HomeMy WebLinkAboutCC 2010-05-10 AgendasAGENDA ADDENDUM
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL CITY COUNCIL WORKROOM
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, May 10, 2010
6:00 P.M.
The following items are added to the Work Session agenda:
EXECUTIVE SESSION -The City Council may enter into closed Executive Session to
discuss the following as authorized by Chapter 551, Texas Government Code
A.4a Executive Session: Pursuant to Section 551.071 Texas Government Code for
Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban
Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); 2) Arcadia
Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09);
3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-
09))
Certification
I do hereby certify that a copy of the May 10, 2010 addendum to agenda of items for
consideration by 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 May 7, 2010 at y.'a y ~y~,-~ .
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.
Addendum to NRH City Council Agenda -May 10, 2010
Page 1 of 2
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL CITY COUNCIL WORKROOM
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, May 10, 2010
6:00 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2010-036 Volunteer Social Transportation for Seniors Update (10 Minutes)
A.3 IR 2010-037 Status Report on Capital Improvement Projects (10 Minutes)
A.4 IR 2010-039 North Richland Hills Market Study -Status Update (15 Minutes)
A.5 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 May 7, 2010 at ,, ~ ~ a.m.
,~
~~ ,
s is t City ecretary
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.
NRH City Council Agenda -May 10, 2010
Page 1 of 4
AGENDA ADDENDUM
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, May 10, 2010
7:00 P. M.
The following items are added to the Regular agenda:
G.0 Executive Session Items
G.1 Action on Any Item Discussed in Executive Session Listed on Work Session
Agenda
Certification
I do hereby certify that a copy of the May 10, 2010 addendum to agenda of items for
consideration by 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 May 7, 2010 at c%.aUp/n
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.
Addendum to NRH City Council Agenda -May 10, 2010
Page 2 of 2
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, May 10, 2010
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:
^ 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 -Councilman Lombard
A.2 Pledge -Councilman Lombard
A.3 Special Presentation(s) and Recognitions) -Proclamation for Motorcycle Safety and
Awareness Month presented by Mayor Pro Tem Turnage
A.4 Special Presentation(s) and Recognitions) -Proclamation for National Public Works
Week presented by Councilman Welch
A.5 Special Presentation(s) and Recognitions) -Proclamation for Police Week presented
by Councilman Sapp
A.6 Special Presentation(s) and Recognitions) -Business Recognition for Exceptional
Performance in Food Safety presented by Councilman Barth
A.7 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.
NRH City Council Agenda -May 10, 2010
Page 2 of 4
A.8 Removal of Item(s) from Consent Agenda
6.0 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 April 26, 2010 City Council Meeting
C.0 PUBLIC HEARINGS
C.1 SUP 2010-01 Open Public Hearing and Continue Consideration of a Request from
QuikTrip for a Special Use Permit for a Convenience Store/Gas Station with nine fueling
stations or more located at the southwest corner of NE Loop 820 and Rufe Snow Drive
(Continuation for June 14, 2010 City Council meeting)
C.2 FP 2009-09 Public Hearing and Consideration of a Request from J & J NRH 100, FLP
to Approve a Final Plat consisting of Lots 11-17, Block 8 and Lots 7-19, Block 9,
Thornbridge East Phase IV Addition. Also included is a replat of Lot 7, Block 8 and Lot
5, Block 9, Thornbridge East Phase III Addition into Lot 7R, Block 8, and Lot 5R, Block
9, Thornbridge East Phase IV Addition (located in the 8900 block of Glendara Drive -
6.791 acres.)
C.3 GN 2010-028 Public Hearing and Consideration of Ordinance Readopting Youth
Programs Standards of Care -Ordinance No. 3084
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 2010-019 Approve Ordinance Amending Section 2-233 of the North Richland Hills
Code of Ordinances, Authorizing the City Manager to execute releases and partial
releases of liens upon receipt of sums due -Ordinance No. 3092
E.2 PW 2010-020 Award a Professional Services Agreement in the amount of $49,900 to
Birkhoff, Hendricks & Carter, L.L.P. for the Terry Drive (Susan Lee Lane to North
Richland Boulevard) Street Improvements Project (ST1003)
E.3 PW 2010-021 Award a Professional Services Agreement to Halff Associates, Inc. in the
amount of $77,000 for the Mackey Drive (Briley Drive to Glenview Drive) Street
Improvements Project (ST0905)
NRH City Council Agenda -May 10, 2010
Page 3 of 4
F.0 GENERAL ITEMS
F.1 GN 2010-029 Discussion and consideration of an Ordinance authorizing the issuance of
City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited
Pledge) Revenue Certificates of Obligation, Series 2010 and resolving other matters
incident and related thereto -Ordinance No. 3091
F.2 GN 2010-027 Approval of The Nomination of Columbia North Hills Hospital Subsidiary,
L.P. to the Office of the Governor, Economic Development and Tourism for designation
as a Texas Enterprise Project -Resolution No. 2010-018
F.3 GN 2010-030 Approve Contract with American Bottling Company for Parks and
Recreation Department Beverage Sponsorship
G.0 EXECUTIVE SESSION ITEMS
No items for this category.
H.0 INFORMATION AND REPORTS
H.1 Announcements -Mayor Pro Tem Turnage
H.2 Adjournment
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 Richla d Hills, Texas in compliance with Chapter 551, Texas
Government Code on May 7, 2010 at ~'~, a.m. --~~, ~ F~
ry
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.
NRH City Council Agenda -May 10, 2010
Page 4 of 4
AGENDA ADDENDUM
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL CITY COUNCIL WORKROOM
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, May 10, 2010
6:00 P.M.
The following items are added to the Work Session agenda:
EXECUTIVE SESSION -The City Council may enter into closed Executive Session to
discuss the following as authorized by Chapter 551, Texas Government Code
A.4a Executive Session: Pursuant to Section 551.071 Texas Government Code for
Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban
Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09); 2) Arcadia
Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09);
3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-
09))
Certification
I do hereby certify that a copy of the May 10, 2010 addendum to agenda of items for
consideration by 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 May 7, 2010.
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.
Addendum to NRH City Council Agenda -May 10, 2010
Page 1 of 2
City of North Richland Hills
City Council Work Session Meeting Agenda
North Richland Hills City Hall City Council Workroom
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, May 10, 2010
6:00 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2010-036 Volunteer Social Transportation for Seniors Update (10 Minutes)
A.3 IR 2010-037 Status Report on Capital Improvement Projects (10 Minutes)
A.4 IR 2010-039 North Richland Hills Market Study -Status Update (15 Minutes)
A.5 Adjournment
crrY aF
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010-036
~~~, Date: May 10, 2010
`'`~a
Subject: Volunteer Social Transportation for Seniors Update
~,;
The Social Transportation for Seniors (STS) program offers volunteer provided
transportation to seniors for leisure and social activities. A City of North Richland Hills'
representative sits on the Board of STS and the City provides office space to the
organization. Staff and members of STS will update Council on STS operations.
STS has been operational since September 2009 with ridership growing month by
month. The non-profit organization is governed by a Board of Directors and includes
representatives from the City of North Richland Hills, the Community Enrichment
Center, United Way Northeast, Isolated Seniors Resource Group, the Tarrant County
Commissioners Office, the Wellington and Meals on Wheels.
The purpose of STS is to reduce senior isolation by providing transportation for leisure
and social activities including visits to senior centers, recreation centers, social and
community events, shopping and personal grooming. Since most senior transportation
services focus on medical care trips, STS fills an important gap by providing
transportation for meaningful social experiences and the ability to pertorm basic quality
of life tasks. These experiences reduce isolation by connecting seniors to others and
the community at large.
The City of North Richland Hills provides office space for the program and a computer
and phone line at the Dan Echols Senior Center. STS provides general supplies,
insurance and background checks on the volunteers. Two volunteer trip coordinators
and 12 volunteer drivers are the heart of the program and provide the daily operations.
The Board of Directors provides oversight and is actively seeking grants to hire a Trip
Coordinator and to provide necessary supplies and equipment for the program.
North Richland Hills residents over the age of 62 are eligible for the program. Rides are
provided Monday through Friday from 8:00 a.m. - 4:00 p.m. within a seven mile radius
ofMid-Cities and Davis Blvd.
The Board of Directors, as well as volunteers, will be present during the work session.
Staff will provide a brief PowerPoint Presentation updating City Council on the
program.
Respectfully Submitted,
Vickie Loftice
Managing Director of Community Services
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010-037
r~,
<; .+' ~~ .., Date: May 10, 2010
... ,.~~n..:..... ~.
t.1 `~~~
~~` ~ Subject: Status Report on Capital Improvement Projects
There are over 100 capital projects included in the Fiscal Year 2009/2010 Capital
Projects Budget. Departmental personnel responsible for these projects update
information monthly to provide management with an overview consisting of expenses-
to-date versus approved budget, percent complete against project phase timelines and
the current status of the project including any critical issues.
It is our goal to keep Council informed of the status of capital improvement projects.
On a quarterly basis, staff selects major projects and presents an update to Council at
a work session, followed by an opportunity to address Council questions. The
following capital projects have been selected for this update:
• Briley Drive (Lariat to Rufe Snow)
• Rufe Snow Drive (Karen to 820)
• Yarmouth Avenue (Mid-Cities to Newcastle)
• Odell Street Drainage I mprovements
• Little Bear Creek Trail / Calloway Branch Trail Development
• Grand Avenue Park Plaza and Public Art
The presentation will focus on the project expenses, timeline and highlight any
changes and/or adjustments that have occurred since Council was last briefed on
these projects.
I look forward to discussing these projects with Council Monday night.
Respectfully Submitted,
Mark C. Mills
Budget Director
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010-039
r~~,
„"~~,, Date: May 10, 2010
~~',r `'' Subject: North Richland Hills Market Study -Status Update
The opportunity exists to provide an update on the analysis of various trade areas
within the city. A study was conducted over the course of February, March and April of
2010 with a focus on retail supply and demand. Staff would like to share preliminary
findings with City Council.
Background
Back on January 25, 2010 city council authorized staff to conduct a series of market
studies that focus on the retail supply and demand within North Richland Hills.
The scope of work considered 5 distinct trade areas that make up 85% of the retail
space within NRH. These 5 areas also align with various long term City strategies
such as the North Tarrant Express, the two Transit Oriented Developments and the
redevelopment of the Calloway Creek Commercial Area.
The trade areas that were studied are:
• West Loop 820
o lntersection of Rufe Snow & Loop 820
• Calloway Creek Commercial Area
o Intersection of Roger Line & Boulevard 26
• 121/183 Gateway
o lntersection ofBedford-Euless Road & SH 721/183
• HomeTown/Smithfield
o lntersection of Hawk Ave & Mid Cities Blvd
• North Tarrant
o Intersection of North Tarrant Pkwy & Davis Blvd
Staff would like to review preliminary findings for each of the 5 trade areas.
Respectfully Submitted,
Craig Hulse
Director, Economic Development
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~
CITY OF
AGENDA ADDENDUM
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, May 10, 2010
7:00 P.M.
The following items are added to the Regular agenda:
G.0 Executive Session Items
G.1 Action on Any Item Discussed in Executive Session Listed on Work Session
Agenda
Certification
I do hereby certify that a copy of the May 10, 2010 addendum to agenda of items for
consideration by 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 May 7, 2010.
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.
Addendum to NRH City Council Agenda -May 10, 2010
Page 2 of 2
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, May 10, 2010
7:00 P.M.
A.0 Call to Order -Mayor Trevino
A.1 Invocation -Councilman Lombard
A.2 Pledge -Councilman Lombard
A.3 Special Presentation(s) and Recognitions) -Proclamation for Motorcycle Safety
and Awareness Month presented by Mayor Pro Tem Turnage
A.4 Special Presentation(s) and Recognitions) -Proclamation for National Public
Works Week presented by Councilman Welch
A.5 Special Presentation(s) and Recognitions) -Proclamation for Police Week
presented by Councilman Sapp
A.6 Special Presentation(s) and Recognitions) - Business Recognition for
Exceptional Performance in Food Safetypresented by Councilman Barth
A.7 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.8 Removal of Item(s) 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 April 26, 2010 City Council Meeting
C.0 PUBLIC HEARINGS
C.1 SUP 2010-01 Open Public Hearing_and Continue Consideration of a Request
from QuikTrip for a Special Use Permit for a Convenience Store/Gas Station with
nine fueling stations or more located at the southwest corner of NE Loop 820 and
Rufe Snow Drive (Continuation for June 14 2010 City Council meeting)
C.2 FP 2009-09 Public Hearing and Consideration of a Request from J & J NRH
100 FLP to Approve a Final Plat consisting of Lots 11-17, Block 8 and Lots 7-19,
Block 9 Thornbridge East Phase IV Addition. Also included is a replat of Lot 7,
Block 8 and Lot 5 Block 9 Thornbridge East Phase III Addition into Lot 7R,
Block 8 and Lot 5R Block 9 Thornbridge East Phase IV Addition (located in the
8900 block of Glendara Drive - 6.791 acres.)
