HomeMy WebLinkAboutCC 2008-08-11 AgendasCITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
MONDAY, AUGUST 11, 2008
5:45 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2008-087 Update on Restaurant Health Scores Online (15 Minutes)
A.3 IR 2008-088 First Aid and CPR Class Update (10 Minutes)
A.4 IR 2008-089 Library Events Update (10 Minutes)
A.5 IR 2008-090 Champion Trees in North Richland Hills (10 Minutes)
A.6 Adjournment
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on August 8, 2008 at / • oZUG?I'Yl .
City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
August 11, 2008 -City Council Agenda
Page 1 of 4
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
MONDAY, AUGUST 11, 2008
7:00 P.M.
Copies of the full City Council agenda information packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
^ Library on the Friday prior to the meeting (available electronically)
^ City Hall on the day of the meeting (hard copy available)
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
---------------------------------------------------------------------------------------------------------
A.0 Call to Order -Mayor Trevino
A.1 Invocation -Councilwoman Compton
A.2 Pledge -Councilwoman Compton
A.3 Special Presentation(s) and Recognitions)
A.4 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any
subject which is not on the posted agenda, therefore the Council will not be able to
discuss or take action on items brought up during the citizens presentation.
A.5 Removal of Item(s) from Consent Agenda
August 11, 2008 -City Council Agenda
Page 2 of 4
B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
requests, in which event the item will be removed from the Consent Agenda and
considered.
B.1 Approval of Minutes of July 28, 2008 City Council Meeting
B.2 FP 2008-06 Consideration of a Request from Clifford Land Company, LLC to Approve
a Final Plat of Lots 1-29, Block A; Lots 1-4, Block B; and Lots 1-4, Block C, Brynwyck
Addition (located in the 8800 Blocks of Martin Drive as well as Mid-Cities Boulevard -
9.96 acres).
C.0 PUBLIC HEARINGS
C.1 ZC 2008-07 Public Hearing and Consideration of a Request from R. T. Koonce to
Approve a Zoning Change from AG (Agricultural) to R-1-S (Special Single Family) for
Tract 3A3 in the D. Moses Survey (located at 7244 Eden Rd. - 1.4 acres) -Ordinance
No. 3007
C.2 ZC 2008-09 Public Hearing and Consideration of a Request from Jon Westrom to
amend an RI-PD zoning district site plan to allow for gated entry at Crestwood Estates
Addition, Lots 11 R1-11 R23, Blk. 6 (located in the 8200 Block of Starnes Rd.) -
Ordinance No. 3008
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
No items for this category
E.0 PUBLIC WORKS
E.1 PW 2008-020 Award a Professional Services Agreement in the amount of $100,000 to
Dannenbaum Engineering, Inc. for the Shady Grove Road Street Improvements Project
(Davis to Clay-Hibbins)
E.2 PW 2008-021 Award a Professional Services Agreement in the amount of $235,600.00
to Halff Associates, Inc. for the Douglas Lane Street and Utility Improvements Project
from Hightower Drive to Starnes Road
August 11, 2008 -City Council Agenda
Page 3 of 4
F.0 GENERAL ITEMS
F.1 GN 2008-073 Setting Date for Public Hearings for 2008-2009 City Budget, Parks and
Recreation Facilities Development Corporation and Crime Control and Prevention
District Budgets
F.2 GN 2008-074 Setting Dates for Public Hearings on Proposed Tax Rate and Record
Vote on Placing the Tax Rate Adoption on the Agenda of the September 8, 2008
Council Meeting
All items on the agenda are for discussion and/or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on August 8, 2008 at //: d G~t'Yi1.
"-City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
August 11, 2008 -City Council Agenda
Page 4 of 4
City of North Richland Hills
City Council Work Session Meeting Agenda
North Richland Hills City Hall Pre-Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, August 11, 2008
5:45 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 iR 2008-087 Update on Restaurant Health Scores Online (15 Minutes)
A.3 IR 2008-088 First Aid and CPR Class Update (10 Minutes)
A.4 IR 2008-089 Library Events Update (10 Minutes)
A.5 IR 2008-090 Champion Trees in North Richland Hills (10 Minutes)
A.6 AdLournment
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 8-11-2008
Presented by: Agenda No. A.1
Subject: Discuss Items from Regular City Council Meeting
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-087
Date: August 11, 2008
Subject: Online Restaurant Scores
In June 2008, the City of North Richland Hills Consumer Health Division began posting
food establishment inspection scores on the City of North Richland Hills website. The
posted list of food establishment inspection scores includes the name of the facility, the
facility phone number, address, and the latest inspection date with the number of
demerits, or score, received by the facility. The list of food establishment scores is
updated monthly.
The Consumer Health Division inspects the approximately 300 food establishments
within our city limits including full service restaurants, fast food, grocery stores,
convenience stores, child care facilities and temporary food service events. The
inspection results are reported using a demerit system in accordance with the Texas
Food Establishment Rules.
Each permitted food establishment is given a priority classification based on the type of
foods served and the population to whom the food is being served. Low Priority food
establishments that sell prepackaged foods or serve food and beverages that require
minimal handling are inspected a minimum of 1 to 2 times per year. Medium Priority
establishments that prepare and serve food from precooked ingredients with limited
handling such as a grocery store, sandwich shop, ice cream shop, or bakery are
inspected a minimum of 2 to 3 times per year. High Priority establishments that
prepare or sell foods from raw meats or seafood, extensively handle food, and/or serve
a highly susceptible population such as a full service or fast food restaurant, seafood or
meat market, deli, child care kitchen, hospital or nursing home food service are
inspected a minimum of 3 to 4 times per year.
Each food facility is inspected and scored on a demerit/point system based on the~type
of violation the inspector witnesses. Each violation is reported as a critical or non-
critical" violation. Critical violations must be addressed immediately such as foods not
being cooked or held at acceptable temperatures or improper employee practices.
Non-critical violations may be related to the physical condition of the building or
equipment and pose less of an immediate health and safety concern.
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~
Inspection scores can range from 0 to 100 demerits. Scores exceeding 30 total
demerits shall initiate immediate corrective action on all identified critical violations, and
shall initiate corrective action on all other violations within 48 hours. Depending on the
severity of the violations, immediate closure may be warranted. The Consumer Health
Division strives to perform follow-up inspections to ensure compliance with all violations,
critical and non-critical.
It is important to remember that the posted inspection scores represent only a snapshot
of the facility at the time the inspector arrived; the conditions may be better or worse
when an inspector is not present.
Respectfully Submitted,
Stephanie East
Environmental Health Supervisor
(INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-088
Date: August 11, 2008
Subject: First Aid and CPR Class Update
The North Richland Hills Fire Department is pleased to offer CPR classes on a monthly
basis, not only to the public but also to all City employees. Each class includes hands
on instruction in CPR, plus training on how to use an Automated External Defibrillator
(AED). The training is American Heart Association approved and participants receive
a student manual and an AHA Certification Card.
The cost to the general public is only $25.00 and City employees may attend any
session free of charge. Classes are held at different times each month in an attempt to
accommodate all that might be interested. Classes are scheduled alternating between
afternoon, evening and some Saturdays. Classes are held in the Training Room at the
North Richland Hills Fire Administration Building at 7202 Dick Fisher Drive. We do
require a minimum of five students per class.
Currently there are seven AED's located in City owned buildings throughout North
Richland Hills. There are two located in City Hall, and one each in the Library, the
Recreation Center, both Senior Centers and the Tennis Center. The Fire Department
will assist anyone to make sure all City employees know how to operate the AED's and
also routinely check to make sure the batteries are replaced whenever they are
needed.
It is common knowledge that after someone stops breathing, or their heart stops
beating, they can survive for only four to six minutes before lack of oxygen results in
brain damage or death. CPR can buy that person extra time, by artificially circulating
oxygenated blood to the brain, until one of our ambulances can arrive.
Over 1.5 million heart attacks occur each year. Approximately 350,000 of these
victims die before ever reaching a hospital. The American Heart Association estimates
that if CPR is initiated early, an additional 100,000 to 200,000 lives of adults and
children could be saved each year. To achieve these numbers, more people must be
trained in CPR and the use of an AED.
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~
The country's #1 killers, heart attacks and accidents, claim a life every 34 seconds in
the U.S. By training as many people as possible, the Fire Department is doing its part
in making sure that when one of our citizens has a cardiac event, the likelihood of there
being someone close by to help is increased.
We are fortunate that in our City we have one of the country's premier Cardiac Centers,
North Hills Hospital. Through a partnership with North Hills Hospital, the Fire
Department is being recognized this year as a finalist by the International Association of
Fire Chiefs for its Cardiac Cath Lab activation program wherein the field Paramedic
activates the Cardiac Cath Lab from the field whenever they identify a heart attack
patient. There is still that four to six minutes between the onset of symptoms and the
arrival of our medical professional where only a citizen with CPR training can make the
difference between life and death.
Respectfully Submitted,
Andrew A. Jones, Jr.
Fire Chief
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2008-089
Date: August 11, 2008
Subject: Library Events Update
In the first 100 days of operations in the new library, use has climbed to new levels.
• Borrowers currently have more than one of every six items in the collection
checked out. The number of volumes currently checked out has jumped from
about 18 - 19,000 at any one time last year to about 27,500, an increase in the
range of 40% to 45%. On July 31, the number of items checked out was
27,615.
• 27,500 volumes checked out is the equivalent of a shelf of books over half a
mile long, all currently in use by the public.
• The total number of checkouts out in July was 28.0% higher than in July 2007.
Total circulation (the sum of checkouts and renewals) was 65,883.
• During the transition to the new library, the length of loan periods was extended
from a 2 week to 3 week loan period, in a deliberate effort to reduce the number
of renewals and to conform to the loan periods of most other libraries in the
area. The change in loan periods has been very helpful in managing the
increase in staff workloads, but one result is that it is not meaningful to compare
raw circulation numbers with the same period last year. Over the course of a
year the library will establish a new basis for year to year comparisons.
• The RFID system is working well, and is the other key factor in managing higher
traffic levels and minimizing lines at checkout. Our customers like the system,
and currently 65 - 68% of checkouts are self-service, up from approximately
24% last year.
• Number of new library cards issued is much higher. 1,757 new cards were
issued in June, compared to 760 issued in June 2007. In July there were 1,342
new cards issued compared to 637 the year before.
• The number of hold requests that customers are placing for items that are not
on the shelves because they are currently checked out is up by about 50%, to
2,263 in June and 2,387 in July.
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~
• Librarians responded to 4,087 reference questions in June, compared to 3,104 a
year ago, a 31 % increase.
• Door counts showed 29,540 visitors in June and 27,414 in July. Door counts
would likely be higher if not for the effect of longer loan periods which allow
library users to make fewer trips to the library.
• Staff has phased in use of the new security gates at the library entrance with few
problems.
• Summer Reading Club participation also rose, with an estimated 1,768 taking
part in the program and reporting that they read for at least 22,340 hours during
the eight week program.
• Library Program attendance nearly doubled in July, up to 1,230 from 637 the
year before.
• Online use of the library has also increased, a measure of general public interest
in the new facility. There were 70,678 web visits to the library's catalog in June, a
60.4% increase from June 2007. In July the total was 66,973.
• The Library has begun developing a series of programs for adults in the
community. Local author Bobby Ozuna spoke in July. Long-time library
volunteer Mary Green presented a quilting program on August 7. Nationally
known novelist Sarah Bird is scheduled to speak on September 11, in what we
hope will the beginning of a series of presentations by noted authors.
• The library sponsors a very active Chess Club, and hosted a regional chess
tournament over the past weekend.
• One of the most significant programs is the small business counseling offered by
S.C.O.R.E., the Service Corps Of Retired Executives. Under the leadership of
Councilman John Lewis, S.C.O.R.E. volunteers are working to expand this
already successful business assistance program.
The new library continues to be the focus of much regional interest. NRH Residents
and our neighbors have been generous in their praise of the facility.
Representatives from a number of Texas cities have visited since it opened. On
Friday, August 8, the library hosted a meeting and tour for members of PLANT, the
Public Library Administrators of North Texas.
Respectfully submitted,
Steve Brown
Library Director
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-090
Date: August 11, 2008
Subject: Champion Trees in North Richland Hills
Big trees are a part of our Texas heritage, and our North Richland Hills heritage. As
such, the North Richland Hills Parks and Recreation Department promotes the
identification, recognition and preservation of big trees that meet champion status.
There is more to a champion than just its size. Big trees are symbols of all the good
work trees do for the quality of the environment-and our quality of life. Big trees provide
more cooling shade and more places for wildlife to perch and nest, cleaning more of
the air and water. It's our responsibility to maintain a healthy environment that allows
trees to grown to champion status.
The Texas Forest Service coordinates the Big Tree Registry program in Texas, which
identifies "champion" trees within the state of Texas based on a comparison of other
trees in the region, state and nation. The purpose of the program is to:
• Locate and recognize the largest known species of its kind that grow in the state
of Texas;
• Obtain the cooperation of tree owners to protect and preserve these specimens
as landmarks for future generations to enjoy;
• Stimulate interest in and a greater appreciation of trees -- their worth as a
natural resource and as individual specimens.
The City of North Richland Hills has 10 trees that have recently been named Regional
or State Champion trees. These trees were submitted for consideration by the City's
Landscape Horticulturalist, Geoffrey Sherman. Mr. Sherman evaluated significant
trees in North Richland Hills and then determined which ones should be submitted to
the Texas Forest Service. Each of these 10 trees has met the specific criteria in order
to quality, including 3 specific measurements; the circumference of the tree, the height
of the tree and the crown spread. A champion is determined by the highest number of
points once all of the measurements have been taken in to consideration.
Once the trees have been measured and scored, they are evaluated for regional status
and then compared with state trees to see if they qualify as the State Champion for
their species. If a tree comes within 5 points of a current standing champion, the tree
then becomes a co-champion.
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~
Currently, NRH has 10 Regional Champions identified, 4 State Champions identified
and 1 (a Texas Hercules Club) that is now a National Champion tree. The trees that
have been named Champions are: a Bald Cypress, a Chinese Parasol Tree, an
Eastern Redcedar, a Chinese Persimmon, a Chitalpa, a Texas Hercules Club, a
Golden Raintree, a Royal Paulownia, a Turkish Pine and a Chinese Privet.
The Texas Hercules Club recently awarded National Champion status is 41 feet tall,
has a circumference of 33 inches, a crown spread of 18 feet and has an index value of
78 points. This wonderful tree is the largest of its species in the nation, the State of
Texas and in the Dallas Fort Worth regional area measured to date.
The City of North Richland Hills is the first city in Northeast Tarrant County to have this
number of Regional and State Champion Trees that have been identified. The
Champion trees are listed on the Texas Big Tree Registry, which is on the website
www.texastreetrails.org.
Geoff Sherman will provide an overview and PowerPoint presentation on the
Champion Tree program in North Richland Hills.
Respectfully Submitted,
Vickie Loftice
Director of Parks and Recreation
Bald Cypress
6772 Briley
5700 North Hills
Texas Hercules Club
Cross Timbers Park
7680 Douglas Road
Chinese Parasol Tree
CI TY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. A.6
Subject: Adjournment
City of North Richland Hills
City Council Regular Meeting Agenda
North Richland Hills City Hall Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, August 11, 2008
7:00 P.M.
A.0 Call to Order -Mayor Trevino
A.1 Invocation -Councilwoman Compton
A.2 Pledge -Councilwoman Compton
A.3 Special Presentations} and Recognitions)
A.4 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting. The Texas Open Meetings Act prohibits
deliberation by the Council of any subject which is not on the posted agenda,
therefore the Council will not be able to discuss or take action on items brought
up during the citizens presentation.
A.5 Removal of Items) from Consent Agenda
B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of July 28, 2008 City Council Meeting
B.2 FP 2008 06 Consideration of a Request from Clifford Land Company, LLC to
Approve a Final Plat of Lots 1-29, Block A; Lots 1-4, Block B; and Lots 1-4, Block
C, Brynwyck Addition (located in the 8800 Blocks of Martin Drive as well as Mid-
Cities Boulevard - 9.96 acres).
C.0 PUBLIC HEARINGS
C.1 ZC 2008-07 Public Hearing and Consideration of a Request from R. T. Koonce to
Approve a Zoning Change from AG (Agricultural) to R-1-S (Special Single
Family) for Tract 3A3 in the D. Moses Survey (located at 7244 Eden Rd. - 1.4
acres) -Ordinance No. 3007
C.2 ZC 2008-09 Public Hearing and Consideration of a Request from Jon Westrom to
amend an RI-PD zoning district site plan to allow for gated entry at Crestwood
Estates Addition, Lots 11 R1-11 R23, Blk. 6 located in the 8200 Block of Starnes
Rd.~ -Ordinance No. 3008
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
No items for this category.
E.0 PUBLIC WORKS
E.1 PW 2008-020 Award a Professional Services Agreement in the amount of
X100,000 to Dannenbaum Engineering, Inc. for the Shady Grove Road Street
Improvements Project Davis to Clay-Hibbins)
E.2 PW 2008-021 Award a Professional Services Agreement in the amount of
$235,600 00 to Halff Associates, Inc. for the Douglas Lane Street and Utility
Improvements Project from Hightower Drive to Starnes Road
F.0 GENERAL ITEMS
F.1 GN 2008-073 Setting Date for Public Hearings for 2008-2009 City Budget, Parks
and Recreation Facilities Development Corporation and Crime Control and
Prevention District Budgets
F.2 GN 2008-074 Setting Dates for Public Hearings on Proposed Tax Rate and
Record Vote on Placing the Tax Rate Adoption on the Agenda of the September
8, 2008 Council Meeting
G.0 EXECUTIVE SESSION ITEMS
No items for this category
H.0 INFORMATION AND REPORTS
H.1 IR 2008-086 JPS Report on Activities in Schools
H.2
Announcements -Councilman Welch
H.3 Adiournment
CI TY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. A.0
Subject: Call to Order -Mayor Trevino
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. A.1
Subject: Invocation -Councilwoman Compton
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 8-11-2008
Presented by: Councilwoman Suzy Compton Agenda No. A.2
Subject: Pledge -Councilwoman Compton
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. A.3
Subject: Special Presentation(s) and Recognitions)
CI TY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 8-11-2008
Presented by: Agenda No. A.4
Subject: Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any
subject which is not on the posted agenda, therefore the Council will not be able to
discuss or take action on items brought up during the citizens presentation.
CI TY OF
NORTH R/CHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. A.5
Subject: Removal of Item(s) from Consent Agenda
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 8-11-2008
Presented by: Agenda No. B.0
Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
requests, in which event the item will be removed from the Consent Agenda and
considered.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 8-11-2008
Agenda No. B.1
Subject: Approval of Minutes of July 28, 2008 City Council Meeting
Recommendation:
To approve the minutes of the July 28, 2008 City Council Meeting.
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 -JULY 28, 2008
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
28tH day of July, 2008 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m.
regular Council meeting.
Present: Oscar Trevino Mayor
Scott Turnage Mayor Pro Tem, Council Place 6
John Lewis Council, Place 1
Ken Sapp Council, Place 2
Tim Barth Council, Place 4
David Whitson Council, Place 5
Tim Welch Council, Place 7
Staff Members: Larry J. Cunningham City Manager
Jared Miller Assistant City Manager
Karen Bostic Managing Director
Patricia Hutson City Secretary
George Staples City Attorney
Mary Peters Public Information Officer
Elizabeth Reining Assistant to City Manager
John Pitstick Director of Planning & Development
Larry Koonce Finance Director
Mike Curtis Public Works Director
Kyle Spooner Information Services Director
Chris Amarante Construction Manager
Vickie Loftice Parks & Recreation Director
Jamie Brockway Purchasing Manager
Debbie York Neighborhood Services Manager
Absent:
Call t~ nrder
Suzy Compton Council, Place 3
Mayor Trevino called the work session to order at 5:45 p.m.
A.1 Discuss Items from Regular City Council Meeting
There were no questions from Council.
Mayor Trevino recognized Logan and Austin Perrin, recipients of the "Mayor for a Day"
fundraiser at Walker Creek Elementary.
