WAIHINQTON & AS&ocIA1IS, INC.
100 a~-,.vine Kfrhw.y
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e~ 'I01T10I . THIRD 'ILI~Q
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~It
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···~······~·····~··__···_-.._·~_.......4.._._.._._...._._....~.._...._.__.~..............._.___.......
$'OIIM ÐllA.tllAll I~..TS
, 98 ~f .ock tlp·..p D.oo U,.JO.OO
I ,"" LP 5' , ¡cae 111.- euriM 16.00 ",..00
J 12Ø LF A' rtLlllt wI'- Cun. Z4.0CI ta,..OO
, 2 EA N~i c:., R..,.. _.00 t4OO.oo
......................................................···········---·······-.........4......__........
sroaN ORA UIAGI UROV8IE_,. . TOTAL
112,066.00
..........................--.................................................................--.....--
'AVIWO COIIST.ucTlOll . MNWCIIT. All) MATT o.lVE
. t 1930 ST 5" Cgncr.,. p~ 16.)'5 S4',OTT.'O
Z S0I9 IV L fIN .t_1 (,..'Chln' .... 1.71 15,405.75
J 47 'Q l filii (30 tit/IV) 75.00 a,ln.OO
4 "TJ Lf MonaUtfltc Curb 1.10 ".4'9.50
.-.....~._-......þ.._.............---........._-_........_........_.._........~......_......_~........
"AVING CUttTJlUCTIOI . MMWCIRTN AIIO MATT DIIIVI - TOTAL
_.417.71
,
...............................................................................................,......
PAVIII(, ."JlOYUfþ" . MI.HTOWU
1 14111 n Z· Type "I- IICAC .1MMt S.IIO . I1,G'.OO
~ ,,27 $Y 4" T)"pt liS- IlCAC (211. 2" &. ffb) '.00 ".'62.00
3 ,n1 U' 2M T~ -Dft RMAC 4.00 14.501.00
4 "24 Sf 2" TyPe "0" NMAC OWtLtV . 4.110 ".'''.00
S 1211 8'1' It-. .tebtll.ttfDñ SUÞI~.œ. '.71 ".114.11
, 32 TONt lf~ (SOt If) 1S.. 12,400.00
, 515 IF 24" Curb end GUt1." 1.1. 11.6".50
.. 2 fA Hendl c,p ..... 100.00 1400.00
, 210 LF 411 Sldt..ILIt t..OO 11,120.00
10 387 LI' I.WQUC/.~. Atpbalt ',00 11,16'.00
tt 4'7 IF lI.a. II LI '" '.00 Ql2SS.00
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................................................~............................~~.................
No.
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Unit
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,
a
lITE OIIAOIMa
LS unol...lfftd bcewU4ft, L01; Greá1nt .,.. Tntlng
La Erae~ Cont.... '
22,000.00
I,GeO.DO
IZZ.DDO.OO
11,000.00
···········~·~············-·_······_-···.........4.........-._.._._..~..__.....-..........----~.4_..._
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124.000.00
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1 fA 211 Pr...~r. .~ Vll¥e
16 SY IItIIOV.t end a.,L~t 01 A.JlheU
6 LF .~Il Ind ..lIMfI!Int of CIM'h & Gutte"
14.00
Z,IOO.oo
400.00.
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1,OOO.DO
1,000.00
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1,000.00
500.01
10.00
20.00.
.n,nz.oo
lZ,aaa.oo
1100.00
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1400.00
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WUTARY INIIY""
, '25 U 61' PVC lanUtr, .....r "pi!! 0" " Oftlth 15.00 '15,1".00
I ] IA It.....,., 4/0" Of_ttt ManhoLe 0'· " Oepth 150.00 'Z,no.co
, 24 U I." Itanda,.., ~~_I'y .,....r I_tc. JOO.oo 14...00
4 92S l' Trench h'.tV,",_ t.GO $925.00
S , EA Cannect'ton to Exl.'I"" ~.t. 500.00 .'00.00
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