C.3 GN 2010-028 Public Hearing and Consideration of Ordinance Readopting Youth
Programs Standards of Care -Ordinance No. 3084
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 2010-019 Approve Ordinance Amending Section 2-233 of the North Richland
Hills Code of Ordinances Authorizing the City Manager to execute releases and
partial releases of liens upon receipt of sums due -Ordinance No. 3092
E.2 PW 2010-020 Award a Professional Services Agreement in the amount of
X49 900 to Birkhoff Hendricks & Carter L.L.P. for the Terry Drive (Susan Lee
Lane to North Richland Boulevard) Street Improvements Project (ST1003)
E.3 PW 2010-021 Award a Professional Services Agreement to Halff Associates, Inc.
in the amount of $77 000 for the Mackey Drive (Briley Drive to Glenview Drive)
Street Improvements Project (ST0905)
F.0 GENERAL ITEMS
F.1 GN 2010-029 Discussion and consideration of an Ordinance authorizing the
issuance of Cit of North Richland Hills Texas Tax and Waterworks and Sewer
System (Limited Pledge) Revenue Certificates of Obligation, Series 2010__ and
resolving other matters incident and related thereto -Ordinance No. 3091
F.2 GN 2010-027 Approval of The Nomination of Columbia North Hills Hospital
Subsidiary L P to the Office of the Governor, Economic Development and
Tourism for designation as a Texas Enterprise Project -Resolution No. 2010-
018
F.3 GN 2010-030 Approve Contract with American Bottling Company for Parks and
Recreation Department Beverage Sponsorship
G.0 EXECUTIVE SESSION ITEMS
No items for this category.
H.0 INFORMATION AND REPORTS
H.1 Announcements -Mayor Pro Tem Turnage
H.2 Adjournment
crry of
NORTH RlCHLAND HILLS
Department: City Secretary
Presented by: Mayor Oscar Trevino
Council Meeting Date: 5-10-2010
Agenda No. A.0
Subject: Call to Order -Mayor Trevino
crrY of
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Councilman Tom Lombard Agenda No. A.1
Subject: Invocation -Councilman Lombard
crrr of
NORTH RlCHLAND HILLS
Department: City Secretary
Presented by: Councilman Tom Lombard
Council Meeting Date: 5-10-2010
Agenda No. A.2
Subject: Pledge -Councilman Lombard
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Agenda No. A.3
Subject: Special Presentation(s) and Recognitions) -Proclamation for Motorcycle
Safety and Awareness Month presented by Mayor Pro Tem Turnage
NRH
CITY OF NORTH RICHLAND HILLS
PROCLAMATION
WHEREAS, today's society is finding more citizens involved in
motorcycling on the roads of our country; and
WHEREAS, motorcyclists are roughly unprotected and much more likely to
be injured or killed in a crash than other vehicle drivers; and
WHEREAS, campaigns have helped inform riders and motorists alike on
motorcycle safety issues to reduce motorcycle related risks, injuries, and most of
all fatalities, through a comprehensive approach to motorcycle safety; and
WHEREAS, it is the responsibility of all who put themselves behind the
wheel, to become aware of motorcyclists, regarding them with the same respect
as any other vehicle traveling the highways of this country; and
WHEREAS, urging all of our community to become aware of the inherent
danger involved in operating a motorcycle and give the operator the respect on
the road they deserve.
NOW, THEREFORE, I Oscar Trevino, Mayor of the City of North Richland
Hills, Texas do hereby proclaim the month May 2010 as
"MOTORCYCLE SAFETY & AWARENESS MONTH"
in the City of North Richland Hills.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the seal of the City of North Richland Hills
to be affixed this the 10th day of May 2010.
Oscar Trevino, Mayor
c~rY of
NDRTH R~CHLAND HILLS
Department: Public Works Council Meeting Date: 5-10-2010
Presented by: Agenda No. A.4
Subject: Special Presentations} and Recognitions} -Proclamation for National Public
Works Week presented by Councilman Welch
HRH
CITY OF NORTH RICHLAND HILLS
PROCLAMATION
WHEREAS, May 16th through May 22nd has been designated as National Public
Works Week; and
WHEREAS, National Public Works Week is a celebration of the tens of
thousands of men and women in North America who provide and maintain the
infrastructure and services collectively known as public works; and
WHEREAS, Public Works services provided in our community are an integral
part of the quality of life of our citizens' everyday lives; and
WHEREAS, the health, safety and well-being of North Richland Hills greatly
depends on Public Works services; and
WHEREAS, Public Works services could not be provided without the dedicated
efforts of public works professionals, engineers and administrators representing the
City, who are responsible for and must design, construct, operate and maintain the
transportation, water supply, sanitary sewer and drainage collection systems essential
to serve the citizens of North Richland Hills.
NOW, THEREFORE, I, Oscar Trevino, Mayor of the City of North Richland Hills,
Texas do hereby proclaim May 16 - 22, 2010 as:
"NATIONAL PUBLIC WORKS WEEK"
in the City of North Richland Hills and urge all citizens and civic organizations to
acquaint themselves with the wide range of items which involve Public Works services
and to recognize the contributions which Public Works employees make every day to
our health, safety, comfort and quality of life.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the seal of the City of North
Richland Hills to be affixed this the 10th day of May
2010.
Oscar Trevino, Mayor
crrY of
NORTH RICHLAND H/LL5
Department: Police
Presented by: Jimmy Perdue
Council Meeting Date: 5-10-2010
Agenda No. A.5
Subject: Special Presentation(s) and Recognitions) -Proclamation for Police Week
presented by Councilman Sapp
The first recognition of Police Week and Peace Officers Memorial Da~ was signed by
President Kennedy in 1961. It was resolved by Congress that May 15 h be designated
Peace Officers Memorial Day and the week in which it falls be designated as Police
Week. The purpose of Peace Officers Memorial Day is to honor the police officers at all
levels of government who have been killed or disabled in the line of duty.
Members from the North Richland Hills Police Department Honor Guard will attend
National Police Week activities in Washington D.C. and the Peace Officers Memorial
service to be held at the nation's Capitol on May 15, 2010.
I'~~IRH
CITY OF NORTH RICHLAND HILLS
PROCLAMATION
WHEREAS, the Congress and President of the United States have designated May 15th
as Peace Officers Memorial Day, and the week in which it falls as Police Week; and
WHEREAS, the members of the North Richland Hills Police Department play an
essential role in safeguarding the rights and freedoms of the citizens of North Richland Hills;
and
WHEREAS, it is important that all citizens know and understand the problems, duties
and responsibilities of their police department, and that members of our police department
recognize their duty to serve the people by safeguarding life and property, by protecting them
against violence or disorder, and by protecting the innocent against deception and the weak
against oppression or intimidation; and
WHEREAS, the North Richland Hills Police ^epartment has grown to be a modern and
scientific law enforcement agency which unceasingly provides a vital public service;
NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Oscar Trevino, Mayor of the City
of North Richland Hills do hereby proclaim the week of May 9 -May 15, 2010 as
"POLICE WEEK"
AND FURTHER PROCLAIM May 15, 2010, as
"PEACE OFFICERS MEMORIAL DAY"
and call upon all citizens of North Richland Hills and upon all patriotic, civil and educational
organizations to observe the week of May 9 through 15, 2010, as Police Week in which all of
our people may join in commemorating police officers, past and present, who by their faithful
and loyal devotion to their responsibilities have rendered a dedicated service to their
communities and, in doing so, have established for themselves an enviable and enduring
reputation for preserving the rights and security of all citizens.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the seal of the City of North Richland Hills to
be affixed this the 10th day of May 2010.
Oscar Trevino, Mayor
clrY of
NaRTH RlCHLAND HILLS
Department: Neighborhood Services
Presented by: Stephanie East
Council Meeting Date: 5-10-2010
Agenda No. A.6
Subject: Special Presentation(s) and Recognitions) - Business Recognition for
Exceptional Pertormance in Food Safety presented by Councilman Barth
In January 2010, the Consumer Health Division implemented a new incentive program
that will serve to recognize food establishments for their strong efforts in meeting state
and local health code requirements.
Each quarter, Consumer Health will present the operator of one or more local business
with a certificate announcing Exceptional Pertormance in Food Safety in some area of
food safety, sanitation and compliance with health regulations.
The winners for the first quarter of 2010 were each recognized for Sustained Overall
Improvement. The food establishments to be recognized are as follows:
Popeye's, 8393 Boulevard 26
2. Cinemark Movies 8, 7560 N.E. Loop 820
3. Chicken Express, 5100 Davis Blvd
crry of
NORTH RlCHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Agenda No. A.7
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.
cirr of
NORTH R~CHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 5-10-2010
Agenda No. A.8
Subject: Removal of Item(s) from Consent Agenda
crrr o1=
NDRTH R/CHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
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 noted 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.
c-rr vF
NORTH R-CHLAND H-LLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Agenda No. B.1
Subject: Approval of Minutes of April 26, 2010 City Council Meeting
Recommendation:
To approve the minutes of the April 26, 2010 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 -APRIL 2fi, 2010
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
26th day of April 2010 at 5:30 p. m. in the City Council Workroom 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 (present at 6:28 p.m.)
Tom Lombard Council, Place 3
Tim Barth Council, Place 4
Tim Welch Council, Place 7
Staff Members: Mark Hindman City Manager
Jared Miller Assistant City Manager
Jimmy Perdue Director of Public Safety
Mike Curtis Managing Director
Vickie Loftice Managing Director
Patricia Hutson City Secretary
Monica Solko Assistant 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
Eric Wilhite Chief Planner
Greg VanNieuwenhuize Assistant Public Works Director
Chris Swartz NRH2O Park Manager
Geoffrey Sherman Parks Landscape Horticulturalist
Absent: David Whitson Council, Place 5
Call to Order
Mayor Trevino called the work session to order at 5:30 p.m.
A.0 Discuss Items from Regular City Council Meeting
There were no questions from Council.
A.1 IR 2010-029 Community Garden Project
Vickie Loftice, Managing Director briefed Council on the possibility of starting a
community garden in the City of North Richland Hills. Community gardens are places
where neighbors can gather to cultivate plants, vegetables and fruits. Such gardens
can improve nutrition, physical activity, community engagement, safety, and economic
vitality for a neighborhood or city and its residents. By developing a community garden,
the City would be promoting healthy eating and active living which supports the Mayor's
Health and Fitness Initiative. Mayor Pro Tem Turnage also spoke on the benefits for
having a community garden. Ms. Loftice introduced Geoffrey Sherman, Parks
Landscape Horticulturalist, who presented a PowerPoint presentation with pictures of
other community gardens in the area and briefed Council on the benefits and funding for
the project. The City would provide the organizational structure, oversight of
construction and coordination of volunteers for the Community Garden. Davis Memorial
United Methodist Church has agreed to provide the land for up to 70 garden plots
adjacent to the church on Davis Boulevard. Since funding is not available in this fiscal
year, sponsorships and donations would need to be acquired. To fill in sponsorship
gaps, a new project for the Community Garden has been included in the Proposed FY
2010/2011 Park Development Corporation Budget. Budget approval of this project will
depend on available funding and the projects priority when compared to other submitted
projects. After brief discussion and questions by the Council, the consensus was to
move forward with the project and bring back to Council for approval.
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 Executive Session: Pursuant to Section 551.071 Texas Government Code for
Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban
Partners Ltd vs City of North Richland Hills Lo. 096-236530-09); 2) Arcadia
Land Partners 25 Ltd et al vs. City of North Richland Hills (No. 067-241297-09};
3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352-237213-09)
Mayor Trevino announced at 5:55 p.m. that the Council would adjourn into Executive
Session as authorized by Chapter 551, Texas Government Code, specifically Section
551.071 for consultation with attorney regarding pending litigation - 1}Hometown Urban
Partners, Ltd. vs. City of North Richland Hills (No. 096-236530-09}; 2} Arcadia Land
Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09}; 3) Venue at
Hometown vs. City of North Richland Hills, et al (No. 352-237213-09).
Mayor Pro Tem Turnage Left at 6:50 p.m.