A.2 IR 2008-073 Discussion of Construction Delivery Methods for the Recreation
Center
Mr. Jared Miller, Assistant City Manager, presented a PowerPoint presentation
providing an overview of construction delivery methods for the Recreation Center. Mr.
Miller explained and compared the pros and cons of the two methods, Design/Bid/Build
Competitive Bid and Construction Manager at Risk. Staff s recommendation, based on
the results of the research and reference evaluation, is the Construction Manager at
Risk delivery method for the new Recreation Center. After discussion and questions by
the Council, the Council concurred with the use of the Construction Manager at Risk
construction delivery system.
A.3 IR 2008-083 Update on Building Activities in North Richland Hills
Mr. John Pitstick, Planning & Development Director, presented a PowerPoint
presentation reporting on building construction activities in the City. Mr. Pitstick
discussed four significant local trends that position the City to continue to grow in a
quality manner. The City has experienced major construction activities in churches,
schools and civil institutions, the City's population growth continues to outpace area
cities, the City continues to have significant increases in the values of new homes and
the City has open land for development compared to limited open land in area cities.
There were no questions from the Council.
A. 4 IR 2008-084 Update on Workplace and Special Event Recycling Efforts
Ms. Debbie York, Neighborhood Services Manager, informed the Council of four
initiatives undertaken by Neighborhood Services to increase recycling in the community.
• Paper Drop Off Sites -Citizens may drop off newspapers, office papers and
catalogs for recycling at paper recycle bins located at Wal Mart Loop 820 and
North Tarrant Parkway locations and Neighborhood Services.
• Workplace Recycling - A Work Place Recycling Committee was formed to
increase recycling efforts internally. The program has been expanded to include
plastics, paper and aluminum cans at all facilities.
• Special Event Recycling - A grant from TCEQ funds a new recycling bin loan
program to increase recycling at community events. The program allows
schools, nonprofits and other community organizations to check out recycle bins
for use at special events.
• School Recycling Contest -Keep NRH Beautiful Committee is working on a
public school recycling contest to take place in February and March 2009 that will
ask students to use recycling as a theme to create a design for a bookmark, a
design for cloth shopping bags, recycled art sculptures and a commercial.
There were no questions from the Council.
B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas
Government Code
B.1 Pursuant to Section 551.071 for Consultation with Attorney on Litigation - 1)
Friend vs. NRH; 2) Steven Rodgers vs. NRH 3) Amanda Clark vs. NRH
B.2 Pursuant to Section 551.074 Texas Government Code, to Deliberate the
Employment of Council Appointed Positions -City Attorney, City Secretary, City
Manager, Municipal Court Judge
Mayor Trevino announced at 6:33 p.m. that the Council would adjourn to Executive
Session pursuant to the provisions of the following sections of the Texas Government
Code:
• Section 551.071 for consultation with Attorney on the following litigation 1) Friend
vs. NRH; 2) Steven Rodgers vs. NRH and 3) Amanda Clark vs. NRH; and
• Section 551.074 to deliberate the employment of Council appointed positions -
City Attorney, City Secretary, City Manager and Municipal Court Judge.
C.0 Adjournment
Mayor Trevino announced at 6:43 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A.0
CALL TO ORDER
Mayor Trevino called the meeting to order July 28, 2008 at 7:00 p.m.
ROLL CALL
Present: Oscar Trevino Mayor
Scott Turnage Mayor Pro Tem, Council Place 6
John Lewis Council, Place 1
Ken Sapp Council, Place 2
Tim Barth Council, Place 4
David Whitson Council, Place 5
Tim Welch Council, Place 7
Absent
Staff:
Larry J. Cunningham City Manager
Patricia Hutson City Secretary
George Staples Attorney
Suzy Compton Council, Place 3
A.1
INVOCATION
Mayor Pro Tem Turnage gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Mayor for the Day Austin and Logan Perrin led the pledge of allegiance.
Mayor Pro Tem Turnage presented Austin and Logan Perrin with certificates
recognizing them as "Mayor for the Day".
Mayor Pro Tem Turnage recognized Cory Estes, Troop 321, who is working on his merit
badge.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITIONS)
Yard of the Month Awards for July, 2008
Councilman Barth and Kathy Luppy, Keep NRH Beautiful Chair, recognized the
following July Yard of the Month recipients: Ronald (Ted) Yaggi, 6616 Tabor Street;
Robert & Carolyn Maserang, 7351 Winnell Way; Jacob Stansbury, 6301 Torrey Pines
Drive; Monty Hale, 7001 Meadow Park; Christa Sparks, 8636 Nichols Way; Rick Burton,
7708 Frankie B; Diane Barnes, 8308 Main Street; Ronnie & Angie Graves, 7513
Brockwood Court; Kevin & Valerie Egan, 8308 Sandy Court. Davis Professional
Buildings, 6248 and 6252 Davis Boulevard was recognized as the recipient of the
Business Landscape Winner. Larry & Cheryl Plunkett, 6312 Meadowlakes Drive, were
also recognized as a June Yard of the Month recipient. The Plunketts who were the
June winners for area 3 were out of town for the June council meeting and requested to
be recognized at the July council meeting.
Mayor Pro Tem Turnage recognized Justin Smith, Troop 32, who is working on his merit
badge.
A.4
SPECIAL PRESENTATION(S) AND RECOGNITIONS)
Presentation of Certificate of Recognition to Kathryn Duren
Councilman Sapp presented a Certificate of Recognition to Kathryn Juren, for her
participation in the People to People Student Ambassador Program. Ms. Duren recently
represented the City, the State and the United States during her recent travels to
Australia as part of the program.
A.5
CITIZENS PRESENTATION
None.
A.6
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.0
APPROVAL OF CONSENT AGENDA ITEMS
~PPR[~VFI~
B.1 APPROVAL OF MINUTES OF JULY 14, 2008 CITY COUNCIL MEETING
MAYOR PRO TEM TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN
wHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-a.
C.0
PUBLIC HEARINGS
No items for this category.
D.0
PLANNING & DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
PUBLIC WORKS
E.1
PW 2008-019 APPROVE 2008 PREVENTIVE STREET MAINTENANCE PROGRAM
APPROVED
Mr. Mike Curtis, Public Works Director, presented an overview of the 2008 Preventive
Street Maintenance Program. The Public Works Department presents to the CIP
Committee the Preventive Street Maintenance Program and brings the Committee's
recommendation to the Council. The Public Works Department met with the Committee
on July 21 and presented a program for 2008 that consists of an asphalt overlay for 13
streets, slurry seal for 14 streets and crack seal for 29 streets. Staff is recommending
the approval of the 2008 Preventive Street Maintenance Program in an amount of
$800,000.
COUNGILMAN 1NELCH MOVEQ TO APPROVE P11V 2008-01:9,. APPROVING THE 2.008 F~REVENTIVE
STREET MAINTENANCE PROGRAM AS PRESENTEQ IN AN AMOUNT OF $$OO,OOQ. COUNCILMAN
SAPP SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
GENERAL ITEMS
F.1
GN 2008-070 CONSIDER APPOINTMENTS TO ECONOMIC DEVELOPMENT
ADVISORY COMMITTEE
APPROVED
Mr. Jared Miller, Assistant City Manager, presented the item. The Economic
Development Advisory Committee has five members whose terms expire August 1,
2008. Three of the members, Cindy Brewington, Randy Moresi and Dan Quinto, have
expressed their willingness to continue serving on the committee for another two years.
Linda Timmons with Bates Container has advised that she is unable to continue to
serve and has requested that Mark Sanders, the Vice President of Bates Container be
appointed to the position she is holding on the committee. The appointment of Mr.
Sanders will provide representation from the manufacturing area. Mr. Vincent Lara, the
general manager for Super Wal-Mart located on North Tarrant Parkway, has also
indicated that he will be unable to serve. Mr. Kevin Sutherland with the Home Depot
located on Northeast Loop 820 has agreed to participate on the Committee. Mr.
Sutherland will fill the category of large retail representative. Staff is recommending the
reappointment of Cindy Brewington with Edward Jones, Mr. Randy Moresi with North
Hills Hospital, Mr. Dan Quinto with Roaring Brook Development and the appointment of
Mr. Mark Sanders with Bates Container, and Mr. Kevin Sutherland with Home Depot.
The recommended appointments will expire August 1, 2010.
MAYOR PRO TEM TURNAGE MOVED TO APPROVE GN 2008-070. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-O.
F.2
GN 2008-071 APPROVE CONTRACT WITH TIME WARNER TELECOM FOR VOICE
AND INTERNET SERVICE FOR $2,631 MONTHLY
APPROVED
Mr. Kyle Spooner, Director of Information Services, presented the item. In October
2002 Council approved an agreement for two high capacity phone lines and one high
capacity internet service line with Time Warner. Staff is recommending a 60-month
renewal of the City's agreement for voice and data service with Time Warner for $2,631
monthly, an annual savings of approximately $2,300. Under this agreement, Time
Warner will construct a fiber optic connection to the City's voice and data networks and
will upgrade the City's existing internet service from 1.5 Mb to 10Mb.
COUNCILMAN WHITSON MO\fED TO APPROVE GN 2008-071, APPROVING THE SERVICE
AGREEMENT WITH TIME WARNER HOLDINGSx I'NC. FOR VOICE AND INTERNET SERVICE.
COUNCILMAN BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED C-~.
EXECUTIVE SESSION ITEMS
G.1
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
Item B.1-Consultation with Attorney on Litigation -
1) Friend vs. NRH; 2) Steven Rodgers vs. NRH 3) Amanda Clark vs. NRH
No action needed.
Item B.2 -Deliberate the Employment of Council Appointed Positions -
City Attorney, City Secretary, City Manager, Municipal Court Judge
Mayor Trevino advised that State Law requires that Council appoint the Municipal Court
Judge and establish by ordinance the Judge's salary. The appointment is a two-year
term consistent with the Mayor's term and once the salary is established, it cannot be
reduced during the two-year term. In addition, the Council is required to appoint the
alternate judges for Municipal Court. Ordinance No. 3005 appoints as Municipal Judge
Stewart Bass, sets the Judge's salary, and appoints the Alternate Judges.
MAYOR PRO TEM TURNAGE MOVED TO APPROVE ORDINANGE NQ. 3~f~Q5, APPOINTING
STEWART WASS AS JUDGE FOR A TWO YEAR TERM, SETTING HIS SALARY, AND APPOINTING AS
ALTERNATE .BUDGES, GLYNNIS MCGINTY AND LACY WRITTEN. COUNCILMAN WELCH
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED ~-~.
INFORMATION AND REPORTS
H.1
ANNOUNCEMENTS
Councilman Whitson made the following announcements.
The City of North Richland Hills conducts a test of the 10 outdoor emergency warning
sirens on the 1st Wednesday of each month. The next test is scheduled for 1 p.m. on
August 6th. The test will not be performed if threatening weather is near or there is low
cloud cover. For more information, please call 817-427-7007.
The North Richland Hills Recreation Center invites residents to its annual Rec Expo and
Open House from 9 a.m. to 1 p.m. on Saturday, August 9th. Visitors will learn about the
many programs and services offered at the Recreation Center. There will also be
demonstrations, door prizes and discounts on fall programs. For more information,
please call 817-427-6600.
North Richland Hills is offering Think Green education sessions each month at the
Recreation Center. The next session will focus on Green Housekeeping. It will be held
from 1 to 3 p.m. on Saturday, August 9th. The cost is only $10 for adults and free for
children 18 and under. To register or get more details, please call 817-427-6600.
Kudos Korner -David Hague & Glynn Miller, Public Works Department - A resident
called to express thanks to David and Glynn for coming to her aid when a she was bit
by a dog. The employees pulled the dog off her, called animal control and waited with
her until the dog was captured. If it wasn't for their quick actions, the situation might
have been a lot worse. The resident was very appreciative of their help and kindness.
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:43 p.m.
Oscar Trevino -Mayor
ATTEST:
Patricia Hutson, City Secretary
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 8-11-2008
Presented by: Eric Wilhite Agenda No. B.2
Subject: FP 2008-06 Consideration of a Request from Clifford Land Company, LLC to
Approve a Final Plat of Lots 1-29, Block A; Lots 1-4, Block B; and Lots 1-4, Block C,
Brynwyck Addition (located in the 8800 Blocks of Martin Drive as well as Mid-Cities
Boulevard - 9.96 acres).
Case Summary: The applicant, Clifford Land Company, is requesting the approval of a
final plat for a RI-PD (Residential Infill Planned Development). The 9.963 acre land parcel is
located between Martin Drive and Mid-Cities Blvd. The subdivision will consist of 34 lots; 31 lots
are set aside for residential uses, while the remaining 3 will be reserved as common open
space. The proposed residential subdivision will be accessed from Martin Drive. Additionally,
the proposed subdivision will include 4 lots to the south that are zoned Neighborhood Services
(NS) that will be accessed from Mid-Cities Blvd. The Neighborhood Services lots include a
mutual access easement connecting the lot to the east. A pedestrian access easement is also
being dedicated from the residential portion of the development through the NS development to
Mid-Cities Blvd. as required by the RI-PD zoning site plan.
Current Zoning: RI-PD (Residential Infill Planned Development)
Thoroughfare Plan: The land area has frontage on Martin Drive, an undivided, Minor Collector
with 54 feet of Right-Of-Way and on Mid-Cities Boulevard, a P6D (Principal Arterial) with 120
feet of Right-Of-Way.
Comprehensive Plan: The Comprehensive Plan depicts low density residential and
neighborhood service uses for this area. The proposed subdivision including residential behind
office along Mid Cities Boulevard is consistent with the Comprehensive Plan.
Staff Review/Rough Proportionality Determination: The Development Review Committee
has reviewed the plat and has determined that it complies with both the Zoning and Subdivision
Ordinances. The city's engineer has determined that the subdivision will include the installation
of pavement, water, sanitary sewer, and drainage facilities. The developer is required to assume
100% of the improvement costs.
Planning and Zoning Commission Recommendation: Approval by a vote of 6-0 on July 17,
2008.
Staff Recommendation: Approval of final plat request: FP 2008-06
Review Schedule:
Application: 5/12/08
Final Hearing: 8/11 /08
Staff Review & Scheduling Time: 10 weeks
Applicant Revision Time: 3 weeks
Total Review Time: 13 weeks
LOCATION MAP
~"'~
' ,... ^~+
.~t~n Carr
~l~d~~ ~3~uv
N
FP 20~0~-~~
Final Plat
Lots ~ -29, B I k. A, Lots 1-~, B I k. B,
Lots 1-~, BI k. C
Mid-Cities boulevard at Hawk Avenue
Prepared b~ Planning 4~ 11108 Feet
a ~ oo zoo aoa soa eao
Aerial Map
PLAT EXHIBIT
Final Plat
Brynwyck
EXCERPT FROM THE MINUTES OF THE JULY 17, 2008
PLANNING AND ZONING COMMISSION MEETING
FP 2008-06
Consideration of a Request from Clifford Land Company, LLC to Approve a Final
Plat of Lots 1-29, Block A; Lots 1-4, Block B; and Lots 1-4, Block C, Brynwyck
Addition (located in the 8800 Blocks of Martin Drive as well as Mid-Cities
Boulevard - 9.96 acres).
Cliff Harris, 8241 Mid Cities Blvd, NRH, came forward representing Brynwyck
Development. Brynwyck is a mixed use development with a 30 lot residential portion
and a 4 lot commercial office portion which is zoned Neighborhood Services. This
zoning would allow for a few more uses than just offices. They have also included
some open space in the development. The lots are going to average 60 x 120 and
some of the cul-de-sac lots will be larger. They plan to start development as soon as
they can get approved.
Eric Wilhite came forward stating that this is a final plat for the Brynwyck Addition. The
residential portion is consistent with the previously approved RI-PD for the lots and
layout. This also includes the common open space and street configurations. During
the preliminary plat review and approval it was discussed to connect a mutual access
easement for this development over to the east. This has been accomplished and they
will have cross access to control the access points onto Mid Cities Blvd. Staff has
reviewed at DRC and it does meet all subdivision rules and regulations. The Public
Works department has reviewed this for rough proportionality and because all of the
development is necessary for only this project the developer would be responsible for
100% of those costs. Staff recommends approval.
APPROVED
Bill Schopper seconded by Don Bowen, motioned to approve FP 2008-06. The
motion was carried unanimously (6-0) Mike Benton was absent.
CI TY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. C.0
Subject: PUBLIC HEARINGS
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 8-11-2008
Presented by: Eric Wilhite Agenda No. C.1
Subject: ZC 2008-07 Public Hearing and Consideration of a Request from R. T. Koonce
to Approve a Zoning Change from AG (Agricultural) to R-1-S (Special Single Family) for
Tract 3A3 in the D. Moses Survey (located at 7244 Eden Rd. - 1.4 acres) -Ordinance
No. 3007
Case Summary: The applicant is requesting a zoning change on a 1.4 acre parcel. The
proposed rezoning being requested is from AG (Agricultural) to R-1-S (Special Single Family).
At this time the applicant has indicated to staff there are no plans currently to construct a new
home on the property or modify the existing residential structure. The existing residential
structure will remain. This zoning as well as the plat that is being processed concurrently will
simply bring the property into conformance so if such a time occurs re-development can occur.
Plat Status: A final plat application is currently under staff review.
Existing Site Conditions: A residential structure and two accessory buildings are located
on the site.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for
this area.
Thoroughfare Plan: The lot has access and frontage on Eden Road which is designated as a
C4U undivided Major Collector.
Surrounding Zoning /Land Use:
North: R-1 /Residential Structure
East: PD/ Residential Structure
South: R-2 /Residential Structure
West: AG /Residential Structure
Planning and Zoning Commission Recommendation: Approved on July 17, 2008 by a vote
of 6-0.
Staff Recommendation: Approval of Zoning change request: ZC 2008-07, Ordinance No. 3007
Review Schedule:
___
Application:
6/2/08
Final Hearing: 8/11 /08
Staff Review & Scheduling Time: 9 weeks
Applicant Revision Time: 1 week
Total Review Time: 10 weeks
Location Map
ZC 2008-07
Zoning Change
AG to R-1-S
7244 Eden Road
Aerial Photo
PROPERTY OWNER NOTIFICATION
~HL~q NOTICE OF PUBLIC HEARING
,~
x CITY OF NORTH RICHLAND HILLS
~: ~_
~~•.. ~ _:~~ PLANNING AND ZONING COMMISSION
~BXPS CITY COUNCIL
Case #: ZC 2008-07
Applicant: R.T. Koonce
Location: 7244 Eden Road
You are receiving this notice because you are a property owner of record within I
200 feet of the property shown on the attached map.
Purpose of Public Hearing:
A public hearing is being held to consider a request from R.T. Koonce to rezone a
parcel of land from AG to R-1-S (1.4 acres), located on the 7200 Block of Eden Road.
Public Hearing Schedule:
Public Hearing Dates: PLANNING AND ZONING COMMISSION
THURSDAY, July 17, 2008
If recommended for approval by the Planning and Zoning Commission, this
zoning request will be heard by the City Council on:
CITY COUNCIL -MONDAY, August 11, 2008
Both Meetings Time: 7:00 P.M.
Both Meetings Location: CITY COUNCIL CHAMBERS, 7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact: Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300 Fax (817) 427-6303
LIST OF NOTIFIED PROPERTY OWNERS
Rufus Theo Koonce Jr.
7244 Eden Road
Fort Worth TX 7b180
Larry M. Brannan
8954 Hialeah Cir. South
NRH TX 7b180
Philip & Louise Weeks
Weeks Family Trust
7243 Hialeah Circle W
NRH TX 76180
Ronald & Janice Olson
72,47 Hialeah Circle W
Fort Worth TX 7G180
Ted & Linda Hayes
8908 Everglade Drive
Fort Worth TX 76180
Michael & Reisha Moraine
724$ Eden Road
NRH TX 76180
Joseph & Laurie Gebo
7225 Edea Road
Fort Worth TX 76180
W. & E. 4'Daniel Bannister
7223 Eden Road
'_~1RH TX 7b180
Alan & Christine Smith
7113 Melissa Court
Fort Worth TX 76180
5ally~ Redmon
7104 Melissa Court
Fort Warth TX 7b 180
Richard & Joan Williams
7251 Hialeah Circle West
NRH TX 76180
Daniel F. Jackson
8904 Everglade Drive
Fort Worth TX 76180
Paul Harmon Jr.