C.0 Adjournment
Mayor Trevino announced at 6:54 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 April 26, 2010 at 7:01 p.m. and announced
that the City of Hurst had challenged the City of North Richland Hills to have the most
participants register for the Komen Foundation Race for the Cure. The City of North
Richland Hills beat the City of Hurst with more participants and also received 3~d Place
in community size to register for the race.
ROLL CALL
Present: Oscar Trevino Mayor
John Lewis Council, Place 1
Ken Sapp Council, Place 2
Tom Lombard Council, Place 3
Tim Barth Council, Place 4
Tim Welch Council, Place 7
Staff:
Mark Hindman
Jared Miller
Jimmy Perdue
Mike Curtis
Vickie Loftice
Patricia Hutson
Monica Solko
George Staples
Absent: David Whitson
Scott Turnage
City Manager
Assistant City Manager
Director of Public Safety
Managing Director
Managing Director
City Secretary
Assistant City Secretary
Attorney
Council, Place 5
Mayor Pro Tem, Council, Place 6
A.1
INVOCATION
Councilman Barth gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Barth led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITIONS) -
YARD OF THE MONTH WINNERS PRESENTED BY COUNCILMAN LEWIS
Holly Bullington, Keep NRH Beautiful Commission Member and Councilman Lewis
recognized the following yard of the month recipients for April: Isabell Martinez, 3517
Bewley 5t.; Duane Stubblefield, 7105 Briley Dr.; Cathy Tucker, 6308 Inverness; Barbara
Lipper, 7553 Circle Dr.; Michael Sherrill, 8016 Ulster Dr.; David Vibbard, 7009
Goodnight Ranch Rd.; Frank Kossler, 8800 Thornway Dr.; Judy C. Young, 7813
Redwood Ct.; Jim & Barbara Tedesco, 7712 Silverleaf Drive. Don Pablo's, 5121 Rufe
Snow Dr. was recognized as the April Business Landscape winner and Gwendolyn
Weisell, 7505 Orchard Court was recognized as the April SmartScape winner.
A.4
SPECIAL PRESENTATION(S) AND RECOGNITIONS)
IR 2010-030 CERTIFICATE OF ACHIEVEMENT FDR EXCELLENCE IN FINANCIAL
REPORTING FOR THE COMPREHENSIVE FINANCIAL REPORT ENDING
SEPTEMBER 30, 2008
Mr. Larry Koonce, Finance Director, introduced Mr. Fred Werner, Director of Finance,
City of Grapevine and representing the Government Finance Officers Association of
Texas.
Mr. Fred Werner presented the Certificate of Achievement for Excellence in Financial
Reporting for the Comprehensive Financial Report to the City. The City has received
the Certificate of Achievement Award for the last 26 years. Fourteen percent of the
cities in the State of Texas and five percent of the cities in the United States received
the award.
A.5
SPECIAL PRESENTATION{S) AND RECOGNITIONS)
IR 2010-028 STAR COMMUNITY INDEX PRESENTED BY COUNCILMAN EARTH
Councilman Barth briefed the City Council and the community on the STAR Community
Index, which he has been helping to develop. The STAR Community Index (STAR} is a
national, consensus-based framework for gauging the sustainability and livability of
American communities. STAR was developed through a partnership between Local
Governments for Sustainability (ICLEI), the U.S. Green Building Council (USGBC) and
the Center for American Progress (CAP). STAR is being developed to be similar to the
LEED guidelines for sustainability, but directed towards communities and not individual
structures and projects. It is expected that STAR will become the definitive means by
which local governments measure and certify their sustainability achievements.
A.6
SPECIAL PRESENTATION(S) AND RECOGNITIONS)
A LOOK THROUGH THE LENS -NORTH RICHLAND HILLS IN BLOOM
Vickie Loftice, Managing Director presented a video highlighting pictures from the
community. Each month, a one to two minute video will be shown during City Council
after the Announcements section of the meeting. These monthly videos will highlight
images of various places, parks, hidden natural treasures as well as recent events in
the city. The photos and images will be provided by staff and our citizens.
A.7
CITIZENS PRESENTATION
Mayor Trevino called on each individually to come up to the podium.
Russ Mitchell, 3917 Diamond Loch West
Brian Crowson, 7816 Baywood Court
Marvin Smith, 7600 Douglas
Each spoke on the importance of the Crime Control District and the importance of voting
in favor of keeping the Crime Control District in the upcoming election.
A.8
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES APRIL 12, 2010 CITY COUNCIL MEETING
B.2 PU 2010-010 AWARD BID 10-026 FOR NRH20 FOOD SERVICE PRODUCTS
TO C.D. HARTNETT, TEXAS BEVERAGE, BEN E. KEITH, LA CREME
COFFEE ~& TEA AND FLOWERS BAKING CO.
COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN LOMBARD
SECONDED THE MOTION..
MOTION TO APPROVE CARRIED 5-0.
PUBLIC HEARINGS
C.D
No items for this category.
PLANNING & DEVELOPMENT
D.0
No items for this category.
PUBLIC WORKS
E.0
No items for this category.
GENERAL ITEMS
F.1
GN 2010-021 PRESENTATION OF FISCAL YEAR 2009 AUDITED FINANCIAL
REPORT
APPROVED
Mr. Larry Koonce, Finance Director, presented the 2009 Fiscal Year Audited Financial
Report advising of year-end results and fund balance data for the various funds. Mr.
Terry Kyles from the independent audit firm of Deloitte and Touche presented the audit
opinion and report. The auditor's opinion was an unqualified opinion or a "clean"
opinion meaning that they found the Financial Statements of the City to fairly present
the City's financial position.
COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010-021 ACCEPTING THE 2009 FISCAL
YEAR AUDITED FINANCIAL REPORT AS PRESENTED. COUNGJLMAN LEWIS SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 5-O.
F.2
GN 2010-024 APPOINTMENT TO TEEN COURT ADVISORY BOARD -PLACE 5
APPROVED
Patricia Hutson, City Secretary, summarized the item. The Place 5 position on the Teen
Court Advisory Board is currently vacant. Councilman Whitson is recommending the
appointment of Ms. Nikki Novak to fill the vacancy with the term expiring June 30, 2011.
CauNGI~Iw~N WELCH nnovEl~ T'O APPQINT Ms. NIKKI NQVAK m Pt.ACE 5 oN THE TEEN CouRT
AQVtSORY BQARD, TERM EXPIRING JUNE 30, 2011. GQUNGILMAN BARTH SEG~[pEQ THE
IUIOTIQN.
Mf'7TIQN TO APPRQVE CARRIED 5-0.
EXECUTIVE SESSION ITEMS
G.1
ACTION ON ANY ITEM DISCU55ED IN EXECUTIVE 5ES51ON LISTED ON WORK
SESSION AGENDA
No action required.
INFORMATION AND REPORTS
H.1
ANNOUNCEMENTS
Councilman Lombard made the following announcements.
Early voting for the May 8th election began today, April 26th, and continues through May
4th at the NRH Recreation Center. The position of Mayor and City Council Places 2, 4
and 6 will be on the ballot, along with a referendum on whether the Crime Control &
Prevention District should be continued for 20 years. For more information about this
election, visit the City's web site at www.nrhtx.com or call 817-427-6060.
The Sounds of Spring Concert Series continues every Friday night through May 7th at
NRH2O. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is free.
Remember to bring blankets and lawn chairs. For more information, visit the City's web
site or call 817-427-6600.
The City of North Richland Hills is hosting four Energy Efficiency Workshops in May.
Participants will learn simple techniques to make their home more energy efficient.
Participants will also receive a free Energy Efficiency Tool Kit. To sign up and get more
details, please call 817-427-6650.
Kudos Korner -Geoffrey Sherman, Parks & Recreation Department. Several emails
were received from residents who attended the Spring in the Garden Seminar. They
thanked Geoffrey for presenting valuable information in a fun and relaxed way. They
also thanked the entire team of employees who are responsible for continuously
maintaining our beautiful city landscape day after day.
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:49 p.m.
Oscar Trevino -Mayor
ATTEST:
Patricia Hutson, City Secretary
CITY DF
NDRTH RlCHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Agenda No. C.0
Subject: PUBLIC HEARINGS
ciry of
NORTH R~CHLAND HALLS
Department: Planning and Development Council Meeting Date: 5-10-2010
Presented by: Eric Wilhite Agenda No. C.1
Subject: SUP 2010-01 Open Public Hearing and Continue Consideration of a Request
from QuikTrip for a Special Use Permit for a Convenience Store/Gas Station with nine
fueling stations or more located at the southwest corner of NE Loop 820 and Rufe Snow
Drive (Continuation for June 14, 2010 City Council meeting}
APPLICANT: QuikTrip Corporation, represented by JD Dudley.
REQUEST TO CONTINUE TO THE JUNE 14, 2010 CITY COUNCIL MEETING: Staff is
requesting that this item be continued to the June 14, 2010 Planning and Zoning
Commission Meeting. The Planning and Zoning Commission opened the public hearing
for the case and continued it to the May 20, 2010 meeting. Because the Special Use
Permit was double notified it was also posted for the May 10, 2010 City Council
meeting. Therefore the applicant is requesting the case be continued by City Council to
the June 14, 2010 meeting.
This continuance will allow time for a few remaining issues with the Special Use site
plan to be resolved.
clrY of
NORTH RlCHLAND HILLS
Department: Planning and Development Council Meeting Date: 5-10-2010
Presented by: Eric Wilhite Agenda No. C.2
Subject: FP 2009-09 Public Hearing and Consideration of a Request from J & J NRH
100, FLP to Approve a Final Plat consisting of Lots 11-17, Block 8 and Lots 7-19, Block
9, Thornbridge East Phase IV Addition. Also included is a replat of Lot 7, Block 8 and
Lot 5, Block 9, Thornbridge East Phase III Addition into Lot 7R, Block 8, and Lot 5R,
Block 9, Thornbridge East Phase IV Addition (located in the 8900 block of Glendara
Drive - 6.791 acres.)
Case Summary: J & J NRH 100, FLP (John Bartield) is proposing to plat this 6.791
acre tract for development of single family residences. A total of 22 lots are being
platted in this addition with the majority being approximately 80' x 120'. Two new
residential streets and an extension of the existing Glendara Drive are proposed which
will form a loop configuration.
All 22 of the proposed lots are within 600 feet of the Morrow-Stevens gas well pad site,
located to the south of the subject development. Several lots are also within 300 feet of
the actual drill holes. The City's gas drilling ordinance requires the permission from the
property owners of lots within this 30D feet grant permission for drilling. Based on the
timing of construction and completion of street and lot infrastructure, building permits
could be applied for to construct new homes prior to Chesapeake completing its drilling
operations. This could effect the drilling operations at this pad site. Both the developer
and Chesapeake Energy are aware of the circumstances and the provisions in the City
of North Richland Hills Gas Drilling ordinance as it pertains to residential building
permits occurring and how this could effect the drilling operations at the site.
Current Zoning: R-2 (Single Family Residential)
Thoroughfare Plan: Phase IV of the Thornbridge East development will include the
addition of two new streets and the extension of an existing street. Souththorn Drive
and Wentwoth Drive are the proposed new streets and the existing Glendara Drive will
be extended toward the southwest from its current terminus. All of these streets are
classified as R2U Residential and contain 50 feet of ROW.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses
for this area. The lots proposed by this plat are consistent with the plan.
Staff ReviewlRough 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, based on
the public improvements indicated on the construction plans, the developer will be
100% responsible for the improvements.
Staff Recommendation: Approval of final plat request FP 2009-09.
Planning 8~ Zoning Commission Recommendation: Approval by a 4-0 vote.
Review Schedule:
Application: 1116109 Applicant Revision Time: 16 weeks
Final Hearing: 5110110 Scheduling Time: 4 weeks
Staff Review: 6 weeks Total Review Time: 26 weeks
LOCATION MAP
AERIAL PHOTO
PROPERTY OWNER NOTIFICATION
~, c ~"`-.~,;
;''~ , ' ~ NOTICE OF PUB~.IC 1•#EA~2ING
x~=''~ C(TY C3F ~Jt~RTI R1CHL~D HtL~S
~ri-,-~, t~ITY CC)iI~NCIL
Case #. I"P 2E19- fl
Applic~n#: .~ 8~ J NRH 1UU~ FI.P
Location: ~~p~ Black +~f tl~ndara tJrlve {6«791 acr~s,j
You are receCvtng this notice because ynu are a prnp~+rty cswner of record in the wtdhEtt
200 feet afi the property shown on the attach+od map.
Prose tx!" Pulailc Hearin
A€ t'utaiic i°iearinc~ is being held to C;ansider a Re*i€~eat frorrr ~l .) %~RN 1(lCl, FCwI' far a Finn{
Flat consisting of Lets 1 i..17, Plr.c& $ ar7d lots '~-1$, 8lcack g, 'Tharnbritlye East Phase irr
Addition. Also it'~tuced is a repl<~t oaf f~aB T, ~ilack 8 artd i.+.at 5, Bicsck Thorntaridge Gast
Phase III Additican irtta fat 7Ft, E31r~ck 8, at~d I-az b, llatzit g. 1`h~arntaridge East Phase IV
Addition..
Ptat~iic He~,rinr{, h~~t~!:
P€abiic Hearing bate ~tTY C~}t1NGtL
nnr~wcr~av« M~~ ta, ono
Meeting Tir~te; 7:Ct~l P.M,
Meeting Lacati~rrr. CITY Ct~IIMCtL GHAt1A8RS
73111' N. E. LC?~P 82t}
fd4~ir{TH RtCHLANa HfL.L». TE}iCA.
tf yriu have any questions car wish to stabmit a petition yr fetter concerning the ebrave
requeat« pieae~e contact:.
Plarsning I~.~a~rtn7ent - tarty c~fi l+lorth F~chl~nc3 hiYil~
;~ :t!"tt ~7cartti?ast Lraap $~4
~14rYn F. ~",~I~rt~ ~-iitls, Tu~x~3 7#31$0
t~hvr'ea €" `) ~'.';_63t~v f=~tx {ki1"t'j 4~?'-Ei3G$
212_Q15 (c) i# thy: propc>sc:cl rc~r ~r rEq€aires a variances ar~d is fraertested err acc.:carciarcr~e~ with
this sut~ectian, the prespasced rr ,~I<jt ncust r€~v,eive. in carder tca tae appravr~d. the affirmative
vote crt at feast three-tcaurths of e mer€ttaers ~+reaen~ of tt~~ txtunieipat ptana~ing carrcmissian car
gavernkng bacfy« ar bath.. For a t~;~at prat~,et, ur~t*+~ , ~~~~strczr„c~nt4 srg tad by th~a avcrr~er~s mat
ie~a~st 20 percent af~thc~ area caf the ta1~s ar tend ~ cn~ ~~ i aTe'y adj«,ni,~g the area covsreci by the
proposed reptat and extending 2034 feet franc ttrat a.rr` :~, but>:vittr~r the ariginai suiadivisian,
must Cse filed vc+ith the rnunicipai planning camissiars crr gavrarnir~g k~cxty, car bath. prier tca
the ciase of the prxbiic hearrng {Tex~s~ iwacat avr~+rrtrrm€~nt Code
Property Owner Notification List
Thomas Panno Custodian
Sep,`Ira First State Bank
P~8ox10
Gainesville tx 7624 ~-0010
Joseph C Etux Qonna bNiliiams
8949 Glendora Dr
N Richind H!s Tx 76182-7535
,l & J Nrh 10G E!p
?00'JV Harwa~d Rd Ste A
1-lurst Tx 76054-3357
Alamo Ventures Inc
PO Box 822
Colreyville Tx 78034-0622
Arf & J Custom Design Horne
Corp
8004 It4ain St
N Richlnd F Its Tx 76182-x005
Ke~ly G Etux Robin Hancock
8544 Glendora Dr
NRH Tx 76182-7534
Bradley Robinson
9005 Glendora Dr
N Richlnd Hls Tx 'r 6182-0000
Ace Intznests Corp
8004 ti7air St
NRH Tx ?6182-4005
Cornerstone Construction & Rerr
Dba Dogger Custom Homes
PO Bax 850
Roanoke Tx 76262-0850
Matthew Ftux Erin Bernett
8948 Giendara Dr
NRH Tx ?61 $2 7534
~ 4
t
f x - rJ ~ ~
~. ~~`
t
f r ~ ~
Y C F _ ~~
S e S ~ ~ ~
~
II4 - ~ ~'
~ i yy
N
!~ x ~t .,t t.. t ~~ S i
t ~ ~ S
'~
'
%
L 4 ,p
f C ~ ~ v N
. .. av ~.r S r ~t __
v
: d _ _
.\ r
;Y:
J
a
J
a
z
LL
EXCERPT FROM THE MINUTES OF THE APRIL 15, 2010
PLANNING AND ZONING COMMISSION MEETING
FP 2009-09
Consideration of a Request from J 8~ J NRH 100, FLP to Approve a Final Plat of
Lots 7R 8~ 11-17, Block 8 and Lots 5R 8~ 7-19, Block 9, Thornbridge East Phase IV
Addition located in the 8900 Block of Glendara Drive - 6.791 acres.)
Eric Wilhite said this is a final plat for the completion of the Thornbridge East residential
subdivision. There will be a total of twenty two residential lots with two new streets
running through. The Development Review Committee has reviewed this and it meets
all the subdivision rules and regulations and recommends approval.
APPROVED
Mike Benton motioned to approve FP 2009-09, seconded by Steven Cooper. The
motion was carried unanimously. (4-0).
CITY OF
N~RFH RICHLAND HILLS
Department: Parks and Recreation
Presented by: Adrien Pekurney
Council Meeting Date: 5-10-2010
Agenda No. C.3
Subject: GN 2010-028 Public Hearing and Consideration of Ordinance Readopting
Youth Programs Standards of Care -Ordinance No. 3084
The Parks and Recreation Department is requesting City Council approval of an
ordinance adopting the North Richland Hills Youth Programs Standards of Care.
Adopted standards are a Texas Department of Family and Protective Services
requirement for exempt status for day care licensing. A public hearing is required for
adoption of the ordinance. The public hearing and adoption of the ordinance may occur
on the same day.
The Recreation Center offers day camp programs for children ages five to thirteen. The
Texas Legislature requires municipal day camp youth programs for elementary age
children meet day care licensing requirements or file for an exemption (Section
42.041(b)(14) of the Child Care Standards and Regulations of the Texas Human
Resources Code). To receive exempt status, a municipality must submit a copy of
program standards, a notice of a public hearing for the program and a copy of the
ordinance adopting the standards.
The Youth Programs Standards of Care will provide basic child care regulations for day
camp activities operated by the City of North Richland Hills Parks and Recreation
Department, allowing the department to qualify for an exemption from the requirements
of the Texas Child Care Standards and Regulations within the Texas Human Resources
Code.
The City of North Richland Hills day camp program meets and in some areas exceeds
many of the standards listed in the state's Child Care Standards and Regulations. The
Standards of Care included in the City of North Richland Hills Parks and Recreation day
camp policies and procedures have been in place for several years and are used in the
staff training process prior to camp starting each year.
The Standards of Care will be provided to the parents of each program participant and
shall include, at a minimum, the following areas:
• Minimum requirements for staffing ratios
• Staff Qualifications and Essential Job Functions
• Facility, health and safety standards
Procedures for reporting child abuse/neglect allegations
Written procedures stating that parents and each staff member will be provided a
set of standards
Contact information of department supervisors for the purpose of complaint
notification and resolution regarding the recreational program
• Written procedures for staff who will be monitoring the programs and enforcing
the standards
• Requirement of criminal background checks on prospective day camp employees
• Service Standards for communicating with parents and pertormance
expectations of day camp employees
• Behavior Management and Discipline Procedures
• General Rules and Regulations
Other municipalities throughout the DFW metroplex have similar standards of care
adoption processes as required by law, whereas some have no formal adoption process
at all.
The application for exemption determination and the formal adoption of the Youth
Programs Standards of Care and ordinance is an annual requirement so that the
Standards of Gare can be revised as needed to reflect current regulations and policy
changes.
The Park and Recreation Board reviewed the Standards of Care at their April 19, 2010
meeting and recommended forwarding the Ordinance to City Council for consideration.
This is the sixth year for the formal adoption process. It is suggested that the public
hearing be held, input received, and then consider action to approve.
Recommendation:
To approve Ordinance No. 3084.
NRH
ORDINANCE NO. 3084
AN ORDINANCE READOPTING SECTION 62-10 DF THE NORTH
RICHLAND HILLS CODE OF ORDINANCE AND READOPTING THE
CITY OF NORTH RICHLAND HILLS YOUTH PROGRAMS STANDARDS
OF CARE, FOLLOWING A PUBLIC HEARING.
WHEREAS, the Human Resources Code; Section 42.041(b)(14}, establishes
requirements for exempting recreational programs operated by
municipalities for elementary age (5-13) children from childcare licensing
requirements; and
WHEREAS, in order to receive exempt status for a youth recreation program, a
municipality must adopt standards of care by ordinance after a public
hearing for the program and a copy of the ordinance adopting the
standards to the State; and
WHEREAS, the City of North Richland Hills Youth Programs Standards of Care will
provide basic child care regulations for day camp activities operated by
the North Richland Hills Parks and Recreation Department in accordance
with Section 42.041(b)(14} of the Human Resources Code; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. That Sec. 62-10 of the North Richland Hills Code of Ordinances is hereby
readopted as follows:
"SEC.62-10 YOUTH PROGRAMS STANDARDS DF CARE
The City Council of the City of North Richland Hills hereby adopts the City of North
Richland Hills Youth Programs Standards of Care for providing basic child care
regulations for day camp activities operated by the North Richland Hills Parks and
Recreation Department. As required by Section 42.041(b)(14) of the Human Resources
Code, the Standards adopted by this ordinance include staffing ratios; minimum staff
qualifications; minimum facility, health, and safety standards; and mechanisms for
monitoring and enforcing the adopted local standards. A substantial copy of the City of
North Richland Hills Youth Programs Standards of Care is attached hereto and
incorporated herein for all intents and purposes and shall be available on the City's
website under the Parks and Recreation subhead."
SECTION 2. This ordinance shall be in full force and effective immediately upon
passage.
PASSED AND APPROVED on this the 10th day of May, 2010
CITY OF NORTH RICHLAND HILLS
By:
ATTEST:
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED A5 TO CONTENT:
Vickie Loftice, Managing Director of Community Services
City of North Richland Hills
Parks and Recreation Department
Youth Programs Standards of Care
GENERAL INFORMATION 1 ADMINISTRATION
Purpose: To provide basic childcare regulations for activities operated by the
North Richland Hills Parks and Recreation Department. This will allow the
department to qualify as exempt from requirements of the Texas Human
Resources Code.
A. Organization:
1. The governing body of the City of North Richland Hills Youth Programs
is the City of North Richland Hills City Council.
2. Implementation of the Youth Programs Standards of Care is the
responsibility of the Assistant Director of Recreation and Recreation
Division Staff.
3. The Youth Programs Standards of Care will apply to several day camp
programs which are conducted by the North Richland Hills Parks and
Recreation Department throughout the year.
4. Each Youth Program site will have available for public and staff a current
copy of the Standards of Care.
5. Parents of participants will be provided a current copy of the Standards
of Care during the registration process.
B. Implementation: Implementation of the Youth Programs Standards of Care
is the responsibility of the Assistant Director of Recreation and Recreation
Division Staff with the Youth Program Coordinator overseeing the overall
program and the Day Camp Director administering the program on-site.
Programs: Regulations apply to these on-going programs:
Winter Break Camp
Spring Break Camp
Summer Day Camp
Fall Break Camp
Sport and Art Camps
Other: Each camp will make available for public and staff a current
copy of the Standards of Care. Parents of participants will
be provided a copy of Standards of Care during the
registration process and the Camp NRH parent orientation
prior to camp starting each year.
Program Sites: NRH Recreation Center 6720 N.E. Loop 820
C. Day Camp Objectives:
1. To provide youth with the opportunity to experience a variety of
recreational activities which include sports, games, arts and crafts,
education, drama, special events, field trips, tournaments, etc.
2. To provide an encouraging atmosphere emphasizing positive
development of physical skills, emotional growth and self-confidence.
3. To provide a safe environment; always promoting good health and
welfare for all.
4. To teach children how to spend their leisure time wisely; in an effort to
meet the emotional, physical, and social needs of the child.
D. Exemption Status:
Once an exempt status is established, the Licensing Division will not monitor
the recreational program. The Licensing Division will be responsible for
investigating complaints of unlicensed child care and for referring other
complaints to the municipal authorities or, in the case of abuselneglect
allegation, to the local police authorities.
E. Standards of Care Review:
Standards will be reviewed annually and brought to the City Council for
approval after a public hearing is held to pass an ordinance regarding section
42.041(b} X14) of the Texas Human Resources Code. Childcare Licensing
will not regulate these programs nor be involved in any complaint
investigation related to the program.