7305 Eden Road
Fort Worth TX 76180
Luis & Shelley Hernandez
909 Turnberry Lane
Southlake TX 76092
Sarah Molinets
7105 Melissa Court
Fort Worth TX 7b180
Brent Jagow
7112 Melissa Court
NRH TX 7b180
Ronald & Cindy Miller
7105 Nicole Court
Fort Worth TX 76180
Patricia A. Carroll
8912 Everglade Drive
Fort Worth TX 7b180
Larry & Jessica Adams
7252 Eden Road
NRH TX 76180
David & Darla Boswell
7301 Eden Road
NRH TX 7b180
Gerald Lee Bentley
7250 Hialeah. Cir W
Fort Worth, TX ?6180
Edwin & Mary~~ Stephens
7109 Melissa Court
Fort Worth TX 76180
Judy Edens
7108 Melissa Court
Fort Worth TX 76180
Lee & Peggy Smith
7109 Nicole Court
NRH TX 76180
R.W. & Vickie Courtney Frederick ~ Lyn Breitinger Robert & Patricia Stapleton
7113 Nicole Court 7112 Nicole Caurt 7108 Nicole Court
Fort Worth TX 7b180 NRH TX 7b180 Fort Worth TX 76180
ORDINANCE NO. 3007
ZONING CASE ZC 2008-07
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AND REZONING A 1.4143 ACRE TRACT OF
PROPERTY FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL SINGLE
FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in the City at least 15 days before such
hearing; and,
WHEREAS, public hearings to zone the property herein described were held before
both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation concerning the zone change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of the citizens of the City of North
Richland Hills; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance
and the zoning map of the City of North Richland Hills are hereby
amended by rezoning a 1.4143 acre tract of land located in the City of
North Richland Hills, Tarrant County, Texas, more particularly described in
the legal description attached hereto as Exhibit A and the site plan as
Exhibit B from AG (Agricultural) to R-1-S (Special Single Family
Residential) zoning.
Section 2: Any person, firm or corporation violating any provision of the
Comprehensive Zoning Ordinance as amended hereby shall be deemed
guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Two Thousand Dollars ($2,000.00). Each day any
such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
Section 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 11th day of August, 2008.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
EXHIBIT A
FIELD NOTE DESCRIPTION
ALL that certain tract or parcel of land situated in the DAVID h~IQ~ES Si~VEY, ABSTRACT
NQ. 11 S0, in the City of North Richland Hills, Tarrant County, Texas and being a portion of that
same tract of land described in the deed to Rufus ~'. Koanoe, Jr. and wife, Mary Helen Koonce as
recorded in Volume 5305, Page 431, Deed Re~rds, Tarrant County, Texas and being mare
particularly described by metes and bounds as fotlaws=
BEGINNING at a 518 inch steel rod found found for the northwest corner of said Koonce tract, said
rod being in the easterly right-af--way line of Eden Road;
THENCE North 84 degrees 29 minutes 43 seconds East with the northerly boundary line of said
Koonce tract, passing at 10.3 feet the southwest corner of LaFt 18, Block I, Flamingo Estates
Addition, an Addition to the City of IVvrth Richland Hills, Tarrant County, Texas according to the
plat recorded in Valurne 3$8-1bb, Page b, Plat Records, Tarrant County, Texas and continuing with
the northerly boundary line of sand Koonce tract and the southerly boundary line of said Block 1 a
total distance of 378.12 feet to a 1/2 inch capped steel rod stamped "I1~iQAK SURV INC" set for the
northwest corner of that same tract of land described in the deed to Clarence L. Miller and wife,
Emma Ruth Miller as recorded jn Volume 5434, Page 423, Daed Records, Tarrant County, Texas,
said rod being an inner comer of said Black 1;
THENCE South as degrees 42 minutes 26 seconds West wig the westerly boundary line of said
Miller tract and the westerly boundary line of said Block 1 a distance of 1bZ.37 feet to a 112 inch
capped steel rod stamped "M(3AK SURV INC" set in the southerly boundary line of said Koonce
tract, said rod being the southwest corner of said Miller tract and also being in the northerly
baurrdary line of Lot l 2, Block 8R, Eden Addition, an Addition to the City of North Richland Hills,
Tarrant County, Texas according to the plat recorded in Volume 388-1 ?5, Page b8, Plat Records,
Tarrant County, Texas;
THENCE South 83 degrees 59 minutes 55 seconds West with the southerly boundary line of said
Koonce tract and the northerly boundary line of said Block 8R a distance of 377.41 feet to a 112
inch capped steel rod starrrped "MQAK S[JRV INC" set far the southwest earner of said Koonce
tract, said rod being in said right-of--way line;
THENCE North ~ degrees 27 minutes 17 seconds Nest with the westerly rlgtit-of-way line of said
Koonce tract and with said right-of-way line a distance of Ib5.53 feet to the PLACE tJF
BEGIRINING and containing 1.4143 acres of land, more or less as surveyed by Moak Surveyors,
Inc. in the month of May 2048.
Exhibit B
EXCERPT FROM THE MINUTES OF THE JULY 17T"
PLANNING AND ZONING COMMISSION MEETING
ZC 2008-07
Public Hearing and Consideration of a Request from R.T. Koonce to Approve a
Zoning Change from AG (Agricultural) to R-1-S (Special Single Family) for Tract
3A3 in the D. Moses Survey (located at 7244 Eden Rd. -1.4 acres).
Public Hearing opened at 7:08 p.m.
John Morgan, 1105 Cheek Sparger Rd, Colleyville, with Moak Land Surveyors came
forward representing the applicant. They are requesting a zoning change. The
applicant will be demolishing the existing home and build a new home at this location.
Chairman Shiflet asked if the applicant understood that with the zoning R-1-S that it has
to be over an acre?
Mr. Morgan said yes.
Eric Wilhite came forward stating that this is a straightforward zoning change request
from AG to R-1-S. The property is 1.4 acres and they are currently working on a final
plat for this particular plat that you will probably be reviewed at the next meeting. Staff
has reviewed and it is consistent with the comprehensive land use plan. It is a fairly
larger tract than some of the lots that have been subdivided in that area but it still meets
the low density that has been identified on the comprehensive plan. Staff has reviewed
the request and recommends approval.
Public Hearing closed at 7:10 p.m.
APPROVED
Bill Schopper, seconded by Kelly Gent, motioned to approve ZC 2008-07. The
motion was carried unanimously (6-0) Mike Benton was absent.
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 8-11-2008
Presented by: Eric Wilhite Agenda No. C.2
Subject: ZC 2008-09 Public Hearing and Consideration of a Request from Jon
Westrom to amend an RI-PD zoning district site plan to allow for gated entry at
Crestwood Estates Addition, Lots 11 R1-11 R23, Blk. 6 (located in the 8200 Block of
Starnes Rd.) -Ordinance No. 3008
Case Summary: The applicant, Jon Westrom, of Westrom and Walling Developers is
requesting approval of a revision to the originally approved RI-PD site plan approved by
Ordinance 2914 on 1-8-2007.
During construction of the project the developer decided they would like to gate the
subdivision. During the original RI-PD site plan approval, the street was created as a
private street to be owned and maintained by the HOA. Because the street is private
there is no issue with it being gated as there would be if a dedicated as a public street.
However, since during the original RI-PD site plan approval the subdivision was not
indicated as being gated, a revision to the approved site plan is needed. No other
conditions or requirements of the original RI-PD site plan (including fencing, common
open spaces, architectural enhancements) approved by ordinance are being changed
or amended. This revision will simply allow the development to be gated.
The gated feature design has been reviewed by the Development Review Committee.
Both the Fire Marshals office, Police and Public Works have reviewed and determined
the design meets requirements for emergency access and traffic design.
Plat Status: Land area is an existing platted subdivision.
Existing Site Conditions: The lots for the RI-PD are currently under construction.
Comprehensive Plan: Medium density residential uses are depicted for this area.
Thoroughfare Plan: The site has frontage on Starnes Road, a 2 lane, undivided,
Minor Collector with 60 feet of ROW.
Surrounding Zoning /Land Use: North: "C-1" /Commercial South: "R-2" /
Single Family East:"C-1" /Commercial West:"R-2" /Single Family
Planning and Zoning Commission Recommendation: Approved on July 17, 2008 by
a vote of 6-0.
Staff Recommendation: Approval of amendment of RI-PD to allow gated subdivision,
Ordinance No. 3008
Review Schedule:
Application: 6/9/08 Applicant Revision Time: 2 weeks
Final Hearing: 8/11/08 Total Review Time: 9 weeks
Staff Review & Scheduling: 7 weeks
Location Map
ZC 2008-09
Zoning Change
RI-PD to RI-PD Gated
8200 Block of Starnes Road
Aerial Photo
PROPERTY OWNER NOTIFICATION
~_~ ~~ ~x
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION
CITY COUNCIL
Case #: ZC 2008-09
Applicant: Jon Westrom
Location: 8200 Block of Starnes Road
You are receiving this notice because you are a property owner of record within I
200 feet of the property shown on the attached map.
Purpose of Public Hearing:
A public hearing is being held to consider a request from Jon Westrom to revise an RI-
PD zoning district to allow for a gated entry; located on the 8200 Block of Starnes Road.
Public Hearing Schedule:
Public Hearing Dates: PLANNING AND ZONING COMMISSION
THURSDAY, July 17, 2008
If recommended for approval by the Planning and Zoning Commission, this
zoning request will be heard by the City Council on:
CITY COUNCIL
MONDAY, August 11, 2008
Both Meetings Time: 7:00 P.M.
Both Meetings Location: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Planning Department -City of North Richland Hills
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Phone (817) 427-6300 Fax (817) 427-6303
LIST OF NOTIFIED PROPERTY OWNERS
Maryellen Grimes Albert & Martha Bertram Victor 8< Cordell Noble
Maryellen E Grimes Living Trust 7400 Forrest Lane 8128 Sayers Lane
8208 Starnes Rd Fort Worth, TX 76180 Fort Worth, TX 7fi180
Fort Worth, TX 76180
Westrom 8~ walling Developers Janice K. Roper Douglas & Donna Curry
1500 Brown Trail Ste 205 7432 Forrest Lane 7459 Timberhill Dr
Bedford TX 7fi0Z2 N. Richland Hills, TX 76180 Fort Worth, TX 76180
DBT Porcupine WD2 Joseph & Tami Gieder Jeremy Jones
Doug Jennings 7424 Forrest Lane
500 W 13~' Street Ste 100 7313 Crabtree Lane Fort Worth TX 76180
Ft. Worth, TX 76102 N. Richland Hills, TX 761$0
Clarence & Carolyn Miller Jack W Vise Michael & Amber Barnhill
7468 Timberhill Dr 7420 Forrest Lane 7421 Forrest Lane
Fort Worth, TX 76180 Fort Worth, TX 7fi180 Fort worth, TX 76180
Shari bells Terry & Denna Mizell Jennifer & Joan Wilson
7416 Forrest Lane 9025 Tyne Trail 7412 Forrest Lane
NRH TX 761 BO Ft. Worth, TX 76118 N. Richland Hills, TX 75180
Mary E Endicott Frank ..I. Molinets Marvin D Smith
7340 Timberidge Dr 7413 Forrest Lane 8004 Main Street
N. Richtand Hills, TX 78180 Fort worth, TX 76180 N. Richland Hilts, TX 76180
David & Denise Tober Jerry Mollett Jr Allan & Susan Fitzwater
7337 Timberidge Dr 7404 Forrest Lane 7409 Forrest Lane
Fort Worth, TX 75180 N. Richland Hills, TX 76180 N. Richland Hills, TX 751$0
Morris 8~ Judith Ghandi Mark 8~ Carolyn Johnson Dianne Angwin
7336 Timberidge Dr PO Box 1035 $59 S White Chapel Road
Fort Worth TX, TX 76180 Ashburn, VA 20146 Sau#hlake TX 75092
Aaron ~ Amy Reale Ulizabeth walker Nancy $t Teresa Duncan
8204 Starnes Rd $121 Starnes Rd 7320 Forrest Court
N. Richland Hills, TX 76180 Fort Worth, TX 76180 Fort Worth, TX Tfi180
Karen Jo Saunders Brian & Donna Bradley Audra G Bishop
7329 Timberidge Dr 7316 Forrest Court 7321 Forrest Court
Fart Worth, TX 76180 N. Richtand Hills, TX 76180 Fort worth, TX 76180
LIST OF NOTIFIED PROPERTY OWNERS (CONT.)
Gateway Church
Attn: Tom Lane
2121 E. Southlake Blvd. Bldg. B
Sou#hlake TX 76x92
ORDINANCE NO. 3008
ZONING CASE ZC 2008-09
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A
3.672 ACRE TRACT OF PROPERTY ZONED RI-PD (RESIDENTIAL
INFILL PLANNED DEVELOPMENT) BY ADOPTING AN AMENDED
SITE PLAN ALLOWING GATED ENTRY; ESTABLISHING A
PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in the City at least 15 days before such
hearing; and,
WHEREAS, public hearings to zone the property herein described were held before
both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation concerning the zone change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of the citizens of the City of North
Richland Hills; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance
and the zoning map of the City of North Richland Hills are hereby
amended by rezoning a 3.672 acre tract of land located in the City of
North Richland Hills, Tarrant County, Texas, more particularly described in
the legal description attached hereto as Exhibit A by amending the RI-PD
(Residential Infill Planned Development) attached hereto as Exhibit B to
allow gated entry.
Section 2: Any person, firm or corporation violating any provision of the
Comprehensive Zoning Ordinance as amended hereby shall be deemed
guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Two Thousand Dollars ($2,000.00). Each day any
such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
Section 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED on this 11th day of August, 2008.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
EXHIBIT A
STATE (~F TEXAS ~ ~
COUNTY OF TARR.ANT } ~
Wl-fEREAS, Westrom & Walling Developers, L.P., acting by and through the undersigned, its
duly authorized agent, is the sole owner of a tract of Iand situated in the W.D. Barnes Survey,
Abstract Na. 14~ in the City of North Richland Hills, Tarrant County, Texas, and being all of
that same tract conveyed to Westrom & Walling Developers, by warranty deed recorded in
Tarrant County Clerk's File No. (T.C.C.I.No.} D2072287~1 of the Deed Records of Tarrant
Caurity, Texas (D.R.T.C.T.), said tract also being a portion of Lot 11, Block 6, Crestwood
Estates, being an addition to the City of North Richland Hills, according to the plat recorded in
Cabinet A, Slide 3413 of the Plat Records of Tarrant County, Texas (F.R.T.C.T.}, said tract
being more particularly described by rrtetes and bounds as follows:
BEGfNNING at a ~~z" iron rod with cap stamped "IvIOAK SURV INC" found at the southeast
property corner of the said Lot 11, Block ~6, said beginning point being the southwest property
corner of Tract AR, Block ~ of the said Crestwood Estates, said beginning point also being on
the existing earth right-of--way line of Starnes Road, being a b0' public right-af--way, said
beginning point also being at the beginning of a curve to the left having a radius of 901.f5 feet;
THENCE in a Southwesterly direction, slang the south property line of the said Lot 11, Block 6,
along the said north right-of--way line Starnes Road and along the said curve an arc length of
259.04 feet, through a central angle of 16° 27' 39" and across a chard having a direction of South
54° 20' 40" West and a chord length of 25$.15 feet to a s~$" iron rod found;
THENCE South 46° 06' S0" West, continuing along the said property line and along the said
right-of--way line, a distance of 15.27 feet to a iiz" iron rod found at the southwest property
corner of the said Lat 1 1, Block ~, said point being the east property corner of Lot 9, Block b,
Crestwood Estates, being an addition to the City afNorth Richland Hills, according to the plat
recorded in ~Valume 3$8-101, Pages 54-55 o#'the F.R.T.C.T., said point also being at the
beginning of a curve to the right
having a radius of 532.14 feet;
THENCE in a Northerly direction, along the west property line of the said Lot 11, Block ~,
Crestwood Estates (Cab. A, Std. 3413}, along the east property line of Block 6, Crestwood
Estates ~~ol. 388-101, Pg. 54-55}and along the said curve an arc length of 393.29 feet, through a
central angle of 42° 2Q' 4S" and across a chard having a direction of North 21 ° 17' 32" West and
a chord length of 384.40 feet to a i~z" iron rod with cap stamped "SPOONER RPLS 4183" set;
THENCE North Oa° 14' 11" West, continuing along the said property lines, a distance of 254.$7
feet to a 112" iron rod with cap stamped "SPaONER RPLS 4183" set at the northwest property
corner of the said Lat 11, Block 6, Crestwood Estates tCab. A, Sld. 34 i 3}, said point also being
the northeast property corner of Lot 1, Block 6, Crestwood Estates Vol. 388-101, Pg. 54-55};
THENCE North 89° 43' 08" East, along the north property Line of the said Lot 11, flock G,
Crestwood Estates Cab. A, Sld. 3413}, 290.22 feet to a 1!2" iron rod with cap stamped
"SPOONER RPLS 4183" set for corner, said point being the southwest property corner of a tract
EXHIBIT A (CONT.)
of land conveyed to Gateway Church by deed as recorded in T.C.C.I.No. D2064Q7692 of the
I~.R.T.C.T.;
THENCE South 00° 22' S3" East, along the east property line of the said Lot 11, Block ~,
Crestwood Estates (Cab. A, Sld. 3413}, and along the west property line of the said Tract AR,
Block ~, Crestwood Estates tCab. A, Sld. 3413), at 11.15 feet passing a tip" iron rod with cap
stamped "1Vi0AK SiJR~1 INC" found at the northeast property corner of the said Tract AR=
Block 6, Crestwood Estates Cab. A, Sld. 3413} continuing in all a total distance of 164.36 feet
to a tie" Iran rod with cap stamped "MOAK SU1~V INC" found for corner, said point being at the
beginning of a curve to the left having a radius of 532.14 feet;
THENCE in a Southerly direction, continuing along the said east property Tine of the said Lat 11,
Black 6, Crestwood Estates Cab. A, Sld. 3413), and along the said west property line of Tract
AR, Block 6, Crestwood Estates (Cab. A, Sld. 3413} and along the said curve an arc length of
301.42 feet, through a central angle of 32° 27' 14" and across a chord having a direction of South
13° 37` 53" East and a chard length of 297.40 feet to the Point of Beginning, containing 3.673
acres (159,997.9 Sq. Ft.} of land mare or less.
Exhibit B
EXCERPT FROM THE MINUTES OF THE JULY 17, 2008
PLANNING AND ZONING COMMISSION MINUTES
ZC 2008-09
Public Hearing and Consideration of a Request from Jon Westrom to Revise an
RI-PD zoning district to allow for gated entry at Crestwood Estates Addition, Lots
11R1-11R23, BIk.6 (located in the 8200 Block of Starnes Rd.).
Public Hearing opened 7:10 p.m.
Barry Walling, 8200 Starnes, NRH, came forward requesting to change the entrance to
Crestwood Estates to a gated entrance. There would be gates at both sides of the
subdivision going in and out.
Chairman Shiftlet asked if that would be the only change?
Mr. Walling said yes.
Steven Cooper asked if they would still maintain quite a few of the trees?
Mr. Walling said yes, most of the trees will remain. They will be removing some of the
smaller caliper trees and they will move the fence in and out to go around the big trees.
Eric Wilhite came forward stating this is a request to revise a PD site plan that was
approved in January 2007. The RI-PD's are particular in the criteria and requirements
for the layout and site plan in the ordinance. When the applicant came to staff to
request to gate this subdivision staff felt that since it is a significant change it was
deemed most appropriate to bring it back before P & Z and City Council for approval.