Any parent, visitor or staff may register a complaint by contacting the North
Richland Hills Recreation Center Manager at 817-427-6600 or the Parks and
Recreation Administrative Offices at 817-427-6620, Monday through Friday,
8:00 a.m. - 5:00 p.m.
II. STAFFING
A. Day Camp Director -The Day Camp Director directs a staff of 9 day camp
counselors and supervises the activities of children in a day camp setting.
1. Essential Job Functions:
a.) Direct and supervise all counselors including hiring and training.
b.} Complete and submit proper records including camp schedules,
counselor work schedules, payroll, accident/incident reports and
attendance.
c.} Develop age appropriate camp curriculum (6-12 years) in
accordance with the philosophy of the program.
d.} Ensure staff is committed to following established guidelines,
procedures and standards.
e.) Maintain an orderly, clean and safe environment for the children
while promoting a non-competitive program directed toward
accentuating positive behaviors, physical development and
emotional growth.
f.) Develop and distribute a weekly schedule of activities.
g.) Complete facility reservations and transportation needs for all camp
activities.
h.) Schedule, confirm, obtain and distribute payment for all field trips.
i.) Maintain supplies, equipment and all necessary documentation for
the operation of the camp.
j.) Communicate to parents about camper's progress and activities.
k.) Conduct on-going program evaluations implementing approved
recommendations as needed.
I.) Provide reports to the Youth Program Coordinator on a weekly
basis to monitor camp activities throughout the program.
2. Qualifications:
a.) Bachelor's Degree in Education or Recreation is preferred but not
required.
b.) A minimum of three years experience as a camp counselor and/or
educator.
c.) Requires a valid Texas driver's license with a good driving record
over the last three years.
d.) Must pass city criminal background check priorto hiring.
e.) Must pass pre-employment drug screen and/or physical.
f.) Must complete First Aid and CPR certification priorto camp.
3. Requirements of Work:
a.) Director must complete the mandatory staff training program of at
least 20 hours, in addition to planning hours with site staff prior to
the start of camp. This training includes departmental orientation,
customer service, sexual harassment training, behavioral issues
and discipline, training and examination program on sexual abuse
and child molestation, as well as practical skills on activities for
children in games, songs and crafts.
b.) Ability to be physically active and involved with children all day.
c.) Ability to lift 55 pounds.
d.) Knowledge of child development and age appropriate activities.
e.) Advanced organizational and communication skills.
f.) Team leadership abilities.
g.) Varied experience in a variety of activities including sports, arts,
nature, drama and cooperative activities.
B. Day Camp Counselor -The Day Camp Counselor is responsible for direct
leadership of youth ages 6-12 in a variety of activities including, but not
limited to games, sports, crafts, special events and field trips. The counselor
assists in planning and organization of camp schedules, activities, supplies
and equipment, and is also responsible for cleanliness of the areas used by
camp participants. The counselor positions are also responsible for
completing necessary forms relating to attendance, check-in/check-out
procedures, accidents, and incidents.
1. Essential Job Functions:
a.) Promote a non-competitive, positive, self-image enhancing
environment for each participant through the direction of non-
competitive, fun, varied and well organized activities.
b.) Directly lead activities using a method that will provide opportunity
for the involvement of all children on an equal level. The Counselor
prepares, in advance, directions for activities, daily schedules and
required equipment used during the activities.
c.) Exhibit enthusiasm for the activity to impart a feeling of excitement
to camp participants.
d.) Follow procedures for camper check-inlcheck-out. Reports
accidentslincidents, behavioral modifications and camp schedules.
e.} Follow guidelines for safety and storage of equipment, including
inventory of supplies.
f.) Ensure safety of youth during transportation while on field trips.
g.} Provide and adhere to established guidelines set forth for the
safety, behavior, communication and discipline of the camp
participants.
h.} Recognize and reward positive, improved and outstanding behavior
and/or accomplishments of camp participants.
2. Minimum Qualifications:
a.) High school diploma with two years of college preferred.
b.} One year experience working with children in a day camp setting.
c.) A valid Texas driver's license with a good driving record over the
last three years.
d.) Must pass criminal background check prior to hiring.
e.) Must pass pre-employment drug screen and/or physical.
f.) Must complete First Aid and CPR certification prior to camp.
3. Other Requirements:
b.} Staff must complete the mandatory staff training program of at least
2~ hours, in addition to planning hours with site staff prior to the
start of camp. This training includes departmental orientation,
customer service, sexual harassment training, behavioral issues
and discipline, training and examination program on sexual abuse
and child molestation, as well as practical skills on activities for
children in games, songs and crafts.
c.} Staff must exhibit competency, good judgment and self control
throughout the duration of the camp.
d.) Staff should relate to the children with courtesy, respect,
acceptance and patience.
e.) Staff will be evaluated at least once during the summer prior to the
completion of camp. Evaluations will be reviewed with the camp
counselors to discuss any areas of improvement or suggestions.
4. Criminal Background Checks: Criminal background checks will be
conducted on prospective day camp employees. Applicants may be
disqualified if they have a job related criminal conviction. A prospective
employee will be subject to apre-employment drug test and/or physical
prior to hiring.
5. Staffing Ratios: The state required ratio for number of children (ages 5-
13) may not exceed 15:1 children to staff. Camp NRH Day Camp
maintains 12:1 children (ages 6-12) to staff ratio. Dn all field trips Camp
NRH Day Camp maintains 6:1 children to staff ratio.
III. FACILITY STANDARDS
A. Emergency evacuation and relocation plans will be posted at each facility.
Program employees will inspect sites frequently for any sanitation or safety
concerns. Those concerns should be passed on to the Program Coordinator
or Recreation Center Manager immediately.
B. Each camp must have a fully stocked first aid kit. This shall be checked and
stocked on a weekly basis by the Program Coordinator. It shall include
bandages and Band-Aids, first aid cream, rubber gloves, Neosporin, alcohol
wipes, hotlcold packs, gauze, syrup of Ipecac, tweezers and scissors.
C. In a situation where evacuation is necessary, the first priority of staff is to
make sure all participants are in a safe location. Program sites will be
inspected by the Fire Marshall annually. Each Facility Manager is responsible
for compliance with Fire Marshall's directives. The recommended number of
fire extinguishers shall be inspected quarterly and available and "primed" for
use. Fire drills should be conducted once a month during the summer camp.
D. Medication will only be administered with written parent consent completed on
the registration form provided by the City of North Richland Hills. Prescription
medications shall be left with staff in their original container, labeled with the
child's name, date, directions, photo of the child and the child's physician's
name. Medication will be logged into the Medication Log Book. Medication
shall be dispensed only as stated on the bottle unless directed othen+vise by
parentlguardian orphysician, and not past the expiration date.
E. Non-prescription medicine with the child's name and date on the medication
may be brought if in the original container. This medication will also be
logged in the Medication Log Book and be dispensed only as stated on the
bottle unless directed otherwise by parent/guardian or physician.
F. Each indoor site shall have adequate indoor toilets and lavatories located
such that children can use them independently and program staff can
supervise as needed. There shall be one flush toilet per 30 children. Outdoor
sites shall provide portable toilets based on number of children attending
each day. Sinks shall be provided based on 1 sink per 30 children.
G. All participants must wear tennis shoes daily. Sandals will not be allowed.
IV. SERVICE STANDARDS-Day Camp Staff
A. This information will be provided to each staff member as a part of the day
cam p staff manual:
1. Appropriate shirts, shorts and tennis shoes are to be worn at all times.
Camp NRH staff shirts are to be worn on the designated days. Staff
shirts should always be tucked in. No tube tops allowed. Shorts should
be at a respectable length, no cut-offs. No clothing should bear any
inappropriate logos, phrases, or pictures. Any staff member, who does
not adhere to the dress code, will be sent home for the day without pay.
2. Staff will be provided with two collared shirts and two Camp NRH T-
shirts. Uniform schedules will be given to staff during training and should
be followed throughout the summer. Any deviation must be approved by
the Youth Program Coordinator.
3. Only one-piece bathing suits may be worn when visiting NRH2D.
4. Name tags/l Ds should be worn and clearly visible at all times.
5. Camp participants and parents will be treated with respect at all times.
6. Camp staff will take it upon themselves to resolve complaints. Do not
refer the customer to another staff member, unless necessary. If you
are unable to resolve the complaint on the spot, take the customer's
name and phone number, investigate the complaint and follow up with
the customer. All complaints should be recorded (problem and
resolution} on a Customer Comment Form provided by the Youth
Program Coordinator.
7. Camp staff will keep parents informed of camp activities. A weekly
schedule will be distributed one week in advance and extra copies will
be kept with the daily sign in log. In addition to hard copies of the weekly
schedule parents will be notified of changes to the schedule via email
correspondence. Camp staff will note details of behavior of campers
(accomplishments, discipline problems, general activities, etc.) in the
daily campers log and verbally update parents as much as possible.
8. Camp staff will monitor the check-inlcheck-out log at all times.
9. Camp staff will clean program areas after each activity. Floors will be
swept/vacuumed, mirrors cleaned, and supplies put away. This is
extremely important due to the fact that rooms are used throughout the
day by other groups.
10. Camp staff will spend the majority of their time actively involved with
campers and/or parents. Camp staff will check all messages for the day,
prior to beginning any camp activities.
VI. OPERATIONAL ISSUES
A. Emergency phone numbers are kept at the Recreation Center front desk, as
well as with the Day Camp Director on field trips. Those numbers include fire,
police, and ambulance services.
B. The Day Camp Manual is provided to every staff member and outlines the
following:
1. Behavior Management and Discipline Procedures
2. Rules and Regulations
3. Forms
4. Service Standards
5. GamelActivity Leadership
6. Guidelines for Communication with children and parents
C. Check-inlcheck-out forms will be used every day. Gnly adults listed on the
camper's release form will be allowed to pick up children. The authorized
parentlguardian must enter the building and sign the check-out form in order
for staff to release the child.
D. Emergency evacuation and relocation plans will be posted at each facility.
E. Transportation Requirements
A new Texas state law for child safety seats; specifically booster seats, went
into effect on September 1, 2009. This law applies to children under the age
of 8 and under 4'9" tall. This law will apply to Camp NRH participants
between the ages of 6-? years old.
The new !aw states:
• Once a child reaches eight (8) years old, they are not legally required
to be in a child safety seat system.
• If the child is younger than eight years old, BUT they are already 4'9"
tall, they are not legally required to be in a child safety seat system.
• If a child is eight years old or older; and not yet 4'9" tall, they are not
legally required to be in a child safety seat system.
• The law requires that safety and booster seats be installed and used
according to the manufacturer's instructions, including age, height and
weight requirements and the placement in the vehicle.
In compliance with this new law, parents will be required to provide a
booster seat for their child if that child is under 8 years old and measures
less than 4'9". This new requirement will be sent to parents via letter and
email prior to May t of each camp year. Camp NRH will have five booster
seats on-site for transportation services required for field trips and other
Camp NRH activities in the event that a camper forgets to bring their
booster seat with them to camp.
Camp NRH staff will be trained to identify children that are required to be
in a booster based on birth date of camper identifying the legal age of the
child and by utilizing a height measuring tool. In addition, staff will be
trained by City of North Richland Hills Police Department officers on how
to properly install a child safety seat. Coordination of this training will be
scheduled and confirmed by the Youth Program Coordinator who
oversees Camp NRH.
F. Parents will be notified regarding planned field trips and provided the required
release forms. Enrollment information will be kept and maintained on each
vehicle while traveling to and from field trip sites.
G. Enrollment information will be kept and maintained on each child and shall
include:
~. Child's name, birth date, home address, home telephone number,
physician's phone number and address and phone numbers where
parents may be reached during the day.
2. Name, driver's license number and telephone number of persons to
whom the child can be released.
3. Field trip release form as needed.
4. Liability waiver.
5. Parental consent to administer medication, medical information and
release on participant.
H. Staff shall immediately notify the parent or other person authorized by the
parent when the child is injured or has been involved in any situation which
placed the child at risk.
I. The Youth Program Coordinator shall notify the parentslguardians of
participants' if/when there is an outbreak of a communicable disease in the
facility as required by the County Department of Health. Staff must notify
parents of children in a group when there is an outbreak of lice or other
infestation in the group.
VII. BEHAVIOR MANAGEMENT AND DISCIPLINE PROCEDURES
A. Program employees will implement discipline and guidance in a consistent
manner based on an understanding of individual needs and development with
the best interests of program participants in mind.
B. There will be no harsh, cruel, or corporal punishment used as a method of
discipline.