When this was platted and done through the RI-PD it was dedicated and done as a
private street. If someone wanted to come in and gate a subdivision that is not a private
street they would have to go through the Special Use Permit process. Staff has
reviewed the gate layout for traffic safety for the denied access and the location of the
call box. Those types of things were discussed at DRC and there are some additional
notes regarding that on the RI-PD exhibit. All of the other conditions for minimum
square footage and elevation treatments, the preservation of tree masses around the
front common area have also been discussed. They will submit a building permit and
there will be notes made that they must articulate around the larger trees. Staff has
reviewed and recommends approval.
Public Hearing closed 7:15 p.m.
APPROVED
Kelly Gent, seconded by Steven Cooper, motioned to approve ZC 2008-09. The
motion was carried unanimously (6-0) Mike Benton was absent.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. D.0
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
No items for this category.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. E.0
Subject: PUBLIC WORKS
CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 8-11-2008
Presented by: Mike Curtis Agenda No. E.1
Subject: PW 2008-020 Award a Professional Services Agreement in the amount of
$100,000 to Dannenbaum Engineering, Inc. for the Shady Grove Road Street
Improvements Project (Davis to Clay-Hibbins)
This Capital Improvements Project (CIP) will consist of the design of Shady Grove Road from
Davis Boulevard to Clay-Hibbins Road. The estimated cost of the entire project is $1,030,000.
The project's design will include the widening of the roadway from the existing 18-feet wide
asphalt street to a 40-feet wide concrete collector street in compliance with the City's Master
Thoroughfare Plan (a Minor Collector with 2 undivided lanes). Staff followed the City's policy for
procuring professional services for the design of this project. Requests for Proposals were
initially sent to 36 local engineering firms; 24 firms responded by submitting proposals to the
City. Due to the similar nature of the projects, a joint committee was assembled to select a
design consultant for both the Shady Grove Road and Douglas Lane projects. The selection
committee was comprised of five North Richland Hills staff members representing Public Works,
Parks & Recreation, Police, and Planning. Although two Public Works staff members
participated in the committee, Public Works was permitted only one vote for each of the two (2)
projects. For the Shady Grove Road project, the committee evaluated the 24 proposals and
selected the top four firms based on each firm's design experience on similar projects, current
work load, proposed project approach and estimated design schedule.
The top four firms chosen by the committee were: Dannenbaum Engineering, Inc., Teague, Nall
& Perkins, Inc., Lopez Garcia Group, and Halff Associates. The designated project manager
from each of these four (4) firms was asked to attend an interview with the selection committee.
Following the interviews, the committee chose Dannenbaum Engineering, Inc. as the top firm.
Dannenbaum Engineering is a Texas based firm that has been providing professional
engineering services for more than 60 years. With over 40 employees locally and over 200
statewide, Dannenbaum has both the manpower and expertise to tackle even the most
challenging engineering assignments.
The contract includes all items necessary to perform the engineering design services, including
survey. The contract fee of $100,000 is lump sum, and consists of basic design, surveying, and
franchise utility coordination. There is sufficient funding for design services in the 2007-2008
Capital Projects Budget. If approved by Council, the firm can begin its design work in August,
and the completion of the design and plans are proposed to be complete by April, 2009 with
advertising for bids in May, 2009
Recommendation: To approve the professional services agreement for the Shady Grove Road
Street Improvements Project (Davis to Clay-Hibbins) to Dannenbaum Engineering, Inc. in the
amount of $100,000 and authorize the City Manager to execute such agreement.
Shady Grove Rd
Street
Improvements
(Davis Blvd to
Clay-Hibbins Rd)
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE
CITY OF NORTH RICHLAND HILLS
AND
DANNENBAUM ENGINEERING COMPANY -FORT WORTH, LLC
This Agreement is executed by and between the City of North Richland Hills, a
municipal corporation located in Tarrant County, Texas, acting by and through Larry J.
Cunningham, its duly authorized City Manager (hereinafter called "CITY"), and
Dannenbaum Engineering Company -Fort Worth, LLC, a Texas corporation, acting by
and through Gary W. Fisher, P.E.; its duly authorized President (hereinafter called
"ENGINEER").
WITNESSETH, that CITY desires professional engineering services in connection
with the Shady Grove Road Paving Improvements.
NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
II. PROJECT
In this Agreement, the "PROJECT" means the engineering design of the Shady
Grove Road from Davis Blvd. to Clay Hibbins Road in accordance with the Public Works
Design Manual, applicable CITY codes, regulations and standards.
III. BASIC AGREEMENT
ENGINEER is an independent contractor and undertakes and agrees to perform
professional engineering services in connection with the PROJECT, as stated in the
sections to follow. It is understood and agreed that ENGINEER is not and will not by
virtue of this contract be deemed to be an agent or employee of CITY and that CITY will
not be entitled to direct the performance by ENGINEER's employees or subcontractors
of the tasks contemplated by this contract. All engineering services shall be performed
with diligence and in accordance with professional standards customarily obtained for
such services in the State of Texas. For rendering such services CITY agrees to pay
ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation".
IV. SCOPE OF ENGINEER'S SERVICES
ENGINEER shall render the professional services necessary for development of the
PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as
detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto
and incorporated herein for all purposes. ENGINEER shall be responsible, to the level
of competency presently maintained by other practicing professional engineers in the
same type of work in the Dallas/Fort Worth Metroplex area, for professional and
technical soundness, accuracy, and adequacy of all designs, drawings, specifications,
and other work and materials furnished under this Agreement.
V. SPECIAL ENGINEERING SERVICES
The CITY will pay the ENGINEER for Special Engineering Services as indicated in
Exhibit C: "Special Engineering Services", attached hereto and made a part of this
Agreement.
VI. ADDITIONAL ENGINEERING SERVICES
The CITY will pay the ENGINEER for Additional Engineering Services as indicated
in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this
Agreement.
VII. SCOPE OF CITY SERVICES
The City will furnish items and perform those services as identified in Exhibit E:
"Services to be provided by the City", attached hereto and made a part of this
Agreement.
VIII. COMPENSATION
A. In consid eration of the services described herein, CITY shall pay and ENGINEER
shall receive compensation in accordance with Exhibit F: "Compensation".
B. To tal payments including without limitation salary and reimbursable expenses, to
ENGINEER by CITY for the services stated in Section IV and Section V above
shall not exceed One Hundred Thousand Dollars ($100,000.00).
C. CITY may authorize additional services to be provided by ENGINEER as
mutually agreed upon by the parties. Any authorization for additional services
shall be given to ENGINEER by CITY in writing and approved by CITY.
D. CITY and ENGINEER understand that the variables in ENGINEER's cost of
performance may fluctuate. The parties agree that any fluctuation in
ENGINEER's costs will in no way alter ENGINEER's obligations under this
Agreement nor excuse performance or delay on ENGINEER's part.
IX. OWNERSHIP OF DOCUMENTS
All completed or partially completed evaluations, reports, surveys, designs, drawings
and specifications prepared or developed by ENGINEER under this Agreement,
including any original drawings, computer disks, mylars or blue lines, shall become the
property of CITY when the Agreement is concluded or terminated, and may be used by
CITY in any manner it desires; provided, however, that ENGINEER shall not be liable
for the use of such drawings for any project other than the PROJECT described in this
Agreement.
X. INDEMNITY
ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON
ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY
PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE
ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS,
SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION,
OR PERFORMANCE OF THIS AGREEMENT.
Approval by CITY of contract documents shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees
and subconsultants, for the accuracy and competency of the services performed under
this Agreement, including but not limited to evaluations, reports, surveys, designs,
working drawings and specifications, and other engineering documents. Approval by
CITY shall not be deemed to be an assumption of such responsibility and liability by
CITY for any error, omission, defect, deficiency or negligence in the performance of
ENGINEER's professional services or in the preparation of the evaluations, reports,
surveys, designs, working drawings and specifications or other engineering documents
by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of
the parties that approval by CITY signifies CITY's approval of only the general design
concept of the improvements to be constructed.
In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY
and all of its officers, agents, servants, and employees harmless from any loss,
damage, liability or expenses, on account of damage to property and injuries, including
death, to any and all persons, including but not limited to officers, agents or employees
of ENGINEER or its subconsultants, and all other persons performing any part of the
work and improvements, which may arise out of any negligent act, error, or omission in
the performance of ENGINEER's professional services or in the preparation of
evaluations, reports, surveys, designs, working drawings, specifications and other
engineering documents incorporated into any improvements constructed in accordance
therewith; ENGINEER shall defend at its own expense any suits or other proceedings
brought against CITY and its officers, agents, servants and employees or any of them
on account of the foregoing described negligent acts, errors or omissions, and shall pay
all expenses and satisfy all judgments which maybe incurred by or rendered against
CITY, its officers, agents, servants and employees or any of them, in connection with
the foregoing described negligent acts, errors, or omissions; provided and except
however, that this indemnification provision shall not be construed as requiring
ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or
employees harmless from any loss, damages, liability or expense, on account of
damage to property or injuries to persons caused by defects or deficiencies in design
criteria and information furnished to ENGINEER by CITY, or any deviation in
construction from ENGINEER's designs, working drawings, specifications or other
engineering documents.
XI. INSURANCE
For the duration of this Agreement, ENGINEER shall maintain the following
minimum public liability and property damage insurance which shall protect ENGINEER,
its subcontractors, its subconsultants and CITY from claims for injuries, including
accidental death, as well as from claims for property damage which may arise from the
performance of work under this Agreement. ENGINEER shall provide a Certificate of
Insurance verifying that the following minimum limits of coverage are provided:
A. W orker's Compensation Insurance:
Statutory requirements ($ 300,000 minimum)
B. Compre hensive General Liability and Bodily Injury:
Bodily Injury $ 500,000 per person, or
$ 1,000,000 per occurrence; and
Property Damage $ 100,000 each occurrence; or
Combined Single Limit $ 1,000,000 aggregate
C. Comprehensive Automobile Liability:
Bodily Injury $ 500,000 per person, or
$ 1,000,000 per occurrence; and
Property Damage $ 100,000 each occurrence; or
Combined Single Limit $ 1,000,000 aggregate
D. Professional Liability:
Errors and Omissions $ 1,000,000
The Certificate of Insurance shall contain a provision that such insurance cannot be
canceled or modified without thirty (30) days prior written notice to CITY.
XII. ARBITRATION
No arbitration arising out of or relating to this Agreement shall occur without both
parties' written approval.
XIII. TERMINATION AND SUSPENSION
A. CITY may terminate this Agreement at any time for convenience or for any cause
by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate
this Agreement in the event the other party fails to perform in accordance with
the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall
immediately discontinue all services and work and the placing of all orders or the
entering into contracts for supplies, assistance, facilities, and materials, in
connection with the performance of this Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to this Agreement.
B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall
pay ENGINEER a reasonable amount for services performed prior to such
termination, which payment shall be based upon the payroll cost of employees
engaged on the work by ENGINEER up to the date of termination of this
Agreement and for subcontract and reproduction in accordance with the method
of compensation stated in Section VIII: "Compensation" hereof. In the event of
termination, the amount paid shall not exceed the amount appropriate for the
percentage of work completed.
XIV. SUCCESSORS AND ASSIGNS
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party of this Agreement and to the successors,
executors, administrators and assigns of such other party in respect to all covenants of
this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or
transfer its interest in this Agreement without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or
agent of CITY.
XV. AUTHORIZATION, PROGRESS, AND COMPLETION
CITY and ENGINEER agree that the PROJECT is planned to be completed in
accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a
part hereof. ENGINEER shall employ manpower and other resources and use
professional skill and diligence to meet the schedule; however, ENGINEER shall not be
responsible for schedule delays resulting from conditions beyond ENGINEER's control.
With mutual agreement, CITY and ENGINEER may modify the Project Schedule during
the course of the PROJECT and if such modifications affect ENGINEER's
compensation, it shall be modified accordingly, subject to City Council approval.
For Additional Engineering Services, the authorization by CITY shall be in writing
and shall include the definition of the services to be provided, the schedule for
commencing and completing the services and the basis for compensation as agreed
upon by CITY and ENGINEER.
It is understood that this Agreement contemplates the full and complete Engineering
services for this PROJECT including any and all services necessary to complete the
work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein
shall be construed as authorizing additional fees for services to provide complete
services necessary for the successful completion of this PROJECT.
XVI. SUBCONTRACTS
ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of
the services to be performed by ENGINEER under this Agreement.
XVII. RIGHT TO AUDIT
ENGINEER agrees that CITY shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and photocopy
any directly pertinent books, design calculations, quantity take-offs, documents, papers
and records of ENGINEER involving transactions relating to this Agreement.
ENGINEER agrees that CITY shall have access during normal working hours to all
necessary ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. CITY
shall give ENGINEER reasonable advance notice of intended audits.
ENGINEER further agrees to include in all its subconsultant agreements hereunder
a provision to the effect that the subconsultant agrees that CITY shall, until the
expiration of three (3) years after final payment under the subcontract, have access to
and the right to examine and photocopy any directly pertinent books, design
calculations, quantity take-offs, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that CITY shall have access
during normal working hours to all subconsultant facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of this article. CITY shall give subconsultant reasonable advance notice of
intended audits.
XVIII. EXHIBITS
Both parties agree to the following exhibits and as such, the following exhibits are
made a part of this Agreement:
Exhibit "A" Project Schedule
Exhibit "B" Basic Engineering Services
Exhibit "C" Special Engineering Services
Exhibit "D" Additional Engineering Services
Exhibit "E" Services to be Provided by the City
Exhibit "F" Compensation
Exhibit "G" Conflict of Interest Questionnaire
XIX. MISCELLANEOUS
A. Auth orization to Proceed. Signing this Agreement shall be construed as
authorization by CITY for ENGINEER to proceed with the work, unless otherwise
provided for by separate written authorization.
B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER
against the other to enforce any of the obligations hereunder or arising out of any
dispute concerning the terms and conditions of this Agreement, the losing party
shall pay the prevailing party such reasonable amounts for fees, costs and
expenses as may be set by the court.
C. Notices. Any notice or correspondence required under this Agreement shall be
sent by certified mail, return receipt requested, or by personal delivery and shall
be effective upon receipt, if addressed to the party receiving the notice or
correspondence at the following address:
If to ENGINEER:
Dannenbaum Engineering Company -Fort Worth, LLC
Attn: Gary W. Fisher, P.E.
6421 Camp Bowie Blvd., Suite 400
Fort Worth, Texas 76116
If to CITY:
City of North Richland Hills
Attn: Ms. Caroline Waggoner, P.E.
7301 N.E. Loop 820
North Richland Hills, Texas 76180
D. Independent Contractor. ENGINEER shall perform services hereunder as an
independent contractor, and not as an officer, agent, servant or employee of the
CITY and ENGINEER shall have the exclusive right to control services performed
hereunder by ENGINEER, and all persons performing same, and shall be
responsible for the negligent acts and omissions of its officers, agents,
employees, and subconsultants. Nothing herewith shall be construed as creating
a partnership or joint venture between CITY and ENGINEER, its officers, agents,
employees and subconsultants; and the doctrine of respondent superior has no
application as between CITY and ENGINEER.
E. Venu e. This Agreement shall be governed by the laws of the State of Texas,
and venue in any proceeding relating to this Agreement shall be in Tarrant
County, Texas.
F. Entire Agreement. This Agreement represents the entire and integrated
agreement between CITY and ENGINEER and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both CITY and ENGINEER.
G. Severability. If any provision in this Agreement shall be held illegal by a valid
final judgment of a court of competent jurisdiction, the remaining provisions shall
remain valid and enforceable.
H. Assignment. CITY and ENGINEER each bind themselves, their heirs,
successors and assigns, to the other party to this Agreement and to the
successors and assigns of each other party in respect to all covenants of this
Agreement. This Agreement is not to be assigned, sublet or transferred, in whole
or in part, by either CITY or ENGINEER without the prior written consent of the
other party.
I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it
has made full disclosure in writing of any existing conflicts of interest or potential
conflicts of interest, including personal financial interests, direct or indirect, in
property abutting the PROJECT and business relationships with abutting
property owners. ENGINEER further warrants that it will make disclosure in
writing of any conflicts of interest which develop subsequent to the signing of this
Agreement and prior to final payment under this Agreement.
This Agreement is executed in two (2) counterparts.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this
the
day of
CITY OF NORTH RICHLAND HILLS
(CITY)
By:
Larry J. Cunningham, City Manager
Date:
ATTEST:
City Secretary
. 20
Dannenbaum Engineering Company -
Fort Worth, LLC
(ENGINEER)
By:
Gary W. Fisher, P.E., President
Date:
ATTEST:
Notary Public in and for the State of
Texas
Type or Print Notary's Name
My Commission Expires:
CI TY SEAL CORPORATE SEAL
EXHIBIT A
PROJECT SCHEDULE
FOR
SHADY GROVE ROAD PAVING IMPROVEMENTS PROJECT
(Davis Boulevard to Clay Hibbins Road)
PROJECT SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
Activity
Pre-Scope Meeting
Complete Preliminary Plans
Identify Necessary Easements/ROW
Complete Final Plans
Advertise for Construction Bids
Open Construction Bids
Due Date
August 18, 2008
January 16, 2009
November 7, 2008
April 24, 2009
May 2009
Last Week of May 2009
Begin Construction Middle of June 2009
EXHIBIT B
BASIC ENGINEERING SERVICES
FOR
SHADY GROVE ROAD PAVING IMPROVEMENTS PROJECT
(Davis Boulevard to Clay Hibbins Road)
The scope of work for BASIC Engineering Services involves Preliminary Design, Project
Plans, Specifications and Opinions of Construction Costs on Roadways and Storm
Drainage.
I. GENERAL
A. Design Meetings
1. The ENGINEER will meet with the CITY's staff during the development of the
preliminary, and final plan phases of the PROJECT.
B. Project Man agement, Administration and Coordination
1. The ENGINEER will establish and maintain PROJECT schedules and
budgets, develop monthly progress reports, prepare invoices, and meet with
other entities on an as needed basis for the duration of the PROJECT's
design.
2. Supervision of Subconsultants
The ENGINEER will establish a work program and schedule for each
subconsultant at the beginning of each phase/section of the PROJECT. The
ENGINEER will be responsible for the coordination, supervision, review and
incorporation of work perFormed by subconsultants.
C. Data Collection
1. The ENGINEER will collect, compile and evaluate existing data collected from
the CITY, or other entities that supply needed existing information for the
design of the PROJECT.
2. A location map/schematic will be provided to the affected utility companies.
These schematics will be used by the utility companies to show approximate
locations of their facilities which are or may be affected by the PROJECT.
3. The ENGINEER, with assistance from the CITY, will make every effort to
obtain As-Built Drawings, Record Drawings and/or future plans for the
following facilities in the PROJECT area including:
- Roadway
- Culverts
- Water Lines
- Sanitary Sewer Lines
- Storm Drain Lines
- Underground and/or Overhead Telephone /Communication Lines
- Underground and/or Overhead Electric Lines
- Gas Lines
- Other Utilities Known to Serve the PROJECT Area
Plot the preliminary information obtained above for later use in the field to
help surveyors tie existing utility locations. The locations of utilities tied from
field surveys will be shown on the paving and drainage plans.
4. The ENGINEER will identify potential utility conflicts and provide this
information to utility companies.
II. PRELIMINARY DESIGN PHASE
A. Roadway Design
1. The ENGINEER will develop a preliminary design of proposed roadway
improvements. The preliminary design will include the proposed horizontal
and vertical alignments. These plan sheets will be at a 1" = 20' scale and
contain topographic information, existing right-of-way lines, locations of
driveways, typical sections, roadway baselines, pavement edges, contours
where necessary, limits of structures, limits of retaining walls, if any, drainage
structures including pipes, limits of sidewalks, limits of barriers and any other
information necessary for pavement construction. Profiles at 1" = 20'
horizontal scale and 1 " = 4' vertical scale will contain existing ground lines at
the proposed profile grade line, limits of structures and profile elevations at
100' intervals. Upon completion, the preliminary design will be submitted to
the CITY for review. The preliminary design must be approved by the CITY
prior to the start of the final design phase.
2. The ENGINEER will prepare cross-sections along roadways at minimum 50'
intervals and will extend 20' beyond the existing right-of-way. These
cross-sections will form the basis for the determination of earthwork
quantities. Cut and fill quantities will be computed and tabulated, referencing
cross-sections. Cross-sections will not be included in the plans.
B. Other Ro adway Design Elements
1. A Project Title Sheet will be prepared as required and included in the Plans.
2. Roadway typical pavement sections will be prepared along the roadway of the
PROJECT.
3. Roadway horizontal and vertical control and horizontal curve data will be
shown on the plans.
4. Sidewalk locations and widths will be shown on the plans.
5. Supplementary intersection layout information will be prepared to properly
show the relationship between the profiles of intersecting streets, where
deemed necessary by the ENGINEER.
6. Miscellaneous paving details will be developed as necessary to describe
various types of construction such as sidewalks, curbs, etc. when no such
CITY standard details are available.
C. Drainage Plans and Details
1. Drainage area maps will be prepared at a minimum scale of 1" = 1,000', using
available contour maps. Inlets will be located and sub-drainage areas
determined. The runoff to each inlet will be calculated in accordance with City
drainage criteria.
2. Culvert Plans/Profiles sheets and cross-sections, if necessary, will be
provided for new culvert construction.
3. Storm Sewer Design
The ENGINEER will incorporate storm sewer design into the roadway design
sheets. These sheets will show the location of inlets, manholes, storm
sewers, slotted drains, culverts, and open channel improvements in relation to
the PROJECT's roadways. Profiles will show profile information for the
proposed storm sewer trunk lines, proposed ground above the storm sewers,
existing ground above the storm sewers, and locations of lateral junctions.
Profiles of laterals will not be shown unless a proposed or existing utility
crosses the lateral. Computation sheets will be prepared for storm sewers,
culverts, slotted drains and inlets.
4. Miscellaneous Drainage Details
Miscellaneous drainage details will be prepared for any drainage related
items which are not covered by City standard details.
D. Quantities and Opinion of Probable Construction Cost
1. PROJECT quantities will be calculated and tabulated for inclusion in the bid
proposal and opinion of probable construction cost. In providing opinions of
cost, financial analyses, economic feasibility projections, and schedules for
the Project, the Engineer has no control over cost or price of labor and
materials; unknown or latent conditions of existing equipment or structures
that may affect operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance by third
parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
Project cost or schedule. Therefore, the Engineer makes no warranty that the
City's actual Project costs, financial aspects, economic feasibility, or
schedules will not vary from the Engineer's opinions, analyses, projections, or
estimates.
2. The ENGINEER's opinion of probable construction costs will be prepared for
the entire PROJECT using available unit cost data.
E. Sub mit Preliminary Plans for Review
1. Submit two (2) sets of preliminary plans for CITY review.
2. Submit plans to utility companies for review.
III. FINAL DESIGN PHASE
A. Prepare Fin al Design Plans
1. Incorporate CITY review comments and directives from the preliminary design
plans, in the preparation of final construction plans.
B. Calculate Fin al Quantities and Opinion of Probable Construction Cost
1. Revise the preliminary quantities and opinion of probable costs per changes
in the final design and CITY review comments.
C. Prepare Contract Documents and Specifications
1. Compile special provisions necessary for the PROJECT.
2. Compile specifications necessary for the PROJECT. Any special
specifications will also be prepared. The CITY will provide a copy of their
contract documents in digital format.
3. Compile and develop a list of general notes necessary for the PROJECT.
4. Prepare complete contract documents and specifications for bidding
purposes.
D. Submit final plans, specifications, and opinion of probable construction cost for
CITY review
1. Submit two (2) sets of final bid documents for CITY review and approval.
2. Submit detailed drawings and plans/specifications to appropriate regulatory
agency(ies), if any, and utility companies and obtain clearance.
IV. CONSTRUCTION PHASE
A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall
bear the cost of advertisement. The ENGINEER shall provide all necessary
printing of construction plans, specifications and contract documents for use in
obtaining bids, awarding contracts, and constructing the PROJECT. The
ENGINEER shall be responsible for dispersing all plans and specifications from
its office to prospective bidders.
B. Assist the CITY in the opening and tabulation of the construction bids for the
PROJECT and recommend to the CITY as to the proper action on all proposals
received. The CITY will prepare the bid tabulation.
C. Assist in the preparation of formal Contract Documents and in coordinating their
execution by the respective parties.
D. Represent the CITY in the non-resident administration of the PROJECT. In this
capacity, the ENGINEER shall have the authority to exercise whatever rights the
CITY may have to disapprove work and materials that fail to conform to the
Contract Documents when such failures are brought to the ENGINEER's
attention. (This function of ENGINEER shall not be construed as supervision of
the PROJECT and does not include on-site activities other than occasional site
visits to observe overall PROJECT conditions or when specifically requested by
CITY to visit on site for a particular matter. It particularly does not involve
exhaustive or continuous on-site inspection to check the quality or quantity of the
work or material; nor does it place any responsibility on the ENGINEER for the
techniques and sequences of construction or the safety precaution incident
thereto, and ENGINEER will not be responsible or liable in any degree for the
Contractor's failure to perform the construction work in accordance with the
Contract Documents.)
E. Consult and advise the CITY; issue such instructions to the Contractor as in the
judgment of the ENGINEER are necessary; and prepare routine change orders
as required.
F. Review samples, catalog data, schedules, shop drawings, laboratory, shop and
mill tests of material and equipment and other data which the Contractor is
required to submit, only for conformance with the design concept of the
PROJECT and compliance with the information given by the Contract
Documents; and assemble written guarantees which are required by the Contract
Documents.
G. Prepare or review monthly and final estimates for payments to Contractor, and
furnish to the CITY any necessary certifications provided by the Contractor, as to
payments to subcontractors and suppliers.
H. Conduct, in company with the Contractor, a final inspection of the PROJECT for
conformance with the design concept of the PROJECT and compliance with the
Contract Documents; and approve in writing final payment to the Contractors.
I. Revise contract drawings, with the assistance of the CITY's Resident PROJECT
Representative to reflect available information as to how the work was
constructed. The CITY's Resident PROJECT Representative will provide the
ENGINEER ared-lined set of drawings depicting changes during construction.
The ENGINEER shall revise original design drawings, noting changes during
construction, and submit three (3) sets of Record Drawings and one CD-ROM
(pdf format) to the CITY.
EXHIBIT C
SPECIAL ENGINEERING SERVICES
FOR
SHADY GROVE ROAD PAVING IMPROVEMENTS PROJECT
(Davis Boulevard to Clay Hibbins Road)
The scope of work for SPECIAL Engineering Services involves Topographic Design
Surveys. The scope of work for the Special Engineering Services is more generally
described as follows:
I. SURVEYING
A. To pographic Design Surveys
1. Establish Survey Control
Establish survey control along each street or intersecting streets as
necessary. These control points will be established based on and tied to
established City horizontal and vertical control points. The horizontal control
for each street in the PROJECT will be established on the State Plane
Coordinate System (NAD'83 Surface Coordinates) from CITY
monumentation. Control points will be established using 5/8" iron rods, 18"
long. These control points will be established using GPS and conventional
surveying methods.
2. Benchmark Loop
A benchmark circuit will be established, based on the vertical control points
provided. These benchmarks will be located outside of the construction limits
and put in such a place so that they may be easily found for future use.
Benchmarks will be located at about 1,000' intervals and will be referenced.
Benchmarks shall be looped in accordance with good surveying practice prior
to field surveys. All control leveling work will be performed using appropriate
modified second order procedures with closed loops into the PROJECT
vertical control.
3. Existing Streets and Driveways
Existing streets and driveways will be profiled and cross-sectioned at 50'
intervals and to a point at least 20' outside of the Right-Of-Way line. Low
points, high points and other unique features will be noted. Pavement
surfacing will be determined by visual inspection only. Intersecting streets will
be profiled and cross-sectioned to a point at least 50' beyond the roadway
being replaced.
4. Existing Drainage Channels and Drainage Area Verification
Existing drainage channels and swales will be profiled and cross sectioned
within the immediate vicinity of the PROJECT, 100' upstream and
downstream. Low points, high points and any other unique features will be
noted. Additional surveying may be necessary to verify the limits of drainage
areas.
5. Existing Underground and/or Overhead Utilities
Utility owner's will be contacted, on an as-needed basis, and requested to
assist in locating existing utilities identified for the PROJECT. Above ground
features of existing utilities within the proposed Right-Of-Way for the limits of
the PROJECT will be field located, including elevations of sanitary and storm
sewer manhole flowlines and water/gas valve stems. The location of utilities
between above ground features will be determined from visual inspection,
utility records, and/or from locations determined by the respective utility
companies. The utilities will be tied to the PROJECT control points and
depths determined in sufficient detail to identify potential conflicts with
proposed construction. The excavation and other costs required to expose or
probe the underground utilities will be the responsibility of others.
6. Right-Of-Way
Existing Right-Of-Way lines along the PROJECT will be located and shown
on the PROJECT's plan sheets.
7. Existing Storm Sewers and Culverts
The size of existing culverts will be measured and tied along with existing
headwalls, channels and aprons. The size, length, and flowline elevation of
existing storm sewers will be surveyed. Drainage areas contributing to the
PROJECT or conveying water from the PROJECT will be determined through
field investigations and available topographic mapping.
8. Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc.
The Surveyor will exercise care in completing this surveying assignment by
using traffic control devices, flags and safety equipment when necessary.
EXHIBIT D
ADDITIONAL ENGINEERING SERVICES
FOR
SHADY GROVE ROAD PAVING IMPROVEMENTS PROJECT
(Davis Boulevard to Clay Hibbins Road)
I. ADDITIONAL Engineering Services, not included in the scope of work, include those
services that may result from significant changes in the general scope, extent or
character of the PROJECT or its design including, but not limited to, changes in size,
complexity, CITY's schedule, character of construction or method of financing; and
revising previously accepted studies, reports, design documents or Contract
Documents when such revisions are required by changes in laws, rules, regulations,
ordinances, codes or orders enacted subsequent to the preparation of such studies,
reports or documents, or are due to any other causes beyond ENGINEER's control.
II. ADDITIONAL Engineering Services not included in the scope of work, also include
assistance to the CITY in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or service, or preparing to serve or
serving as a consultant or witness for CITY in any litigation, arbitration or other legal
proceeding involving the PROJECT.
III. ADDITIONAL Engineering Services not included in the Scope of Work, also include
setting of Easement/Right-Of-Way acquisition parcels with the exception of seven
(7) parcels adjoining Shady Grove Road.
IV. ADDITIONAL Engineering services in connection with the PROJECT, including
services which are to be furnished by the CITY and services not otherwise provided
for in this Agreement will be at the following rates:
Staff Member and Resident Project Representative -Salary Cost Times Multiplier of
2.02. A list of the salary costs for applicable classification of employees is as
follows:
Employee Classification Rate/Hour
Project Manager/Planner $ 86.30
Senior Engineer/QA-QC $ 86.30
Project Engineer $ 57.50
Design Tech. $ 46.30
CADD Tech. $ 40.00
Clerical $ 28.80
Salary Cost is defined as the cost of payroll of ENGINEER's, draftsmen,
stenographers, survey men, clerks, laborers, etc., for the time directly chargeable to
the PROJECT, plus social security contributions, unemployment compensation
insurance, retirement benefits, medical and insurance benefits, longevity payments,
sick leave, vacation and holiday pay applicable thereto.
EXHIBIT E
SERVICES TO BE PROVIDED BY THE CITY
FOR
SHADY GROVE ROAD PAVING IMPROVEMENTS PROJECT
(Davis Boulevard to Clay Hibbins Road)
The CITY will provide the following services to the ENGINEER in the performance of the
PROJECT upon request:
I. Provide any existing data the CITY has on file concerning the PROJECT, if
available.
II. Provide any available As-Built plans for existing streets and drainage facilities, if
available.
III. Provide any available As-Built plans for existing water and sanitary sewer mains, if
available.
IV. Assist the ENGINEER, as necessary, in obtaining any required data and information
from TxDOT and/or other local utility companies.
V. Provide stand and details and specifications in digital format.
VI. Assist the ENGINEER by requiring appropriate utility companies to expose
underground utilities within the Right-Of-Way, when required.
VII.Give prompt written notice to ENGINEER whenever CITY observes or otherwise
becomes aware of any development that affects the scope or timing of the
ENGINEER's services.
VIII.Prepare bid tabulation.
IX. Conduct Neighborhood Public Meetings.
EXHIBIT F
COMPENSATION
FOR
SHADY GROVE ROAD PAVING IMPROVEMENTS PROJECT
(Davis Boulevard to Clay Hibbins Road)
I. COMPENSATION
For and in consideration of the services to be rendered by the ENGINEER, the CITY
shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for
the Design and Construction Phases of the work and additionally for Special
Engineering Services and/or Additional Engineering Services that are in addition to the
Basic Engineering Services. All remittances by CITY of such compensation shall either
be mailed or delivered to the ENGINEER's home office as identified in the work
authorization.
"Salary Cost" used herein is defined as the cost of salaries of ENGINEER's, draftsmen,
stenographers, survey men, clerks, laborers, etc. for time directly chargeable to the
PROJECT plus social security contributions, unemployment, excise and payroll taxes,
employment compensation insurance, retirement benefits, medical and insurance
benefits, sick leave, vacation, and holiday pay applicable thereto.
A. Comp ensation for the Basic Engineering Services (Design and Construction
phases) shall be a lump sum fee of $90,375.00.
The Design phase portion of the Basic Engineering Services shall be computed
at 90% of the total Basic Services Charge; and the Construction phase portion of
the Basic Engineering Services shall be computed at 10% of the total Basic
Engineering Services Charge.
Payment for the Design phase portion of the Basic Engineering Services shall be
due in monthly installments in the proportion to that part of the services in the
Design phase which have been accomplished. Final payment for services
authorized in the Design phase shall be due at the completion of these services.
Payment for the Construction phase of the Basic Engineering Services shall be
due in monthly installments in proportion to the construction work completed on
the basis of the Contractor's monthly payment estimates. Upon completion of all
work authorized in the Construction phase, the ENGINEER will be paid the
remainder of the charge for this phase.
B. Comp ensation for Special Engineering Services not covered by the Basic
Engineering Services provided herein above shall be as follows:
Design Surveys: Lump Sum Fee of $9,625.00
C. Compensation for Additional Engineering Services not covered by Basic
Engineering Services or Special Engineering Services provided herein shall be
as follows:
For all of ENGINEER's personnel time applied to the Additional Engineering
Services, Salary Cost times a multiplier of 2.02.
Direct Costs (Printing, Reproduction, etc.)
Xerox Copies: $0.10/Page
22"x34" Prints: $1.30/Sheet
Plots (Bond or Velum): $4.00/Each
Other Direct Costs Costs time a multiplier of 1.10
For all direct non-labor and/or subcontract expense, including mileage, travel and
living expenses at invoice or internal office cost times a multiplier of 1.10.
Payments to the ENGINEER for authorized Additional Engineering Services will
be due monthly, upon presentation of monthly statement by the ENGINEER for
such services.
II. AUDIT AND SCOPE CHANGE
Cost budgets are set forth above and are subject to the audit provisions of this
Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets
are based upon ENGINEER's best estimate of work and level of effort required for the
proposed scope of services. As the PROJECT progresses, it is possible that the level of
effort and/or scope may differ up or down from that assumed. If there are no scope
changes, the ENGINEER shall receive the full amount of lump sum and unit price fees,
regardless of the cost. If at any time it appears that the cost budget may be exceeded,
the ENGINEER shall notify the CITY as soon as possible in writing.
If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in
writing and shall include a revised scope of services, estimated cost, revised fee
schedule, and a revised time of completion. Upon negotiation and agreement via a
signed amendment by both parties, the cost budget, fee schedule, and total budget will
be adjusted accordingly.
CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of
the cost budget. The ENGINEER shall not be obligated to perform on any change in
scope of work or otherwise incur costs unless and until the CITY has notified the
ENGINEER in writing that the total budget for Engineering Services has been increased
and shall have specified in such notice a revised total budget which shall thereupon
constitute a total budget for Engineering Services for performance under this
Agreement.
A detailed scope of work, total budget, and schedule will be prepared by the
ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any
Additional Engineering Service(s).
III. PAYMENT
Payments to the ENGINEER will be made as follows:
A. Invoice and Time of Payment
Monthly invoices will be issued by the ENGINEER for all work performed under
this Agreement. Invoices are due and payable on receipt. Invoices will be
prepared in a format approved by the CITY prior to submission of the first
monthly invoice. Once approved, the CITY agrees not to require changes in the
invoice format, but reserves the right to audit. Monthly payment of the fee will be
in proportion to the percent completion of the total work (as indicated in Exhibit B:
"Basic Engineering Services", Exhibit C: "Special Engineering Services" and
Exhibit D: "Additional Engineering Services").
B. Upon completion of services enumerated in Exhibit B: "Scope of Basic
Engineering Services", the final payment of any balance will be due upon receipt
of the final invoice.
EXHIBIT G
CONFLICT OF INTEREST QUESTIONNAIRE
FOR
SHADY GROVE ROAD PAVING IMPROVEMENTS PROJECT
(Davis Boulevard to Clay Hibbins Road)
[Conflict of Interest Questionnaire is on the following page.]
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter
176 of the Local Government Code by a person doing business
with the governmental entity.
By law this questionnaire must be filed with the records
administrator of the local government not later than the 7tn
business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006,
Local Government Code.
A person commits an offense if the person violates Section
176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
~ Name of person doing business with local governmental entity.
2
OFFICE USE ONLY
Date Received
Check this box if you are filing an update to a previous filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing
authority not later than September 1 of the year for which an activity described in Section
176.006(a), Local Government Code, is pending and not later than the 7t" business day after the
date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Describe each affiliation or business relationship with an employee or contractor of the local
governmental entity who makes recommendations to a local government officer of the local
governmental entity with respect to expenditure of money.
4 Describe each affiliation or business relationship with a person who is a local government officer
and who appoints or employs a local government officer of the local governmental entity that is the
subject of this questionnaire.
Adopted 01 /13/2006
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
5 Name of local government officer with whom filer has affiliation or business relationship.
(Complete this section only if the answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer
has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary.
Not applicable.
A. Is the local government officer named in this section receiving or likely to receive taxable income
from the filer of the questionnaire?
YES ~ NO
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of
the local government officer named in this section AND the taxable income is not from the local
government entity?
YES ~ NO
C. Is the filer of this questionnaire afFliated with a corporation or other business entity that the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
YES ~ NO
D. Describe each affiliation or business relationship.
6 Describe any other affiliation or business relationship that might cause a conflict of interest.
None.
7
Signature of person doing business with the governmental entity Date
Adopted 01 /13/2006
CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 8-11-2008
Presented by: Mike Curtis Agenda No. E.2
Subject: PW 2008-021 Award a Professional Services Agreement in the amount of
$235,600.00 to Halff Associates, Inc. for the Douglas Lane Street and Utility
Improvements Project from Hightower Drive to Starnes Road
This Capital Improvements Project (CIP) will consist of the design of Douglas Lane from
Hightower Drive to Starnes Road. The project's design will include widening the
roadway from an existing 18-feet wide asphalt roadway to a 40-feet wide concrete
collector street in accordance with the City's Master Thoroughfare Plan. The roadway
design will include concrete sidewalks and an underground drainage system.
Staff followed the City's policy for procuring professional services for the design of this
project. Requests for Proposals were initially sent to 36 local engineering firms; 29
firms responded by submitting proposals to the City. Four (4) North Richland Hills' staff
members (Public Works Director, Parks & Recreation Superintendent, Assistant
Planner, and Police Lieutenant) comprised the selection committee. The committee
evaluated the 29 proposals and selected the top four firms based on each firm's design
experience on similar projects, current work load, proposed project approach and
estimated design schedule.
The top four firms chosen by the committee were: Teague, Nall & Perkins, Inc, Halff
Associates, Inc, Lopez Garcia Group, Inc, and Pate Engineers. After each of these
firms provided presentations to the committee, the committee unanimously chose Halff
Associates, Inc. as the top firm.