C. Program employees may use brief, supervised separation from the group if
necessary. Children will be aware of all camp rules prior to the start of any
activity. Their understanding of the rules is an integral part of behavior
management. When negative behavior occurs they will know there is a
consequence for their chosen action.
D. Incident reports will be filled out on any disciplinary cases, and information is
to be shared with parents when picking up the child (or sooner when extreme
cases occur). Parents will be asked to sign the incident reports to indicate
they have been advised about specific problems and/or negative behaviors.
F. A sufficient number and/or severe nature of discipline reports as detailed in
the program manual may result in a participant being suspended from the
program. Parentslguardians will be contacted to pick up their child
immediately.
G. In instances where there is danger including physical harm or threat of
physical harm to participants, staff, or themselves; the offending participant(s)
will be removed from the program immediately. Parentslguardians will be
contacted to pick up their child immediately.
VIII. ILLNESS OR INJURY
A. Participants shall have and maintain immunizations in accordance with those
required by the Texas Department of Health for public school attendance
according to age.
B. Parents shall be notified in cases of illness or injury.
C. An ill child will not be allowed to participate if the child is suspected of having
a temperature and/or accompanied by behavior changes or other signs or
symptoms until a medical evaluation indicates that the child can be included
in the activities. In the event an injury cannot be remedied through basic first
aid, staff shall notify paramedics.
D. When an injury occurs, an incident report shall be filled out immediately after
the incident, with the original sent to the Recreation Center Manager's office
with a copy kept in the Day Camp files.
E. In the event of suspected abuse, program employees will report suspected
abuse or neglect in accordance with the Texas Family Code. In the case
where a City employee is involved in an incident with a child that could be
construed as child abuse, the incident must be immediately reported to the
Assistant Director of Recreation. The Assistant Director will immediately notify
the Police Department and any other agency as may be appropriate.
F. Texas state law requires the staff of youth programs to report any suspected
abuse or neglect of a child to the Texas Department of Family and Protective
Services or a law enforcement agency. Failure to report suspected abuse is
punishable by fines up to $1,000 and/or confinement up to 180 days.
Confidential reports may be made by calling 1-800-252-5400.
IX. GENERAL GUIDELINES FDR CHILDREN
A. As a part of the Day Camp Manual, staff should be given the following
information:
1. A child is not allowed to use the phone unless it is an emergency. In this
case, Day Camp staff should make the call for the child.
2. Children must stay off tables, counter tops, ping pong tables, etc.
3. Children should walk in the building. Running is only permitted in the
gym.
4. Bouncing and throwing balls is permitted only in the gym or designated
game area with direct supervision from staff.
5. Active games using equipment that can cause damage to window,
shades, lights, and ceilings must be played only in the gym or outdoors.
6. Children must respect staff and each other.
7. Children must wear shoes at all times.
8. Children must be contained and not allowed to filter in the general
public. You must know where each child is at all times.
B. The program will provide activities for each group according to the
participants' ages, interests and abilities. The activities should be flexible and
promote social and educational advancement.
1. A weekly calendar of activities will be posted for parents the Friday prior
to the next week of camp.
2. When taking field trips, staff will:
a.) Count everyone before they leave the program site as well as prior
to leaving the field trip site.
b.) Carry medical information on each child and necessary medication
with them on the trip.
c.) Carry a first aid kit and mobile phone in all vehicles and while on-
site.
d.) All participants are required to wear wristbands that have Camp
NRH and Recreation Center phone number inscribed on them.
Participants are also encouraged to wear camp shirts so that
children are easily identified.
X. MONITORING AND ENFORCEMENT
A. Standards of Care established by the City of North Richland Hills will be
monitored and enforced by City Departments responsible for their
respective areas. Health and safety standards will be monitored and
enforced by the City's Police, Fire, and Consumer Health Departments
when applicable.
B. Staff and program issues will be monitored and enforced by the North
Richland Hills Parks and Recreation Department. The Recreation Center
Manager shall visit each site on a bi-weekly basis. The Youth Program
Coordinator is responsible for visually checking the camp activities on a
daily basis. When not available, another full-time staff person is responsible
for that check.
C. Monthly reporting by the Youth Program Coordinator to the Recreation
Center Manager will include a review of adherence to the Standards of Care
as well as operational summaries of the programming month.
For further information regarding the Youth Program Standards of Care or any other
information about the youth programs offered through the City of North Richland Hills
Parks and Recreation Department please contact the Recreation Center Manager or
Youth Program Coordinator at 817-427-6600 or email NRHPAR~nrhtx.com.
crry of
NORTH R~CHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 5-10-2010
Agenda No. D.0
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
crry of
NaRTH RlCHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Agenda No. E.0
Subject: PUBLIC VIlORKS
clry of
NORTH RlCHLAND HILLS
Department: Public Works Council Meeting Date: 5-10-2010
Presented by: Gregory Van Nieuwenhuize Agenda No. E.1
Subject: PW 2010-019 Approve Ordinance Amending Section 2-233 of the North
Richland Hills Code of Ordinances, Authorizing the City Manager to execute releases
and partial releases of liens upon receipt of sums due -Ordinance No. 3092
City Council is being asked to allow the City Manager to execute full releases of liens,
and partial releases of liens on behalf of the City upon receipt of the appropriate sums
secured by such liens.
Background:
Section 2-233 of the City Code states, "The City Manager, upon recommendation of the
city's attorney, is hereby authorized to waive interest charges or otherwise reduce
claims of the city up to a maximum of $15,000.00, and to execute releases of liens upon
the payment of the remainder of the secured claim." While this section provides for the
City Manager to execute full lien releases (up to $15,000), there have been occasions
where an individual that has a lien on their property desires to have the lien released in
increments instead of "all at once."
In instances of "partial lien releases", staff has always presented an agenda item along
with a Resolution to the Council for their consideration and action. Staff has most
recently requested that Council consider a partial release of lien in July 2009 relative to
a 3.047 acre tract of land owned by Billy and Ernestine Graham. At that time, Mr.
Graham provided the City a check in the amount of $3,534.52 in exchange for the lien
release on the 3.047 acre tract in accordance with aCity/Developer Agreement
executed between the City and Billy and Ernestine Graham.
Presently, Mr. Graham has provided the City with a check in the amount of $640.32 in
exchange for the lien release on two (2) tracts of land that total 0.552 acres, again
covered by the same City/Developer Agreement. Because the initial lien on the
Graham's properly was for $90,000, in the absence of authorizing the City Manager to
execute "partial lien releases" (in addition to the already authorized full lien releases,
when the amount is less than $15,000), Council may be asked to consider a multitude
of partial lien release requests for relatively small dollar amounts.
The current provision (subsection (a) of the proposed ordinance} limits the City
Manager's authority to execute releases to full releases as part of his authority to
compromise the claim. There is no authority for partial releases and no reason to limit
such authority if there is no compromise of the claim. Staff is proposing that the Council
consider a change to the City Code that would allow the City Manager to execute both
full lien releases and partial lien releases, upon the City receiving the appropriate sums.
The enclosed Ordinance provides for this change.
Recommendation: Approve Ordinance No. 3092.
~~` "'~ ORDINANCE ND. 3092
AN ORDINANCE AMENDING SECTION 2-233 OF THE
NORTH RICHLAND HILLS CODE OF ORDINANCES AND
AUTHORIZINGTHE CITY MANAGER TO EXECUTE
PARTIAL AND FULL RELEASES OF CERTAIN CITY
LIENS UPON PAYMENT OF OBLIGATIONS SECURED
BY SUCH LIENS.
WHEREAS, the City has filed and will file liens to secure payment of obligations owed
the City; and,
WHEREAS, the City Manager has already been authorized to compromise and release
liens; and
WHEREAS, payments are received on a routine basis along with requests for full or
partial releases are from time to time presented to City Staff, which
requests do not warrant the expenditure of time and effort to seek Council
action; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY DF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT Section 2-233 of the North Richland Hills Code of Ordinances is
hereby amended to read as follows:
"Section 2-233. City Manager Authority to Compromise Small City Claims, Waive
Interest and Release City Liens.
(a) The City Manager, upon recommendation of the City's attorney, is hereby
authorized to waive interest charges or otherwise reduce claims of the City up
to a maximum of $15,000, and to execute Releases of Liens upon the payment
of the remainder of the secured claim.
(b) The City Manager is authorized to execute releases of liens, and partial
releases on behalf of the City upon receipt of sums secured by such liens."
PASSED AND APPROVED this the 10th day of May, 2010.
By:
CITY OF NDRTH RICHLAND HILLS
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED A5 TO CONTENT:
Mike Curtis, P.E., Managing Director
~rrv of
NaRTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 5-10-2010
Presented by: Gregory Van Nieuwenhuize Agenda No. E.2
Subject: PW 2010-020 Award a Professional Services Agreement in the amount of
$49,900 to Birkhoff, Hendricks & Carter, L.L.P. for the Terry Drive (Susan Lee Lane to
North Richland Boulevard) Street Improvements Project (ST1003)
The Council is being asked to award a professional services contract for the CI P Project
identified as "Terry Drive Street Improvements (Susan Lee Lane to North Richland
Boulevard)" in the Capital Projects Budget. The contract will include roadway design
and sanitary sewer design.
Background:
This project will consist of the engineering design of Terry Drive from Susan Lee Lane
to North Richland Boulevard. The estimated cost of the entire project is $375,000. This
project was identified in the 2003 Bond Program. The project's design will include
reconstructing approximately 1,100 lineal feet of the existing 30 foot wide asphalt
roadway with concrete pavement. The roadway design will include concrete sidewalks
on both sides of the street. Additionally, because the existing sanitary sewer is
problematic clay pipe, the consultant is also responsible for the design of a replacement
sanitary sewer main; the length of sanitary sewer is estimated at 1,000 lineal feet. All
design work will be in compliance with the Public Works Design Manual.
Staff followed the City's policy for procuring professional services for the design of this
project. Requests for Qualifications were initially sent to 52 local engineering firms; 35
firms responded by submitting Statements of Qualifications ("SOQs"} to the City. Five
(5) North Richland Hills' staff members (Assistant Director of Public Works, two Public
Works Civil Engineers, Parks & Recreation Parks Planner, and Planning &
Development Assistant Planner} comprised the selection committee. The selection
committee interviewed the seven (7} most qualified firms for this size and type of
project. The shortlisted firms were selected based on each firm's design experience on
similar projects, current work load, proposed project approach and estimated design
schedule.
After each of these firms provided presentations to the committee, Birkhoff, Hendricks &
Carter was unanimously chosen as the top firm for the Terry Drive Street Improvements
Project.
Birkhoff, Hendricks & Carter, L.L.P. is a small consulting engineering firm founded in
1969. The firm specializes in providing consulting engineering services to municipalities
and other governmental agencies throughout the North Texas area. The firm's mission
is to provide quality consulting engineering services, on-time performance, timely
responses to the client and designing projects that are constructed within budget. The
firm prides itself on its ability to cater to the specific needs of the client. Addressing
client needs include:
full engineering services for the design of public infrastructure
• preparation of studies
• evaluation and preparation of reports & recommended alternatives
• participation in the creation of capital improvement programs
• hydraulic modeling
The engineering agreement outlines the scope of work in Exhibits B & C. Listed below
are the key items within the scope of work:
• Preliminary engineering phase includes surveying, developing a project
schematic showing proposed drainage improvements, roadway geometrics and
proposed sidewalk alignments within the street right-of-way.
• Final engineering phase to include all necessary design components for the
paving improvements within the right of-way.
• Attend up to two (2) neighborhood meetings if scheduled by the City.
• Bidding Phase includes assisting the City in advertising the project to bidders,
providing bid documents to contractors, tabulating bids and providing the City a
summary of the information received from the low bidder for the City's use in
awarding a construction contract.
• Construction Phase includes assisting the City during the construction phase
such as, attending coordination meetings, reviewing shop drawings, preparing
monthly pay requests and preparation of record drawings.
The Public Works Department negotiated a design fee of $49,900. This design fee
consists of a base design fee for paving, drainage, and sanitary sewer and a fee for
special services (surveying and public meetings). Shown below is a breakdown of this
design fee:
Base Design Fee $ 39,400
Special Services Survey $ 6,000
Neighborhood Meetings, etc 4 500
Total Design Fee $ 49,900
The total amount of the professional services agreement for this project is $49,900. The
2009-2010 Capital Projects budget currently has an approved design budget of
$65,000; however, $55,000 of this amount is allocated for this fiscal year and $10,000 is
identified as an i=Y201D/2011 expenditure. Because the contract is less than $55,D00,
there should not be an issue with the expenditure of funds for engineering on this
project.