Halff Associates has been in business since 1950 and has extensive experience in the
design of urban streets. Halff Associates is afull-service firm and is ranked No. 178 in
the list of the top 500 design firms by Engineering News-Record magazine. Halff has
put together an excellent design team for this project, with a project manager that has
over 35 years of municipal engineering design experience. The design team is
committed to delivering a design that meets the needs and expectations of North
Richland Hills.
The engineering agreement outlines the scope of work in Exhibits B & C. Listed below
are the key items within the scope of work:
• Project limits are from Starnes Road to Hightower Drive
• Scope includes all necessary design components for paving, underground
drainage facilities, surveying tasks, geotechnical report, subsurface utility
engineering (SUE), construction management, and utility coordination.
• Water system design is to be authorized by the City in the event the existing 16-
inch diameter water main, currently located under the existing asphalt pavement,
needs to be relocated due to the street reconstruction.
• Sanitary sewer system design is to be authorized by the City if determined that
the construction of a new sanitary sewer main should be completed with the
project. (This determination will be made after the design of the storm drain
system is completed and the horizontal and vertical locations of other utilities
have been identified. Currently, there is no existing public sewer main serving
this section of Douglas Lane.)
• Provide up to 46 right-of-way documents for this project.
• Schedule up to two (2) meetings with various stakeholders (residents, Birdville
Independent School District, and city staff).
The Public Works Department negotiated a design fee of $235,600. This design fee
consists of a base design fee and a fee for special services (surveying, right-of-way
services, public involvement, franchise utility coordination, SUE, and geotechnical
report). Shown below is a breakdown of this design fee:
Base Design Fee $ 90,400
Special Services 145 200
Total Design Fee $ 235,600
The total amount of the professional services agreement for this project is $235,600.
There is sufficient funding for design services in the 2007-2008 Capital Projects Budget.
If approved by Council, it is anticipated that the design will begin in September, 2008
and completed by April, 2009. Necessary right of way acquisition will follow the design
work.
Recommendation: To approve the professional services agreement for the Douglas
Lane Street and Utility Improvements Project (Hightower Drive to Starnes Road) with
Halff Associates, Inc. in an amount not to exceed $235,600.00 and authorize the City
Manager to execute such agreement.
Douglas Ln
Street & Utility
Improvements
(Hightower Dr to Starnes Rd)
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE
CITY OF NORTH RICHLAND HILLS
AND
HALFF ASSOCIATES, INC.
This Agreement is executed by and between the City of North Richland Hills, a
municipal corporation located in Tarrant County, Texas, acting by and through Larry
Cunningham, its duly authorized City Manager (hereinafter called "CITY"), and Halff
Associates, Inc., a Texas corporation, acting by and through Jerry F. Roberts, P.E.;
its duly authorized Principal (hereinafter called "ENGINEER").
WITNESSETH, that CITY desires professional engineering services in connection
with the Douglas Lane Project from Hightower Drive to Starnes Road.
NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
II. PROJECT
In this Agreement, the "PROJECT" means the engineering design of Douglas Lane
from Hightower Drive to Starnes Road in accordance with the Public Works Design
Manual, applicable CITY codes, regulations and standards.
III. BASIC AGREEMENT
ENGINEER is an independent contractor and undertakes and agrees to perform
professional engineering services in connection with the PROJECT, as stated in the
sections to follow. It is understood and agreed that ENGINEER is not and will not by
virtue of this contract be deemed to be an agent or employee of CITY and that CITY will
not be entitled to direct the performance by ENGINEER's employees or subcontractors
of the tasks contemplated by this contract. All engineering services shall be performed
with diligence and in accordance with professional standards customarily obtained for
such services in the State of Texas. For rendering such services CITY agrees to pay
ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation".
IV. SCOPE OF ENGINEER'S SERVICES
ENGINEER shall render the professional services necessary for development of the
PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as
detailed in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto
and incorporated herein for all purposes. ENGINEER shall be responsible, to the level
of competency presently maintained by other practicing professional engineers in the
same type of work in the Dallas/Fort Worth Metroplex area, for professional and
technical soundness, accuracy, and adequacy of all designs, drawings, specifications,
and other work and materials furnished under this Agreement.
V. SPECIAL ENGINEERING SERVICES
The CITY will pay the ENGINEER for Special Engineering Services as indicated in
Exhibit C: "Special Engineering Services", attached hereto and made a part of this
Agreement.
VI. ADDITIONAL ENGINEERING SERVICES
The CITY will pay the ENGINEER for Additional Engineering Services as indicated
in Exhibit D: "Additional Engineering Services", attached hereto and made a part of this
Agreement.
VII. SCOPE OF CITY SERVICES
The City will furnish items and perform those services as identified in Exhibit E:
"Services to be provided by the City", attached hereto and made a part of this
Agreement.
VIII. COMPENSATION
A. In consid eration of the services described herein, CITY shall pay and ENGINEER
shall receive compensation in accordance with Exhibit F: "Compensation".
B. To tal payments including, without limitation, salary and reimbursable expenses,
to ENGINEER by CITY for the services stated in Section IV and Section V above
shall not exceed Two Hundred Thirty-Five Thousand Six Hundred Dollars
($235,600).
C. CITY may authorize additional services to be provided by ENGINEER as
mutually agreed upon by the parties. Any authorization for additional services
shall be given to ENGINEER by CITY in writing and approved by CITY.
D. CITY and ENGINEER understand that the variables in ENGINEER's cost of
performance may fluctuate. The parties agree that any fluctuation in
ENGINEER's costs will in no way alter ENGINEER's obligations under this
Agreement nor excuse performance or delay on ENGINEER's part.
IX. OWNERSHIP OF DOCUMENTS
All completed or partially completed evaluations, reports, surveys, designs, drawings
and specifications prepared or developed by ENGINEER under this Agreement,
including any original drawings, computer disks, mylars or blue lines, shall become the
property of CITY when the Agreement is concluded or terminated, and may be used by
CITY in any manner it desires; provided, however, that ENGINEER shall not be liable
for the use of such drawings for any project other than the PROJECT described in this
Agreement.
X. INDEMNITY
ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON
ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY
PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE
ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS,
SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION,
OR PERFORMANCE OF THIS AGREEMENT.
Approval by CITY of contract documents shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees
and subconsultants, for the accuracy and competency of the services performed under
this Agreement, including but not limited to evaluations, reports, surveys, designs,
working drawings and specifications, and other engineering documents. Approval by
CITY shall not be deemed to be an assumption of such responsibility and liability by
CITY for any error, omission, defect, deficiency or negligence in the performance of
ENGINEER's professional services or in the preparation of the evaluations, reports,
surveys, designs, working drawings and specifications or other engineering documents
by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of
the parties that approval by CITY signifies CITY's approval of only the general design
concept of the improvements to be constructed.
In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY
and all of its officers, agents, servants, and employees harmless from any loss,
damage, liability or expenses, on account of damage to property and injuries, including
death, to any and all persons, including but not limited to officers, agents or employees
of ENGINEER or its subconsultants, and all other persons performing any part of the
work and improvements, which may arise out of any negligent act, error, or omission in
the performance of ENGINEER's professional services or in the preparation of
evaluations, reports, surveys, designs, working drawings, specifications and other
engineering documents incorporated into any improvements constructed in accordance
therewith; ENGINEER shall defend at its own expense any suits or other proceedings
brought against CITY and its officers, agents, servants and employees or any of them
on account of the foregoing described negligent acts, errors or omissions, and shall pay
all expenses and satisfy all judgments which maybe incurred by or rendered against
CITY, its officers, agents, servants and employees or any of them, in connection with
the foregoing described negligent acts, errors, or omissions; provided and except
however, that this indemnification provision shall not be construed as requiring
ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or
employees harmless from any loss, damages, liability or expense, on account of
damage to property or injuries to persons caused by defects or deficiencies in design
criteria and information furnished to ENGINEER by CITY, or any deviation in
construction from ENGINEER's designs, working drawings, specifications or other
engineering documents.
XI. INSURANCE
For the duration of this Agreement, ENGINEER shall maintain the following
minimum public liability and property damage insurance which shall protect ENGINEER,
its subcontractors, its subconsultants and CITY from claims for injuries, including
accidental death, as well as from claims for property damage which may arise from the
performance of work under this Agreement. ENGINEER shall provide a Certificate of
Insurance verifying that the following minimum limits of coverage are provided:
A. W orker's Compensation Insurance:
Statutory requirements ($ 300,000 minimum)
B. Compre hensive General Liability and Bodily Injury:
Bodily Injury $ 500,000 per person, or
$ 1,000,000 per occurrence; and
Property Damage $ 100,000 each occurrence; or
Combined Single Limit $ 1,000,000 aggregate
C. Comprehensive Automobile Liability:
Bodily Injury $ 500,000 per person, or
$ 1,000,000 per occurrence; and
Property Damage $ 100,000 each occurrence; or
Combined Single Limit $ 1,000,000 aggregate
D. Professional Liability:
Errors and Omissions $ 1,000,000 per claim/annual aggregate
The Certificate of Insurance shall contain a provision that such insurance cannot be
canceled or modified without thirty (30) days prior written notice to CITY.
XII. ARBITRATION
No arbitration arising out of or relating to this Agreement shall occur without both
parties' written approval.
XIII. TERMINATION AND SUSPENSION
A. CITY may terminate this Agreement at any time for convenience or for any cause
by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate
this Agreement in the event the other party fails to perform in accordance with
the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall
immediately discontinue all services and work and the placing of all orders or the
entering into contracts for supplies, assistance, facilities, and materials, in
connection with the performance of this Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to this Agreement.
B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall
pay ENGINEER a reasonable amount for services performed prior to such
termination, which payment shall be based upon the payroll cost of employees
engaged on the work by ENGINEER up to the date of termination of this
Agreement and for subcontract and reproduction in accordance with the method
of compensation stated in Section VIII: "Compensation" hereof. In the event of
termination, the amount paid shall not exceed the amount appropriate for the
percentage of work completed.
XIV. SUCCESSORS AND ASSIGNS
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party of this Agreement and to the successors,
executors, administrators and assigns of such other party in respect to all covenants of
this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or
transfer its interest in this Agreement without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or
agent of CITY.
XV. AUTHORIZATION, PROGRESS, AND COMPLETION
CITY and ENGINEER agree that the PROJECT is planned to be completed in
accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a
part hereof. ENGINEER shall employ manpower and other resources and use
professional skill and diligence to meet the schedule; however, ENGINEER shall not be
responsible for schedule delays resulting from conditions beyond ENGINEER's control.
With mutual agreement, CITY and ENGINEER may modify the Project Schedule during
the course of the PROJECT and if such modifications affect ENGINEER's
compensation, it shall be modified accordingly, subject to City Council approval.
For Additional Engineering Services, the authorization by CITY shall be in writing
and shall include the definition of the services to be provided, the schedule for
commencing and completing the services and the basis for compensation as agreed
upon by CITY and ENGINEER.
It is understood that this Agreement contemplates the full and complete Engineering
services for this PROJECT including any and all services necessary to complete the
work as outlined in Exhibit B: "Basic Engineering Services". Nothing contained herein
shall be construed as authorizing additional fees for services to provide complete
services necessary for the successful completion of this PROJECT.
XVI. SUBCONTRACTS
ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of
the services to be performed by ENGINEER under this Agreement.
XVII. RIGHT TO AUDIT
ENGINEER agrees that CITY shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and photocopy
any directly pertinent books, design calculations, quantity take-offs, documents, papers
and records of ENGINEER involving transactions relating to this Agreement.
ENGINEER agrees that CITY shall have access during normal working hours to all
necessary ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. CITY
shall give ENGINEER reasonable advance notice of intended audits.
ENGINEER further agrees to include in all its subconsultant agreements hereunder
a provision to the effect that the subconsultant agrees that CITY shall, until the
expiration of three (3) years after final payment under the subcontract, have access to
and the right to examine and photocopy any directly pertinent books, design
calculations, quantity take-offs, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that CITY shall have access
during normal working hours to all subconsultant facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of this article. CITY shall give subconsultant reasonable advance notice of
intended audits.
XVIII. EXHIBITS
Both parties agree to the following exhibits and as such, the following exhibits are
made a part of this Agreement:
Exhibit "A" Project Schedule
Exhibit "B" Basic Engineering Services
Exhibit "C" Special Engineering Services
Exhibit "D" Additional Engineering Services
Exhibit "E" Services to be Provided by the City
Exhibit "F" Compensation
Exhibit "G" Conflict of Interest Questionnaire
XIX. MISCELLANEOUS
A. Auth orization to Proceed. Signing this Agreement shall be construed as
authorization by CITY for ENGINEER to proceed with the work, unless otherwise
provided for in the authorization.
B. Le~ alq~Ex_penses. In the event legal action is brought by CITY or ENGINEER
against the other to enforce any of the obligations hereunder or arising out of any
dispute concerning the terms and conditions of this Agreement, the losing party
shall pay the prevailing party such reasonable amounts for fees, costs and
expenses as may be set by the court.
C. Notices. Any notice or correspondence required under this Agreement shall be
sent by certified mail, return receipt requested, or by personal delivery and shall
be effective upon receipt, if addressed to the party receiving the notice or
correspondence at the following address:
If to ENGINEER:
Halff Associates, Inc.
Attn: Jerry F. Roberts, P.E.
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137-2720
If to CITY:
City of North Richland Hills
Attn: Mr. Mike Curtis, P.E.
Director of Public Works
7301 N.E. Loop 820
North Richland Hills, Texas 76180
D. Independent Contractor. ENGINEER shall perform services hereunder as an
independent contractor, and not as an officer, agent, servant or employee of the
CITY and ENGINEER shall have the exclusive right to control services performed
hereunder by ENGINEER, and all persons performing same, and shall be
responsible for the negligent acts and omissions of its officers, agents,
employees, and subconsultants. Nothing herewith shall be construed as creating
a partnership or joint venture between CITY and ENGINEER, its officers, agents,
employees and subconsultants; and the doctrine of respondent superior has no
application as between CITY and ENGINEER.
E. Venu e. This Agreement shall be governed by the laws of the State of Texas,
and venue in any proceeding relating to this Agreement shall be in Tarrant
County, Texas.
F. Entire Agreement. This Agreement represents the entire and integrated
agreement between CITY and ENGINEER and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both CITY and ENGINEER.
G. Severability. If any provision in this Agreement shall be held illegal by a valid
final judgment of a court of competent jurisdiction, the remaining provisions shall
remain valid and enforceable.
H. Assignment. CITY and ENGINEER each bind themselves, their heirs,
successors and assigns, to the other party to this Agreement and to the
successors and assigns of each other party in respect to all covenants of this
Agreement. This Agreement is not to be assigned, sublet or transferred, in whole
or in part, by either CITY or ENGINEER without the prior written consent of the
other party.
I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it
has made full disclosure in writing of any existing conflicts of interest or potential
conflicts of interest, including personal financial interests, direct or indirect, in
property abutting the PROJECT and business relationships with abutting
property owners. ENGINEER further warrants that it will make disclosure in
writing of any conflicts of interest which develop subsequent to the signing of this
Agreement and prior to final payment under this Agreement.
This Agreement is executed in two (2) counterparts.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this
the day of , 2008.
CITY OF NORTH RICHLAND HILLS
(CITY)
By:
Larry J. Cunningham, City Manager
Date:
ATTEST:
City Secretary
By:
HALFF ASSOCIATES, INC.
(ENGINEER)
Jerry F. Roberts, Principal
Date:
ATTEST:
Notary Public in and for the State of
Texas
Type or Print Notary's Name
My Commission Expires:
CITY SEAL CORPORATE SEAL
EXHIBIT A
PROJECT SCHEDULE
FOR
Douglas Lane from Hightower Drive to Starnes Road
PROJECT SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
Activity
Pre-Scope Meeting
Complete Schematic Plans
Complete Preliminary Plans
Identify Necessary Easements/ROW
Complete Final Plans
Obtain Necessary Engineers/ROW
Advertise for Construction Bids
Open Construction Bids
Begin Construction
Due Date
September 2, 2008
November 4, 2008
January 6, 2009
February 3, 2009
April 7, 2009
August, 2009
August 2009
First Week of September 2009
Early November 2009
EXHIBIT B
BASIC ENGINEERING SERVICES
FOR
Douglas Lane from Hightower Drive to Starnes Road
The scope of work for BASIC Engineering Services involves Preliminary Design, Project
Plans, Specifications and Estimates on Roadways and Storm Drainage.
I. GENERAL
A. Design Meetings
1. The ENGINEER will meet with the CITY's staff during the development of the
preliminary, and final plan phases of the PROJECT.
B. Project Man agement, Administration and Coordination
1. The ENGINEER will establish and maintain PROJECT schedules and
budgets, develop monthly progress reports, prepare invoices, and meet with
other entities on an as needed basis for the duration of the PROJECT's
design.
2. Supervision of Subconsultants
The ENGINEER will establish a work program and schedule for each
subconsultant at the beginning of each phase/section of the PROJECT. The
ENGINEER will be responsible for the coordination, supervision, review and
incorporation of work performed by subconsultants.
C. Data Collection
1. The ENGINEER will collect, compile and evaluate existing data collected from
the CITY, or other entities that supply needed existing information for the
design of the PROJECT.
2. A location map/schematic will be provided to the affected utility companies.
These schematics will be used by the utility companies to show approximate
locations of their facilities which are or may be affected by the PROJECT.
3. The ENGINEER will make every effort to obtain As-Built Drawings, Record
Drawings and/or future plans for the following facilities in the PROJECT area
including:
- Box Culverts
- Roadway
- Water Lines
- Sanitary Sewer Lines
- Storm Drain Lines
- Southwestern Bell Underground and/or Overhead Lines
- Electric Underground and/or Overhead Lines
- Gas Lines
- Other Utilities Known to Serve the PROJECT Area
Plot the preliminary information obtained above for later use in the field to
help surveyors tie existing utility locations. The locations of utilities tied from
field surveys will be shown on the paving and drainage plans.
4. The ENGINEER will identify potential utility conflicts and provide this
information to utility companies.
II. SCHEMATIC DESIGN PHASE
A. The ENGINEER will develop a schematic design of proposed roadway
improvements. The schematic design will include the proposed horizontal and
vertical alignments of roadway, drainage, water, and sanitary sewer lines. This
plan will be placed on a single roll sheet at a 1" = 50' scale and contain
topographic information, existing right-of-way lines, locations of driveways, typical
sections, roadway baselines, pavement edges, contours where necessary, limits
of structures, limits of retaining walls, if any, drainage structures including pipes,
limits of sidewalks, limits of barriers and any other information necessary to
define the project. The schematic will be drawn in a manner suitable for
presentation at a public meeting. Profiles will be included at a 1" = 4' vertical
scale and will show existing ground lines, at the proposed profile grade line, limits
of structures and profile elevations at 100' intervals. Upon completion, the
schematic design must be approved by the CITY prior to the start of the
preliminary phase.
B. Th e schematic design will show existing right-of-way and proposed right-of-way
lines. It will include a summary table of property owner's names and
approximate acreage of takings.
C. Quantities will be estimated for preparation of an estimate probable cost.
III. PRELIMINARY DESIGN PHASE
A. Roadway Design
1. The ENGINEER will develop a preliminary design of proposed roadway
improvements. The preliminary design will include the proposed horizontal
and vertical alignments. These plan sheets will be at a 1" = 20' scale and
contain topographic information, existing right-of-way lines, locations of
driveways, typical sections, roadway baselines, pavement edges, contours
where necessary, limits of structures, limits of retaining walls, if any, drainage
structures including pipes, limits of sidewalks, limits of barriers and any other
information necessary for pavement construction. Profiles at 1" = 20'
horizontal scale and 1 " = 4' vertical scale will contain existing ground lines at
the proposed profile grade line, limits of structures and profile elevations at
100' intervals. Upon completion, the preliminary design will be submitted to
the CITY for review. The preliminary design must be approved by the CITY
prior to the start of the final design phase.
2. The ENGINEER will prepare cross-sections along roadways at minimum 50'
intervals and will extend 20' beyond the existing right-of-way. These
cross-sections will form the basis for the determination of earthwork
quantities. Cut and fill quantities will be computed and tabulated, referencing
cross-sections. Cross-sections will not be included in the plans.
B. Other Ro adway Design Elements
1. A Project Title Sheet will be prepared as required and included in the Plans.
2. Roadway typical sections will be prepared for paving sections along the
various roadways of the PROJECT.
3. Roadway horizontal and vertical control and horizontal curve data will be
shown on the plans.
4. Sidewalk locations and widths will be shown on the plans.
5. Supplementary intersection layout information will be prepared to properly
show the relationship between the profiles of intersecting streets, where
deemed necessary by the ENGINEER.
6. Miscellaneous paving details will be developed as necessary to describe
various types of construction such as sidewalks, curbs, etc. when no such
CITY standard details are available.
C. Storm Drain Design
1. Drainage area maps will be prepared at a minimum scale of 1" = 1,000', using
available contour maps. Inlets will be located and sub-drainage areas
determined. The runoff to each inlet will be calculated in accordance with City
drainage criteria.
2. Culvert Plans/Profiles sheets and cross-sections, if necessary, will be
provided for new culvert construction.
3. Storm Sewer Design
The ENGINEER will incorporate storm sewer design into the roadway design
sheets. These sheets will show the location of inlets, manholes, storm
sewers, slotted drains, culverts, and open channel improvements in relation to
the PROJECT's roadways. Profiles will show profile information for the
proposed storm sewer trunk lines, proposed ground above the storm sewers,
existing ground above the storm sewers, and locations of lateral junctions.
Profiles of laterals will not be shown unless a proposed or existing utility
crosses the lateral. Computation sheets will be prepared for storm sewers,
culverts, slotted drains and inlets.
4. Miscellaneous Drainage Details
Miscellaneous drainage details will be prepared for any drainage related
items which are not covered by City standard details.
D. Quantities and Cost Estimate
1. PROJECT quantities will be calculated and tabulated for inclusion in the bid
proposal and cost estimates.
2. The ENGINEER's opinion of probable construction costs will be prepared for
the entire PROJECT using current unit cost data.
E. Sub mit Preliminary Plans for Review
1. Submit two (2) sets of preliminary plans for CITY review.
2. Submit plans to utility companies for review.
IV. FINAL DESIGN PHASE
A. Prepare Fin al Design Plans
1. Incorporate CITY review comments and directives from the preliminary design
plans, in the preparation of final construction plans.
B. Calculate Fin al Quantities and Cost Estimates
1. Revise the preliminary quantities and opinion of probable costs per changes
in the final design and CITY review comments.
C. Prepare Contract Documents and Specifications
1. Compile special provisions necessary for the PROJECT.
2. Compile specifications necessary for the PROJECT. Any special
specifications will also be prepared. The CITY will provide a copy of their
contract documents in digital format.
3. Compile and develop a list of general notes necessary for the PROJECT.
4. Prepare complete contract documents and specifications for bidding
purposes.
D. Submit final plans, specifications, and cost estimates for CITY review
V.
1. Submit two (2) sets of final bid documents for CITY review and approval.
2. Submit detailed drawings and plans/specifications to appropriate regulatory
agencies and utility companies and obtain clearance.
CONSTRUCTION PHASE
A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall
bear the cost of advertisement. The ENGINEER shall provide all necessary
printing of construction plans, specifications and contract documents for use in
obtaining bids, awarding contracts, and constructing the PROJECT. The
ENGINEER shall be responsible for dispersing all plans and specifications from
its office to prospective bidders.
B. Assist the CITY in the opening and tabulation of the construction bids for the
PROJECT and recommend to the CITY as to the proper action on all proposals
received.
C. Assist in the preparation of formal Contract Documents and in coordinating their
execution by the respective parties.
D. Represent the CITY in the non-resident administration of the PROJECT. In this
capacity, the ENGINEER shall have the authority to exercise whatever rights the
CITY may have to disapprove work and materials that fail to conform to the
Contract Documents when such failures are brought to the ENGINEER's
attention. (This function of ENGINEER shall not be construed as supervision of
the PROJECT and does not include on-site activities other than occasional site
visits to observe overall PROJECT conditions or when specifically requested by
CITY to visit on site for a particular matter. It particularly does not involve
exhaustive or continuous on-site inspection to check the quality or quantity of the
work or material; nor does it place any responsibility on the ENGINEER for the
techniques and sequences of construction or the safety precaution incident
thereto, and ENGINEER will not be responsible or liable in any degree for the
Contractor's failure to perform the construction work in accordance with the
Contract Documents.)
E. Consult and advise the CITY; issue such instructions to the Contractor as in the
judgment of the ENGINEER are necessary; and prepare routine change orders
as required.
F. Review samples, catalog data, schedules, shop drawings, laboratory, shop and
mill tests of material and equipment and other data which the Contractor is
required to submit, only for conformance with the design concept of the
PROJECT and compliance with the information given by the Contract
Documents; and assemble written guarantees which are required by the Contract
Documents.
G. Prepare or review monthly and final estimates for payments to Contractor, and
furnish to the CITY any necessary certifications provided by the Contractor, as to
payments to subcontractors and suppliers.
H. Conduct, in company with the Contractor, a final inspection of the PROJECT for
conformance with the design concept of the PROJECT and compliance with the
Contract Documents; and approve in writing final payment to the Contractors.
Revise contract drawings, with the assistance of the CITY's Resident PROJECT
Representative to reflect available information as to how the work was
constructed. The CITY's Resident PROJECT Representative will provide the
ENGINEER ared-lined set of drawings depicting changes during construction.
The ENGINEER shall revise original design drawings, noting changes during
construction, and submit three (3) sets of Record Drawings and one CD-ROM
(pdf format) to the CITY.
EXHIBIT C
SPECIAL ENGINEERING SERVICES
FOR
Douglas Lane from Hightower Drive to Starnes Road
The scope of work for SPECIAL Engineering Services involves Surveys
(Easements/Right-of-Way and Design). The scope of work for the Special Engineering
Services is more generally described as follows:
I. SURVEYING
A. Design Surveys
1. Establish Survey Control
Establish survey control along each street or intersecting streets as
necessary. These control points will be established based on and tied to
established City horizontal and vertical control points. The horizontal control
for each street in the PROJECT will be established on the State Plane
Coordinate System (NAD'83 Surface Coordinates) from CITY
monumentation. Control points will be established using 5/8" iron rods, 18"
long. These control points will be established using GPS and conventional
surveying methods.
2. Benchmark Loop
A benchmark circuit will be established, based on the vertical control points
provided. These benchmarks will be located outside of the construction limits
and put in such a place so that they may be easily found for future use.
Benchmarks will be located at about 1,000' intervals and will be referenced.
Benchmarks shall be looped in accordance with good surveying practice prior
to field surveys. All control leveling work will be performed using appropriate
modified second order procedures with closed loops into the PROJECT
vertical control.
3. Existing Streets and Driveways
Existing streets and driveways will be profiled and cross-sectioned at 50'
intervals and to a point at least 20' outside of the Right-Of-Way line. Low
points, high points and other unique features will be noted. Pavement
surfacing will be determined by visual inspection only. Intersecting streets will
be profiled and cross-sectioned to a point at least 50' beyond the roadway
being replaced.
4. Existing Drainage Channels and Drainage Area Verification
Existing drainage channels and swales will be profiled and cross sectioned
within the immediate vicinity of the PROJECT, 100' upstream and
downstream. Low points, high points and any other unique features will be
noted. Additional surveying may be necessary to verify the limits of drainage
areas.
5. Existing Underground and/or Overhead Utilities
Utility owner's will be contacted, on an as-needed basis, and requested to
assist in locating existing utilities identified for the PROJECT. Above ground
features of existing utilities within the proposed Right-Of-Way for the limits of
the PROJECT will be field located, including elevations of sanitary and storm
sewer manhole flowlines and water/gas valve stems. The location of utilities
between above ground features will be determined from visual inspection,
utility records, and/or from locations determined by the respective utility
companies. The utilities will be tied to the PROJECT control points and
depths determined in sufficient detail to identify potential conflicts with
proposed construction. The excavation and other costs required to expose or
probe the underground utilities will be the responsibility of others.
6. Right-Of-Way
Right-Of-Way lines along the PROJECT will be located. This information will
be included on the PROJECT's plan sheets.
7. Existing Storm Sewers and Culverts
The size of existing culverts will be measured and tied along with existing
headwalls, channels and aprons. The size, length, and flowline elevation of
existing storm sewers will be surveyed. Drainage areas contributing to the
PROJECT or conveying water from the PROJECT will be determined through
field investigations and available topographic mapping.
8. Temporary Signs, Traffic Control, Flags, Safety Equipment, Etc.
The Surveyor will exercise care in completing this surveying assignment by
using traffic control devices, flags and safety equipment when necessary.
9. Staking Right-of-Way Parcels
The ENGINEER will be responsible for staking the new Right-of-Way lines
and each Right-of-Way acquisition parcel with 5/8-inch iron rods based on the
legal description and exhibits prepared by a licensed Surveyor.
II. GEOTECHNICAL ENGINEERING
If authorized, ENGINEER will subcontract with CMJ Engineering, Inc to perform a
geotechnical investigation along the project route.
A. Subsurface Exploration -Drill seven (7) borings to a depth of 12 feet below
grade roadway route.
B. Lab oratory Services -Perform tests on samples from the bores.
• Moisture content and soil identification
• Liquid and plastic limit determinations
• Unconfined compression tests on soil
• Unit weight determinations
• Eades and Grim lime series tests
• Soluble sulfate tests
C. Engineering Report - An engineering test will be prepared to present the
results of field and laboratory data and recommendations.
• General soil and groundwater conditions
• Recommendations for pavement subgrade type, depth and concentration
• Guidelines for pavement design
• Earthwork recommendations
III. EASEMENT/RIGHT-OF-WAY DOCUMENTS
An estimated total of 23 ROW and 23 Temporary Construction Easement parcels
will be necessary to provide the 60 foot wide right-of-way and necessary grading
work outside of the right-of-way. Upon approval of horizontal alignment, ENGINEER
shall survey, render field notes, and prepare detailed right-of--way plans and
individual exhibits for all additional right-of-way parcels. Right-of-way plans will
include:
A. Right -of-Way Plans
1. City title block
2. Property owner name, mailing address, and volume and page of deed
3. Location of all existing property pins and monuments
4. Location of easements of record
5. Bearings and calls of existing property lines
6. Existing rights-of-way and fence lines
7. Distance to centerline of proposed street and centerline station for one
corner of each parcel
8. Location of proposed right-of-way pins
9. Area required
10. Area remaining
11. Parcel number
12. All of the above shall be placed on standard plan sheets (22" x 34" size)
and bear the seal of a licensed engineer. Upon approval of the right-of-
way map, ENGINEER shall immediately prepare individual exhibits.
B. Individual Exhibits for each parcel shall be prepared to contain the following:
1. Area required
2. Area remaining
3. Parcel number
4. Property owner name, mailing address, and volume and page of deed
5. Existing easements
6. All of the above shall be placed on one page of 8-1 /2" x 11 " mylar and
signed and sealed by a registered professional land surveyor.
C. Legal descriptions for each parcel shall reference the volume, page, and
owner of the parent tract and shall be incorporated into a standard City
easement instrument document. Individual parcels will be cross-referenced
on the plan and profile sheets.
IV. SUBSURFACE UTILITY ENGINEERING
The City may elect to leave the existing 16-inch water main in place. One
determining factor will be the depths of cover over the water main. The ENGINEER
will vacuum excavate the existing water lines in five (5) locations to accurately
determine the horizontal location and depth of the line.
A. Designating services are not included for lines other than the 16-inch water
line.
B. Th a ENGINEER will dig 12-inch by 12-inch holes, record the depth, backfill
and compact the holes, and restore the surfaces to the original condition.
C The ENGINEER will provide routine/ordinary traffic control consisting of
cones, free-standing signage, and arrow boards for this project. The scope
does not include lane closures, flag persons, and changeable message
boards.
V. UTILITY COORDINATION
After completion of the schematic design, The ENGINEER will meet with each of the
franchise utilities, electric, telephone, gas, and cable TV to review the project and
extent of relocations required. The ENGINEER will provide a project schedule and
will seek an estimate of time required to relocate utilities. A second meeting will be
held with each utility after completion of final plans. Meeting minutes will be
prepared and furnished to all utilities.
VI. TDLR PERMIT
A permit will be required from the Texas Department of Licensing and Review
(TDLR) for review under the Texas Architectural Barriers Act. The ENGINEER will
engage the services of a state approved Registered Accessibility Specialist (RAS)
code review for sidewalks and ramps for the entire project. ENGINEER will prepare
the permit applications and address any questions or issues raised by TDLR as a
result of review or construction.
VII. SANITARY SEWER DESIGN
If the CITY elects to construct a sanitary sewer line from Hightower Drive to
Woodbend Park Road to serve properties on the West side of Douglas Lane, the
design will be prepared by the ENGINEER.
A. Sanitary Sewer Design
Separate sanitary sewer line plan and profile sheets will be prepared at a
scale of 1 " = 20' horizontal and 1 " = 4' vertical. These sheets shall show
locations of manholes sewer services.
B. Miscellaneous Sewer Details
Miscellaneous sewer details will be prepared for any sewer related items
which are not covered by City standard details.
VIII. 16-INCH WATER LINE DESIGN
If the CITY elects to replace the 16-inch water line in Douglas Lane, the ENGINEER
will design the water line replacement to be constructed with paving, drainage, and
sanitary sewer improvements.
A. W ater Line Design
Separate water line plan and profile sheets will be prepared at a scale of 1" _
20' horizontal and 1" = 4' vertical. These sheets shall show locations of
valves, horizontal and vertical bends, tees, fire hydrants, and water services.
B. Miscellaneous Water Line Details
Miscellaneous water line details will be prepared for any water line related
items that are not covered by City standard details.
IX. PUBLIC MEETING
The ENGINEER will attend a public meeting with residents. The ENGINEER will
prepare exhibits showing proposed improvements and assist the CITY in presenting
the project. The ENGINEER will attend a City Council meeting and prepare any
exhibits necessary to present the project to City Council.
X. RECORD DRAWINGS
The ENGINEER will prepare three sets of record drawings based on information
furnished by the Contractor or CITY. Record drawings will also be furnished in pdf.
format and GIS autocad.
EXHIBIT D
ADDITIONAL ENGINEERING SERVICES
FOR
Douglas Lane from Hightower Drive to Starnes Road
I. ADDITIONAL Engineering Services, not included in the scope of work, include those
services that may result from significant changes in the general scope, extent or
character of the PROJECT or its design including, but not limited to, changes in size,
complexity, CITY's schedule, character of construction or method of financing; and
revising previously accepted studies, reports, design documents or Contract
Documents when such revisions are required by changes in laws, rules, regulations,
ordinances, codes or orders enacted subsequent to the preparation of such studies,
reports or documents, or are due to any other causes beyond ENGINEER's control.
II. ADDITIONAL Engineering Services not included in the scope of work also include
assistance to the CITY in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or service, or preparing to serve or
serving as a consultant or witness for CITY in any litigation, arbitration or other legal
proceeding involving the PROJECT.
III. ADDITIONAL Engineering Services not included in the Scope of Work also include
providing easement/right-of-way parcels with the exception of forty six (46)
adjoining Douglas Lane.
IV. ADDITIONAL Engineering services in connection with the PROJECT, including
services which are to be furnished by the CITY and services not otherwise provided
for in this Agreement will be at the following hourly rates:
Employee Classification Minimum Maximum
Civil-Gen-ASCE Grade 1 77.96 90.43
Civil-Gen-ASCE Grade 2 86.53 99.78
Civil-Gen-ASCE Grade 3 95.11 112.26
Civil-Gen-ASCE Grade 4 102.12 159.03
Civil-Gen-ASCE Grade 5 119.27 198.01
Civil-Gen-ASCE Grade 6 159.03 194.89
Civil-Gen-ASCE Grade 7 183.98 218.28
Civil-Gen-ASCE Grade 8 218.90 218.90
Civil-Gen-ASCE Grade 9 140.32 140.32
Electrical Engr Grade 6 51.92 51.92
Draftsman-Civil Level 1 39.73 48.65
Draftsman-Civil Level 2 47.83 71.33
Draftsman-Civil Level 3 58.37 69.72
Draftsman-Civil Level 4 74.59 78.16
Draftsman-Civil Level 5 83.51 92.43
Technician-Civil Level 1 94.05 98.91
Technician-Civil Level 2 89.18 89.18
Rodman 32.43 51.08
Instrument Man 41.35 71.35
Party Chief 47.02 89.18
Surveyor-In-Training SIT 68.60 88.87
Registered Prof Land Svyr 88.09 198.01
SUE Tech 2 2-4 Yrs Exp 51.89 88.87
SUE Tech 3 4 yrs +Exp 81.08 81.08
SUE Field Spvsr 3 126.29 126.29
Secretary 37.29 79.45
Executive Secretary 69.72 91.99
Clerical 21.24 43.78
Public Relations /Marketing 22.24 43.27
Right-Of-Way Specialists 67.82 143.44
Team Member Classification
Civil-Gen-ASCE Grade 1 Cody Hodge
Stephen Jones
Civil-Gen-ASCE Grade 2 Jeana Booker
Mike Marshall
Autumn Putsch
Jonathan Russell
Emily Wohlgemuth
Civil-Gen-ASCE Grade 3 Leigh Bell
Landis Grimmett
Leah Hermes
David Smith
Civil-Gen-ASCE Grade 4 David Burkett
Dennis Haar
Ben McGahey
Civil-Gen-ASCE Grade 5 Stephen Crawford
Brian Haynes
Andrew Ickert
Todd Jackson
Lisa Rhudy
Ronda Visintainer
Civil-Gen-ASCE Grade 6 Mark Schluter
Civil-Gen-ASCE Grade 8 Jerry Roberts
Electrical-ASCE Grade 6 Dianne Popken
Right-of-Way Specialist John Howell
Right-of-Way Specialist Mark Janicki
Survey-In-Training SIT Lee Holder
Registered Professional Land Surveyor Doug Calhoun
Robert Davis
Draftsman-Civil Level 2 Alyssa Lewis
Draftsman-Civil Level 3 Angela Koonce
Technician-Civil Level 1 Ron Slonaker
Public Relations /Marketing
Clerical
Secretary
Hattie Petersen
Debbie Young
Kelli Chavez
Kristin Bluain
Teresa Salinas
Executive Secretary Grace Bright
EXHIBIT E
SERVICES TO BE PROVIDED BY THE CITY
FOR
Douglas Lane from Hightower Drive to Starnes Road
The CITY will provide the following services to the ENGINEER in the performance of the
PROJECT upon request:
I. Provide any existing data the CITY has on file concerning the PROJECT, if
available.
II. Provide any available As-Built plans for existing streets and drainage facilities, if
available.
III. Provide any available As-Built plans for existing water and sanitary sewer mains, if
available.
IV. Assist the ENGINEER, as necessary, in obtaining any required data and information
from TxDOT and/or other local utility companies.
V. Provide stand and details and specifications in digital format.
VI. Assist the ENGINEER by requiring appropriate utility companies to expose
underground utilities within the Right-Of-Way, when required.
VII.Give prompt written notice to ENGINEER whenever CITY observes or otherwise
becomes aware of any development that affects the scope or timing of the
ENGINEER's services.
EXHIBIT F
COMPENSATION
FOR
Douglas Lane from Hightower Drive to Starnes
I. COMPENSATION
For and in consideration of the services to be rendered by the ENGINEER, the CITY
shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for
the Design and Construction Phases of the work and additionally for Special
Engineering Services and/or Additional Engineering Services that are in addition to the
Basic Engineering Services. All remittances by CITY of such compensation shall either
be mailed or delivered to the ENGINEER's home office as identified in the work
authorization.
"Salary Cost" used herein is defined as the cost of salaries of ENGINEER's, draftsmen,
stenographers, survey men, clerks, laborers, etc. for time directly chargeable to the
PROJECT plus social security contributions, unemployment, excise and payroll taxes,
employment compensation insurance, retirement benefits, medical and insurance
benefits, sick leave, vacation, and holiday pay applicable thereto.