Recommendation:
Approve the professional services agreement to Birkhoff, Hendricks & Carter, L.L.P. in
the amount of $49,900 for the Terry Drive (Susan Lee Lane to North Richland
Boulevard) Street Improvements Project and authorize the City Manager to execute
such agreement.
`~~ Terry Dr
h
Street
_~ Improvements
r
--~fi,~`~ a~"~'~... ti~ _.... (~usart Lk~E' Ln t0
Y ~- _____.. ._.~ ~ _~ North Richland
~~ _..-~
°,~ ~~ ~- 1, Blvd}
-.. ,,,..
~..~.
--"......, t .........--~ ~
F~ / ~ ~~ L~
/ ~~+. `
t
Q~ d `r ~~
~`0.. C!3 / ``~
v '`. -]
--'" _ CC?LLEGE GIR S
W
_4-NOR`rH -Rt G H LAN C~ •BLU4C)--~------
<k \ ~L 7~.....
y.t y ~ '~~ ;~• f W f L
r ~ ~l CRd~!•TYVCQ!'i
•-FFEf,~_g7.0'~FS? r~~~Ati~GY ~ ~ 5
i ~~ ~
/ ~' 1 t"~'FC .
f ~--' + ~ ~r:~~ ~ r N~3RTH
,.~ eir~ •~,~
.-~ ~,o-~ .~- z ~• R ~ C H L, t~ N T?
~ ~,,
~z~~R~ ~~f '~
!tPK-t7 j......- s/ ~~
~ ,,/l 1
rr~'r~ ' ,~pu~ ~' Project Locatcr Map
~ ~~ f> =
"r Terry Dr ~- _.
Street I mpravenient.~ ~ r--~
A r....
k, i M,'LftY Dp ' ...............................MARY-DR ~ _
--
(Susan Lee Ln to
Y
Narth Richland Blvd) ~-~
yv V C`.~ htUR"EASTER..
`~~ /'~~ J ~ ~ ~ 1
fi11KG G-f ~ ~ L, v ~ ~
L tr' ~ ~~ / f
~. r~R~' F,~, `~3+ ~c~ ~
'~, ti i'
l¢i~ti~•'i t£RR"-('T~ CCU ~ 1 5
t ~
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE
CITY OF NORTH RICHLAND HILLS
AND
BIRKHOFF, HENDRICKS & CARTER, LLP
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 Birkhoff,
Hendricks & Carter, LLP, a Texas Limited Liability Partnership, acting by and through
Matthew Hickey, P.E.; its duly authorized Partner (hereinafter called "ENGINEER").
WITNESSETH, that CITY desires professional engineering services in connection
with the Terry Drive 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 Terry Drive
Paving Improvements between North Richland Boulevard and Susan Lee Lane 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 pertormance by ENGINEER's employees or subcontractors
of the tasks contemplated by this contract. All engineering services shall be pertormed
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 services 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. Inconsideration of the services described herein, CITY shall pay and ENGINEER
shall receive compensation in accordance with Exhibit F: "Compensation".
B. Total 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 Forty Nine Thousand Nine Hundred ($49,900.00).
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
pertormance 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 pertormance 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 IT5 OFFICERS, AGENTS,
SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION,
OR PERFORMANCE OF TH15 AGREEM ENT.
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 pertormed 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 pertorming 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. Worker's Compensation Insurance:
Statutory requirements ($ 300,000 minimum)
B. Comprehensive 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
Property Damage
Combined Single Limit
$ 500,000 per person, or
$ 1,000,000 per occurrence; and
$ 100,000 each occurrence; or
$ 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 reduced by endorsement 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 pertorm 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 pertormance 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 pertormed 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. Authorization 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. 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 prevailing
party in any litigation between the parties to this agreement shall be entitled to
reasonable attorney fees as provided by Section 271.159, Texas Local
Government Code.
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:
Birkhoff, Hendricks & Garter, LLP
Attn: Matthew Hickey, P.E.
11910 Greenville Ave.
Suite 600
Dallas, Texas 75243
If to CITY:
City of North Richland Hills
Attn: Ms. Caroline Waggoner, P.E.
Public Works Department
7301 N.E. Loop 820
North Richland Hills, Texas 76180
D. Independent Contractor. ENGINEER shall pertorm 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 pertormed
hereunder by ENGINEER, and all persons pertorming 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. Venue. 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.
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 , 2~_
CITY OF NORTH RICHLAND HILLS
(CITY)
By: _
Date:
Mark Hindman, City Manager
ATTEST:
City Secretary
Birkhoff, Hendricks & Carter LLP
(ENGINEER)
By:
Matthew Hickey, P.E., Partner
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
TERRY DRIVE PAVING IMPROVEMENTS
(North Richland Boulevard to Susan Lee Lane}
PROJECT SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
Activity Due Date
Pre-Scope Meeting April 27, 2010
City Council Award Engineering Contract May 2010
City Dbtain Permission to Survey May 2010
Field Surveys MaylJune, 2010
Preliminary Design Phase June 25, 2010
90% Plans & Specifications July 23, 2009
City Review of Plans Completed August 6, 2010
Complete Final Plans August 20, 2010
Advertise for Construction Bids August -September 2010
Open Construction Bids September 2010
Begin Construction October 2010
EXHIBIT B
BASIC ENGINEERING SERVICES
FOR
TERRY PAVING DRIVE IMPROVEMENTS
(North Richland to Susan Lee}
The scope of work for BASIC Engineering Services involves Preliminary Design, Final
Design, Bidding and Construction Administration.
Design shall include preparation of plans, specifications and contract documents for
construction of the Terry Drive Paving Improvements (From North Richland Boulevard
to Susan Lee Lane). The project parameters generally consist of an un-divided 31-foot
back to back reinforced concrete street with integral monolithic concrete. This section
also allows for construction of 4-foot wide sidewalks within the existing right of-way
(assuming no conflicts with franchise utilities) and 5.5-foot wide grass or landscaped
parkways.
Water utility improvements will be limited to relocations necessary to avoid conflicts with
proposed paving and sidewalk improvements in the base bid. Wastewater
improvements will be designed and included in the project as an additive alternate bid
item.
Part I: Design Phase
A. Preliminary Design Phase_
1. Coordinate and attend a preliminary design conference with the City Staff and
other interested parties. The purpose of the preliminary design conference will
be to identify special project requirements, including but not limited to:
a} Geometrics
b) Existing Water and Sewer Relocations
c} Typical Pavement Section
d} Utility Coordination and/or Relocations
e) Discuss Drainage Issues -Susan Lee intersection
2. Develop a Project Schematic plotted on a scale of 1" = 40' showing existing
topography and property lines and preliminary roadway geometrics, including
possible locations for mid-block traffic calming medians, and sidewalk locations
based on field survey data and deeds obtained from the Deed Records of
Tarrant County, Texas. The Project Schematic will also include a preliminary
profile for the roadway with the existing ground line at the location of the
proposed right of-way lines.
3. Submit the Project Schematic to the City Staff for review and comment.
4. Meet with City Staff to discuss Project Schematic review comments and other
preliminary design considerations.
5. Make revisions to the Project Schematic as necessary and as directed by City
Staff.
6. Submit the revised Project Schematic to City Staff for review and comment.
7. The Final Project Schematic will be used for the Final Design Phase and for
preparation of possible right-of-way andlor easement documents.
8. Review and Comment on City provided geotechnical report and resulting
pavement design.
B. Final Design Phase
1. Roadway Construction plan-profile sheets prepared at a scale of not less than
1 "= 20'
2. Design plans for an additive alternate bid item for the reconstruction of the
existing 6 -inch VCP sanitary sewer on Terry Drive. Sanitary Sewer
Construction plan-profile sheets will be prepared at a scale of not less than 1"=
20'
3. Grading and contour plan at the Terry Drive and Susan Lee Lane intersection
to provide positive drainage
4. Water Utility Relocation plan sheets prepared at a scale of not less than 1"= 20'
for the base bid
5. If required, Retaining Wall plan-profile sheets prepared at a scale of not less
than 1 "= 20'
6. Standard Details and Design Standards
7. Special Details, as required
8. Cover Sheet, Location Map and Sheet Index
9. Coordinate and Survey Control Sheets for contractor's construction Surveying
10. Drainage Area Map and Drainage Design Computations
11. Storm Water Pollution Prevention Plan
12. Submittals to State regulatory agencies, as required (City shall be responsible
for fees)
13. Preparation of required highway and utility permits, as required
14. Coordination with utility companies
15. Attend design review meetings as project requirements dictate
16. Preparation of specifications and contract documents
17. Develop 90% and 100% complete opinions of probable construction cost
18. Submit two sets of 90% plans and specifications to City for Review
19. Incorporate City review comments and directives from the 90% design plans
and specifications, in the preparation of final construction plans and
specifications.
Part II: Bidding Phase
1. Assist the City staff in advertising for bids. This will include e-mailing "Notice to
Contractors" to contractors experienced in this type of construction. City will
have Notice published in local newspaper.
2. Sell bidding documents to potential bidders and their suppliers and other
parties.
3. Provide bidding documents to City of North Richland Hills Public Works
Department, Dodge Reports and two other parties requested by the City.
4. Provide plans and specifications in pdf format to the City of North Richland Hills
Purchasing Department.
5. Assist during opening of bids and provide bidding tally sheets.
6. Provide bid tabulation to City and contractors who submitted bids.
7. Obtain the following information from the lowest bidder:
a. Past work history,
b. Physical resources to produce the project.
8. Formulate opinion from information received and provide the City a summary of
the opinion for their use in selection and award of the construction contract.
9. After award of contract, furnish ten sets of prints of the final plans,
specifications and contract documents to the City for construction use by the
City and Contractor.
Part III: Construction Phase
~. Attend pre-construction conference. City to prepare agenda.
2. Attend up to four coordination meetings with contractor, quality control
personnel, and City representatives to discuss strategy, problem areas,
progress, and any required coordination.
3. Review shop drawings and other submittal information that the Contractor
submits. This review is for the benefit of the Owner and covers only general
conformance with information given by the Contract Documents. The
contractor is to review and stamp their approval on submittals prior to
submitting to the Engineer. Review by the Engineer does not relieve the
Contractor of any responsibilities, safety measures or the necessity to
construct a complete and workable facility in accordance with the Contract
Documents.
4. Provide written responses to requests for information or clarification to City or
Contractor.
5. Prepare and process routine change orders for this project as they pertain to
the original scope of work.
6. Prepare monthly pay request from information obtained in the field.
7. Accompany the City during their final inspection of the project.
8. Recommend final acceptance of work based on information from the on-site
representative.
9. 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 22'k34" black line prints of Record
Drawings and one CD-ROM (pdf and dwg format) to the City.
Part IV: Exclusions
The intent of this scope of services is to include only the services specifically listed
herein and none others. Services specifically excluded from this scope of services
include, but are not necessarily limited to the following:
1. Geotechnical investigation and pavement design
2. Environmental impact statements and assessments
3. Fees for State agency reviews (TDLR), permits or advertising
4. Certification that work is in accordance with plans and specifications
5. Flood plain reclamation plans or applications for Conditional Letters of Map
Revision or Letter of Map Revision to the Federal Emergency Management
Agency
6. Trench safety designs
7. Services in connection with condemnation hearings
8. Phasing of Contractor's work
9. on-site safety precautions, programs and responsibility
10. Consulting services by others not included in proposal
11. Title searches for preparation of right-of-way or easement documents
12. Property appraisals and negotiation with property owners for acquisition of
easements or right-of-way
13. Provision of an On-site Representative to monitor construction
14. Street light design
EXHIBIT C
SPECIAL ENGINEERING SERVICES
FOR
TERRY DRIVE PAVING IMPROVEMENTS
(North Richland Boulevard to Susan Lee Lane)
The scope of work for SPECIAL Engineering Services includes field surveys,
preparation of easements and/or right-of-way plat and filed note descriptions if required,
geotechnical investigation and pavement design, design of sanitary sewer and parallel
storm sewer at the request of the City and reproduction of plans and specifications. The
scope of work for the Special Engineering Services is more generally described as
follows:
Design, property and construction surveys shall be based on State Plane
Coordinates. Survey to include providing City survey flags to distribute to
residents for marking sprinkler heads and valves prior to field surveys.
Recipients of professional land surveying services under this agreement may
direct complaints regarding such services to the Texas Board of Professional
Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC 230, Austin,
TX 78753, Phone:(512)239-5263, Fax:(512)239-5253
2. Preparing for and attending up to two public and/or neighborhood meetings
(One Design and One Pre-construction) to discuss the project parameters and
a single project schematic.