A. Comp ensation for the Basic Engineering Services (Design and Construction
phases) shall be a lump sum fee of $90,400.
The Design phase portion of the Basic Engineering Services shall be computed
at 90% of the total Basic Services Charge; and the Construction phase portion of
the Basic Engineering Services shall be computed at 10% of the total Basic
Engineering Services Charge.
Payment for the Design phase portion of the Basic Engineering Services shall be
due in monthly installments in the proportion to that part of the services in the
Design phase which have been accomplished. Final payment for services
authorized in the Design phase shall be due at the completion of these services.
Payment for the Construction phase of the Basic Engineering Services shall be
due in monthly installments in proportion to the construction work completed on
the basis of the Contractor's monthly payment estimates. Upon completion of all
work authorized in the Construction phase, the ENGINEER will be paid the
remainder of the charge for this phase.
B. Comp ensation for Special Engineering Services not covered by the Basic
Engineering Services provided herein above shall be as follows:
Design Surveys:
Sanitary Sewer Design
16" Water Line Design:
Geotechnical Engineering:
Easement/ROW Documents:
ROW MAP:
ROW Parcels:
Easement Parcels:
Subsurface Utility Engineering:
Utility Coordination:
TDLR Permit:
Public Meetings:
Print Plans:
Xerox Copies
Full-size Prints
Record Drawings:
Plots (Mylar)
Lump Sum Fee of $ 15,000
Hourly Fee of $ 7,000
Hourly Fee of $ 22,900
Direct Cost x 1.10 for Maximum Fee of $ 6,600
Lump Sum Fee of $ 6,000
23 x $1,450 = $ 33,350
23 x $1,450 = 33 350
Total Fee of $ 72,700
Lump Sum Fee of $ 7,000
Lump Sum Fee of $ 3,000
Lump Sum Fee of $ 2,000
Lump Sum Fee of $ 3,500
Maximum Cost of $ 3,500
$0.10/Page
$1.00/Sheet
Lump Sum Fee of $ 2,000
$10.00/Each
Total Compensation for Special Engineering Services Shall be $ 145,200
C. Compensation for Additional Engineering Services not covered by Basic
Engineering Services or Special Engineering Services provided herein shall be
provided at the hourly rate per the schedule in Exhibit D.
For all direct non-labor and/or subcontract expense, including mileage, travel and
living expenses at invoice or internal office cost times a multiplier of 1.10.
Payments to the ENGINEER for authorized Additional Engineering Services will
be due monthly, upon presentation of monthly statement by the ENGINEER for
such services.
II. AUDIT AND SCOPE CHANGE
Cost budgets are set forth above and are subject to the audit provisions of this
Agreement, Section XVII: "Right to Audit". It is also understood that the cost budgets
are based upon ENGINEER's best estimate of work and level of effort required for the
proposed scope of services. As the PROJECT progresses, it is possible that the level of
effort and/or scope may differ up or down from that assumed. If there are no scope
changes, the ENGINEER shall receive the full amount of lump sum and unit price fees,
regardless of the cost. If at any time it appears that the cost budget may be exceeded,
the ENGINEER shall notify the CITY as soon as possible in writing.
If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in
writing and shall include a revised scope of services, estimated cost, revised fee
schedule, and a revised time of completion. Upon negotiation and agreement via a
signed amendment by both parties, the cost budget, fee schedule, and total budget will
be adjusted accordingly.
CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of
the cost budget. The ENGINEER shall not be obligated to perform on any change in
scope of work or otherwise incur costs unless and until the CITY has notified the
ENGINEER in writing that the total budget for Engineering Services has been increased
and shall have specified in such notice a revised total budget which shall thereupon
constitute a total budget for Engineering Services for performance under this
Agreement.
A detailed scope of work, total budget,
ENGINEER and executed by the CITY if the
Additional Engineering Service(s).
and schedule will be prepared by the
ENGINEER is authorized to perform any
III. PAYMENT
Payments to the ENGINEER will be made as follows:
A. Invoice and Time of Payment
Monthly invoices will be issued by the ENGINEER for all work performed under
this Agreement. Invoices are due and payable on receipt. Invoices will be
prepared in a format approved by the CITY prior to submission of the first
monthly invoice. Once approved, the CITY agrees not to require changes in the
invoice format, but reserves the right to audit. Monthly payment of the fee will be
in proportion to the percent completion of the total work (as indicated in Exhibit
B: "Basic Engineering Services", Exhibit C: "Special Engineering Services" and
Exhibit D: "Additional Engineering Services").
B. Upon completion of services enumerated in Exhibit B: "Scope of Basic
Engineering Services", the final payment of any balance will be due upon receipt
of the final invoice.
EXHIBIT G
CONFLICT OF INTEREST QUESTIONNAIRE
FOR
Douglas Lane from Hightower Drive to Starnes Road
[Conflict of Interest Questionnaire is on the following 2 pages.]
CONFLICT OF INTEREST QUESTIONNAIRE FORM C Q
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter OFFICE USE ONLY
176 of the Local Government Code by a person doing
business with the governmental entity. Date Received
By law this questionnaire must be filed with the records
administrator of the local government not later than the 7tn
business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006,
Local Government Code.
A person commits an offense if the person violates Section
176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
1
Name of person doing business with local governmental entity.
Jerry F. Roberts
2
Check this box if you are filing an update to a previous filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing
authority not later than September 1 of the year for which an activity described in Section 176.006(a),
Local Government Code, is pending and not later than the 7th business day after the date the
originally filed questionnaire becomes incomplete or inaccurate.)
3
Describe each affiliation or business relationship with an employee or contractor of the local
governmental entity who makes recommendations to a local government officer of the local
governmental entity with respect to expenditure of money.
None.
4
-. Describe each affiliation or business relationship with a person who is a local government officer
and who appoints or employs a local government officer of the local governmental entity that is the
subject of this questionnaire.
None.
CONFLICT OF INTEREST QUESTIONNAIRE FORM C Q
For vendor or other person doing business with local governmental entity Page 2
5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this
section only if the answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom
the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as
necessary.
Not applicable.
E. Is the local government officer named in this section receiving or likely to receive taxable
income from the filer of the questionnaire?
^ YES ^ NO
F. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the
direction of the local government officer named in this section AND the taxable income is not
from the local government entity?
YES ~ NO
G. Is the filer of this questionnaire affiliated with a corporation or other business entity that the
local government officer serves as an officer or director, or holds an ownership of 10 percent
or more?
^ YES ~ NO
H. Describe each affiliation or business relationship.
6 Describe any other affiliation or business relationship that might cause a conflict of interest.
None.
7
Signature of person doing business with the governmental Date
entity
Adopted 01 /13/2006
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. F.0
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Department: Budget Council Meeting Date: 8-11-2008
Presented by: Mark Mills Agenda No. F.1
Subject: GN 2008-073 Setting Date for Public Hearings for 2008-2009 City Budget,
Parks and Recreation Facilities Development Corporation and Crime Control and
Prevention District Budgets
It is necessary for City Council to set public hearings on the proposed annual 2008-
2009 City Budget, proposed projects and operations of the Park and Recreation
Facilities Development Corporation, and the Crime Control and Prevention District
budgets.
Due to a change in State Law, new language must be included as part of the City
budget adoption process. The language prescribed by the legislation is as follows:
This budget will raise more total property taxes than last year's budget by
$1,044,385 or 5.18%, and of that amount $601,306 is tax revenue to be raised
from new property added to the tax roll this year.
The language must be included in the cover sheet of the City's annual budget
document, in the published notice of public hearing for the City annual budget and as
part of the Council action adopting the annual budget. In addition, this legislation
requires the posting of the proposed annual budget on the City website. The City has
made the proposed budget available online at www.nrhtx.com. The proposed budget is
also available at the City Secretary's Office and at the NRH Library.
A published notice will be required for each public hearing per the City Charter and
State law. Each hearing is set for August 26, 2008 beginning at 6:15 p.m. for the Park
and Recreation Facilities Development Corporation, 6:30 p.m. for the Crime Control and
Prevention District, and 7:00 p.m. for the proposed annual City Budget. A copy of the
notices accompanies this coversheet.
Recommendation:
Set the date for the public hearings on the Park and Recreation Facilities Development
Corporation at 6:15 p.m., the Crime Control and Prevention District at 6:30 p.m., and the
annual City Budget at 7:00 p.m. on August 26, 2008.
NOTICE OF PUBLIC HEARING ON PROJECTS
TO BE UNDERTAKEN BY
NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES
DEVELOPMENT CORPORATION
NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of
Directors of the North Richland Hills Park and Recreation Facilities Development
Corporation during a meeting to be held at 6:15 p.m. on August 26, 2008 at the North
Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland
Hills, Texas, on the Corporation funding and undertaking of projects (including, but not
limited to, future land acquisition, public right of way and infrastructure improvements,
the construction of baseball and softball fields, construction or renovation of
neighborhood and community parks, construction or renovation of dog/animal parks,
playground equipment, public art, tree planting and other landscape improvements,
senior citizen centers, building of hike and bike trails, park security improvements,
update of the park system master plan, the operations of the tennis center, the
expenditure of funds to pay operating costs of City owned projects undertaken by the
Corporation, and economic and business development). A more detailed description of
the projects to be undertaken by the Corporation covered by this notice is available for
review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and
5:00 p.m. Monday through Friday. It is also available at the City of North Richland Hills
Public Library, Monday through Saturday and online at www.nrhtx.com.
NOTICE OF PUBLIC HEARING ON 2008-2009 PROPOSED ANNUAL BUDGET
NORTH RICHLAND HILLS
CRIME CONTROL AND PREVENTION DISTRICT
NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of
Directors of the North Richland Hills Crime Control and Prevention District on the 2008-
2009 proposed annual budget during the meeting to be held at 6:30 p.m. on August 26,
2008 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820,
North Richland Hills, Texas.
The proposed budget is available for review in the office of the City Secretary at City
Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also
available for review at the City of North Richland Hills Public Library, Monday through
Saturday and online at www.nrhtx.com.
NOTICE OF PUBLIC HEARING
2008-2009 PROPOSED ANNUAL BUDGET
NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills,
that the City Council will hold a public hearing on the 2008-2009 proposed annual
budget on Tuesday, August 26, 2008 during the regular 7:00 p.m. City Council meeting
at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North
Richland Hills, Texas. This budget will raise more total property taxes than last year's
budget by $1,044,385 or 5.18%, and of that amount $601,306 is tax revenue to be
raised from new property added to the tax roll this year. The proposed budget is
available for review in the office of the City Secretary at City Hall between the hours of
8:00 a.m. and 5:00 p.m. Monday through Friday. The proposed budget is also available
at the City of North Richland Hills Public Library, Monday through Saturday and online
at www.nrhtx.com.
CITY OF
NORTH RICHLAND HILLS
Department: Budget Council Meeting Date: 8-11-2008
Presented by: Mark Mills Agenda No. F.2
Subject: GN 2008-074 Setting Dates for Public Hearings on Proposed Tax Rate and
Record Vote on Placing the Tax Rate Adoption on the Agenda of the September 8,
2008 Council Meeting
In follow up to the 2008-2009 Budget Work Session, it is necessary to begin the notice and
public hearing procedures to establish a tax rate for the next fiscal year in accordance with the
City Charter and State law. At the Work Session, Council consensus was to set the tax rate at
57¢, which is the same tax rate as the current year. If approved, this will be the 16th consecutive
year the tax rate has been 57¢.
Per Senate Bill 567 of the 79th Texas Legislative Session, if a municipality imposes a tax rate
that exceeds the effective tax rate, the municipality is required to have a record vote to place a
proposal to adopt the tax rate on the agenda of a future meeting as an action item. The
effective tax rate is 56.3058¢ which is lower than the proposed tax rate of 57¢. As a reminder,
the effective tax rate is the rate that would be applied to the July 2008 property tax values that
would provide the same amount of revenue as the current tax year.
State law further requires that a municipality hold two public hearings if the proposed tax rate
exceeds the effective tax rate. The first tax rate public hearing is proposed to be held on August
26, 2008, a regularly scheduled Council Meeting with the second public hearing proposed for a
Special Council Meeting on September 2, 2008. State law requires that a tax rate be adopted
no sooner than 3 days after the second public hearing and no later than 14 days after the
second public hearing. It is proposed that the tax rate be adopted at the September 8, 2008
Council meeting.
After proposing a tax rate and scheduling the two public hearings, the City must notify the public
of the hearings. Per State law, A "Notice of Public Hearing on Tax Increase" will be published in
the Fort Worth Star Telegram as a quarter page ad. Staff intends to publish the notice on
August 19, 2008, the required seven days prior to the first public hearing on the proposed tax
rate. The notice will include Council members' votes on the proposal to consider the tax
increase or proposing a tax rate over the effective rate. The notice will also include a
comparison of the proposed tax rate with current year's tax rate and the effective tax rate. Upon
conclusion of the public hearings and prior to the meeting scheduled for the tax rate vote, the
publication of a second quarter page notice is required. A copy of the draft notices
accompanies this coversheet.
Recommendation:
That a record vote be taken to place the adoption of the tax rate of 57¢ on the September 8,
2008 Council Agenda, and set the first public hearing on the 57¢ tax rate for Tuesday, August
26, 2008 during the regular 7:00 p.m. City Council meeting and set the second public hearing on
the 57¢ tax rate for Tuesday, September 2, 2008 during a special 6:00 p.m. City Council
meeting.
EXPLANATION OF NOTICE BELOW
The City of North Richland Hills is proposing a 57¢ tax rate for the coming fiscal year.
The City has maintained this same 57~ tax rate for sixteen consecutive years. The
Notice below is required by the State of Texas to be published regarding the tax rate
and property taxes because of increases in overall taxable values as of January 1,
2007. Your individual taxes may decrease, stay the same or increase depending on the
change in the taxable value of your property. Disabled citizens and citizens over sixty-
five years of age who reside in the same property as last year will pay the same
property tax as last year. The City Council and management of the City of North
Richland Hills are proud of the progress we have made while demonstrating sound
financial management of our Citizens' tax dollars.
Voce o' 'u ~ is = ea' ~g o i -ax nc'ease
The CITY OF NORTH RICHLAND HILLS, TEXAS will hold two public hearings on a proposal to increase
tax revenues from properties on the tax roll in the preceding tax year by 1.233 percent (percentage by
which proposed tax rate exceeds lower of rollback tax rate or effective tax calculated under Chapter 26,
Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending
on the change in taxable value of your property in relation to the change in taxable value of all other
property and the tax rate that is adopted.
The first public hearing will be held on August 26, 2008 at 7:00 pm at North Richland Hills City Hall City
Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas.
The second public hearing will be held on September 2, 2008 at 6:00 pm at North Richland Hills City Hall
City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas.
The members of the governing body voted on the proposal to consider the tax increase as follows:
FOR:
AGAINST:
PRESENT and not voting:
ABSENT:
The average taxable value of a residence homestead in North Richland Hills, Texas last year was
$122,754 (average taxable value of a residence homestead in the taxing unit for the preceding tax year,
disregarding residence homestead exemptions available only to disabled persons or persons 65 years of
age or older). Based on last year's tax rate of $0.57 per $100 of taxable value, the amount of taxes
imposed last year on the average home was $699.70 (tax on average taxable value of a residence
homestead in the taxing unit for the preceding tax year, disregarding residence homestead exemptions
available only to disabled persons or persons 65 years of age or older).
The average taxable value of a residence homestead in North Richland Hills, Texas this year is $127,337
(average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding
residence homestead exemptions available only to disabled persons or persons 65 years of age or older).
If the governing body adopts the effective tax rate for this year of $0.563058 per $100 of taxable value,
the amount of taxes imposed this year on the average home would be $716.98 (tax on average taxable
value of a residence homestead in the taxing unit for the current tax year, disregarding residence
homestead exemptions available only to disabled persons or persons 65 years of age or older).
If the governing body adopts the proposed tax rate of $0.57 per $100 of taxable value, the amount of
taxes imposed this year on the average home would be $725.82 (tax on the average taxable value of a
residence homestead in the taxing unit for the current year, disregarding residence homestead
exemptions available only to disabled persons or persons 65 years of age or older).
Members of the public are encouraged to attend the hearings and express their views.
Notice of Tax Revenue Increase
The City of North Richland Hills, Texas conducted public hearings on August 26, 2008 and September
2, 2008 on a proposal to increase the total tax revenues of the City of North Richland Hills from properties
on the tax roll in the preceding year by 2.20 percent.
The total tax revenue raised last year at last year's tax rate of 57¢ for each $100 of taxable value was
$20, 379, 252.
The total tax revenue proposed to be raised this year at the proposed tax rate of 57¢ for each $100 of
taxable value, excluding tax revenue to be raised from new property added to the tax roll this year, is
$20, 827, 749.
The total tax revenue proposed to be raised this year at the proposed tax rate of 57¢ for each $100 of
taxable value, including tax revenue to be raised from new property added to the tax roll this year, is
$21, 429, 065.
The City Council is scheduled to vote on the tax rate that will result in that tax increase at a public
meeting to be held on September 8, 2008 at North Richland Hills City Hall City Council Chambers, 7301
N.E. Loop 820, North Richland Hills, Texas at 7:00 pm.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. G.0
Subject: EXECUTIVE SESSION ITEMS
No items for this category.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. H.0
Subject: INFORMATION AND REPORTS
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office Council Meeting Date: 8-11-2008
Presented by: Robert Earley, Interim CEO of JPS Health Network Agenda No. H.1
Subject: IR 2008-086 JPS Report on Activities in Schools
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2008-086
~ Date: August 11, 2008
Subject: JPS Report on Activities in Schools
Robert Earley, Interim CEO of JPS Health Network, will be at Monday's Regular City
Council Meeting to talk to the City Council about JPS Health Network's school based
health clinics. JPS Health Network partners with school districts around Tarrant
County to provide affordable healthcare to students and their siblings. JPS Health
Network partners with Birdville ISD at Carrie F. Thomas Academy elementary school in
North Richland Hills.
JPS Health Network school-based health centers are geared toward keeping children
healthy. The facilities offer health care to students and their siblings. Each visit is five
dollars. A nurse practitioner on site provides multiple services to students such as
annual physicals, immunizations, treatment for sore throats, colds and other illnesses.
The health clinics also help with the management of chronic diseases such as acne,
asthma, diabetes, allergies and weight problems. In addition, they provide health
education programs on nutrition and exercise.
All of the school health clinics, including the one located at Carrie F. Thomas
Academy, are open on days when school is in session and offer appointments before
and after school. All students attending Birdville ISD schools may use the clinic at
Carrie F. Thomas Academy.
JPS Health Network believes these school clinics are an integral part of their overall
health coverage.
Respectfully Submitted,
Elizabeth Reining
Assistant to the City Manager
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Councilman Tim Welch
Council Meeting Date: 8-11-2008
Agenda No. H.2
Subject: Announcements -Councilman Welch
Announcements
The City of North Richland Hills will display its Artists at Work employee art exhibit
August 15th through August 23rd in the Recreation Center Assembly Room. For
more details, please call 817-427-6614.
The Companies in Action Volleyball Tournament will be held on Saturday, August
16th, at the NRH Recreation Center. Local businesses interested in competing in this
event should call 817-427-6600 for more details.
The August 25th City Council Meeting has been rescheduled to Tuesday, August
26th. The meeting will be held at 7 p.m. in the City Council Chambers. During this
meeting, the City Council will conduct a public hearing on the proposed budget and tax
rate.
The NRH Police Department is accepting applications for the next session of the
Citizens Police Academy (CPA). The CPA meets on Thursdays for 12 consecutive
weeks from 7 p.m. to 10 p.m. The next session begins August 28th. For an application
or more information, call Officer Bauman at 817-427-7021 or log on to nrhtx.com.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Officer Rick Drake, Police Department
A homeowner called to thank Officer Drake for checking his residence after locating an
open garage door. He stated he was glad to see that the officers patrolling his area are
investigating suspicious circumstances.
CI TY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-11-2008
Agenda No. H.3
Subject: Adjournment