3. Printing of eight sets of preliminary plans for review and distribution to utility
companies and of exhibits for public meetings, ten sets of final plans and
specifications for distribution to City and the successful contractor and three
sets of full size (22"X34") Black Line Record Drawings.
EXHIBIT D
ADDITIONAL ENGINEERING SERVICES
FOR
TERRY DRIVE PAVING IMPROVEMENTS
(North Richland Boulevard to Susan Lee Lane]
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 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
2.35.
Salary Cost is defined as the direct 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
TERRY DRIVE PAVING IMPROVEMENTS
{North Richland Boulevard to Susan Lee Lane)
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 andlor other local utility companies.
V. Provide standard details and specifications in digital format.
VI. Assist the ENGINEER by requiring appropriate utility companies to expose
underground utilities within the Right-Of-l111ay, 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.
VII. Provide engineer permission to survey on private property
VII.Provide Geotechnical Investigation results, report and pavement design
recommendations to the ENGINEER for inclusion into the construction plans and
specifications.
EXHIBIT F
COMPENSATION
FOR
TERRY DRIVE PAVING IMPROVEMENTS
(North Richland Boulevard to Susan Lee Lane)
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, Bidding and Construction Phases of the work and additionally for Special
Engineering Services andlor 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.
Staff Member and Resident Project Representative -Salary Cost Times Multiplier of
2.35. A list of the range of current salary costs, which can periodically change, for
applicable classification of employees is as follows:
Employee Classlflcatlon Rate/Hour
Senior Engineer
Senior Design Tech.
Engineer (EIT)
CADD Tech.
Clerical
$ 70.26 to $95.68
$ 47.30 to $52.56
$ 35.92 to $42.25
$ 23.10 to $38.60
$ 14.65 to $19.78
"Salary Cost" used herein is defined as the direct cost of salaries of ENGINEER,
ENGINEER's technicians, draftsmen, word processors, 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. Compensation for the Basic Engineering Services (Design, Bidding and
Construction phases) shall be a lump sum fee of $39,400.00.
The Design phase portion of the Basic Engineering Services shall be computed
at 75% of the total Basic Services Charge; the Bidding Phase portion of the Basic
Engineering Services shall be computed at 5% of the total Basic Services
Charge; and the Construction phase portion of the Basic Engineering Services
shall be computed at 20% 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 Bidding phase portion of the Basic Engineering Services shall be
due in monthly installments in the proportion to that part of the services in the
Bidding phase which have been accomplished. Final payment for services
authorized in the Bidding phase shall be due once a construction contract has
been awarded for the project by the City.
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. Compensation for Special Engineering Services not covered by the Basic
Engineering Services provided herein above shall be budgeted as follows:
Field Surveys: Crew Rate of $150.OOIHour = $6,000.00
Attend up to Two Public Meetings = $2,500.00
Direct Costs (Printing, Reproduction, etc.): Total = $2,000.00
Paper Copies: $0.251Page
Blackline Prints: $5.00/Sheet
Plots (Bond or Velum): $5.00/Sheet
Other Direct Costs Costs time a multiplier of 1.10
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 2.35.
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.
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 pertorm 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 pertormance 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 pertormed 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
TERRY DRIVE PAVING IMPROVEMENTS
(North Richland Boulevard to Susan Lee Lane)
[Conflict of Interest Questionnaire is on the following 2 pages.]
This questionnaire is being filed in accordance with chapter OFFICE USE ONLY
176 of the Local Govemment Code by a person doing
business with the govemmental entity. °ace Re`e~~ed
By law this questionnaire must be filed with the records
administrator of the local govemment not later than the ~h
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 Govemment Code. An offense under this
section is a Class C misdemeanor.
~ Name of person doing business with local govemmental entity.
Matthew Hickey, P.E.
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 activit~ described in Section
'
business day after the
176.006{a}, Local Government Code, is pending and not later than the 7
date the originally filed questionnaire becomes incomplete or inaccurate.}
3 Describe each affiliation or business relationship with an employee or contractor of the local
govemmental entity who makes recommendations to a local govemment officer of the local
govemmental entity with respect to expenditure of money.
None
4 Describe each affiliation or business relationship with a person who is a local govemment officer
and who appoints or employs a local govemment officer of the local govemmental entity that is
the subject of this questionnaire.
None
CONFLICT OF INTEREST QUESTIONNAIRE FORM CI Q
For vendor or other person doin business with local governmental entit Pa e 2
~ Name of local government officer with whom filer has affiliation or business relationship.
(Complete this section only if the answer to Q, B, or C is YES.)
This section, item 5 including subparts /~ B, C & D, must be completed for each officer with whom the filer
has affiliation or business relationship. Attach additional pages to this Form CIO as necessary.
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 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
D. Describe each affiliation or business relationship.
6 Describe any other affiliation or business relationship that might cause a conflict of interest.
7
Signature of person doing business with the governmental entity Date
Adopted 01/13/2006
CITY OF
NORTH RlCHLAND HILLS
Department: Public Works Council Meeting Date: 5-10-2010
Presented by: Gregory Van Nieuwenhuize Agenda No. E.3
Subject: PW 2010-021 Award a Professional Services Agreement to Halff Associates,
Inc. in the amount of $77,000 for the Mackey Drive (Briley Drive to Glenview Drive)
Street Improvements Project (ST0905}
The Council is being asked to award a professional services contract for the CI P Project
identified as "Mackey Drive (Briley Drive to Glenview Drive}" in the Capital Projects
Budget. The contract will include roadway design and a short segment of sanitary
sewer design.
Background:
This project will consist of the engineering design of Mackey Drive from Briley Drive to
Glenview Drive. The estimated cost of the entire project is $620,000. This project was
identified in the 2003 Bond Program. The project's design will include reconstructing
approximately 1,800 lineal feet of the existing 30 foot wide asphalt roadway with
concrete pavement. The roadway design will include concrete sidewalks on both sides
of the street, the appropriate drainage improvements, and approximately 265 lineal feet
of sanitary sewer. (The majority of the sanitary sewer on this section of Mackey Drive is
in backyard easements, except for the 265 foot section proposed to be replaced.) All
design work will be in compliance with the Pu61ic Works Design Manual.
Staff followed the City's policy for procuring professional services for the design of this
project. Requests for Qualifications were initially sent to 52 local engineering firms; 35
firms responded by submitting Statements of Qualifications ("SOQs") to the City. Five
(5} North Richland Hills' staff members (Assistant Director of Public Works, two Public
Works Civil Engineers, Parks & Recreation Parks Planner, and Planning &
Development Assistant Planner} comprised the selection committee. The selection
committee interviewed the seven (7) most qualified 5OQs for this size and type of
project. The shortlisted firms were selected based on each firm's design experience on
similar projects, current work load, proposed project approach and estimated design
schedule.
After each of these firms provided presentations to the committee, Halff Associates, Inc.
was unanimously chosen as the top firm for the Mackey Drive Street Improvements
Project.
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. 152 in
the list of the top 500 design firms by Engineering News-Record magazine. Halff
recently completed the design for Douglas Lane from Hightower Drive to Starnes Road.
Halff has kept many of the same team members from the Douglas Lane project and are
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 Briley Drive to Glenview Drive
• All necessary design and survey components for roadway and sidewalk
improvements, sanitary sewer improvements for the segment located underneath
the roadway, in addition to analyzing the existing drainage system to ensure
compliance with Public Works Design Manual.
• Permit for Texas Department of Licensing and Review (TDLR) required for
accessibility compliance.
• Utility coordination with franchise utility companies
• Preparing exhibits and attending one neighborhood meeting with residents
• Traffic control narrative
• Construction administration
The engineering agreement indicates a detailed schedule for this work as follows:
Activity
Council Approval of Agreement
Complete Design Survey
Complete Preliminary Plans
Complete Final Plans
Advertise for Construction Bids
Open Construction Bids
Begin Construction
Due Date
May 11, 2010
June 11, 2010
June 25, 2010
September 24, 2010
October 2010
November 2010
January 2011
The Public Works Department negotiated a design fee of $77,000. This design fee
consists of a base design fee and a fee for special services (surveying, traffic control,
neighborhood meeting, utility coordination, and TDLR permitting). Shown below is a
breakdown of this design fee:
Base Design Fee $ 64,000
Special Services 13 000
Total Design Fee $ 77, 000
The total amount of the professional services agreement for this project is $77,000. The
2009-2010 Capital Projects Budget indicates an approved design budget of $80,000.
Recommendation:
Approve the professional services agreement with Halff Associates, Inc. in the amount
of $77,000 for the Mackey Drive (Briley Drive to Glenview Drive) Street Improvements
Project and authorize the City Manager to execute such agreement.
" '.I
GM1Rfr'
4~ ~
~
} A~
_,
P Y.rv.~fl R..ru.-.
¢y..
........Fl'e Eilw• .
.. .........
... nTE4 Pr .+ .... ~ ..... ..........
s
au:-muar art-
a r
f
'1
N u
)g
tfo M
W b ~ X
1,
J.Af297G-A°vSE~i~ i ~ ~
~` (
1
i
1
~
y
5
~ ~ y
t
1 `
~..w.n-,iadat ................___.......
; ......
~ ~
`
j
, /Ma
~ y
4
~
r
~ ~ ~
*~
y t
~.. n`y~
.y`
• ~•~
•
r ~
,
~
\
....... ~
...w~ .
\
~E9rCT , ~`JV11WQ^~vFE'iC GIB {~
'
I ~fi~~ ..~~l~ P. ~~~
............ S
..~
~i
...,.gym--sa .................~
.__...
.
~.
~_a,~-_h.,-~ .. ~^'......
..................
+' ~
~ tll
2
IY
z ~ ~
I .. i r t . .
Mackey;.. Dr
(Briley Dr to
~ ~ ~~~~~ ~
z ,
c t
>> y,
r' ~~•
t ~.
.`
~_
GLEtAt'~'IE•~'~' J
t 1~
W
Mackey Dr
(Briley Dr to
Glenview Dry
r~
1
'N L
1 •.
s
NORTH
RICHI,~ND
H II_: T,S
F'rajeat Loratar h~fl~
L_.f
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 Mark
Hindman, 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 Mackey Drive Project from Glenview Drive to Briley Drive.
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 Mackey Drive
from Glenview Drive to Briley Drive 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 pertormance by ENGINEER's employees or subcontractors
of the tasks contemplated by this contract. All engineering services shall be pertormed
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. Inconsideration of the services described herein, CITY shall pay and ENGINEER
shall receive compensation in accordance with Exhibit F: "Compensation".
B. Total 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 SEVENTY-SEVEN THOUSAND DOLLARS AND NO CENTS,
($ 77,000.00}.
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
pertormance 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 DN
ACCOUNT DF 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 DF ENGINEER DR IT5 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 pertorming 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
pertormance of work under this Agreement. ENGINEER shall provide a Certificate of
Insurance verifying that the following minimum limits of coverage are provided:
A. Worker's Compensation Insurance:
Statutory requirements ($ 300,000 minimum}
B. Comprehensive General Liability and Bodily Injury:
Bodily Injury $ 500,000 per person, or
$ 1,D00,000 per occurrence; and
Property Damage $ 100,000 each occurrence; or
Combined Single Limit $ 1,000,000 aggregate
C. Comprehensive Automobile Liability:
Bodily Injury
Property Damage
Combined Single Limit
$ 500,000 per person, or
$ 1,000,000 per occurrence; and
$ 100,000 each occurrence; or
$ 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 pertorm 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 pertormance 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 ENGI NEER 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. Authorization 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. Legal Expenses. The parties hereto waive any claim they may have for attorney
fees in any litigation arising out of this contract or the failure of either party to
comply with the terms of such contract.
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: Mr. Benjamin L. McGahey, P.E.
4000 Fossil Creek Boulevard
Fort Worth, Texas 76137-2720
If to CITY:
City of North Richland Hills
Attn: Mr. Glenn Smith, P.E.
Civil Engineer
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 pertormed
hereunder by ENGINEER, and all persons pertorming 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. Venue. 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.
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:
Mark Hindman, City Manager
Date:
ATTEST:
City Secretary
2010.
By:
Date:
Halff Associates, Inc.
(ENGINEER}
Jerry F. Roberts, Principal
ATTEST:
Notary Public in and for the State of
Texas
Type or Print Notary's Name
My Commission Expires:
C-TY SEAL CDRPDRATE SEAL
EXHIBIT A
PROJECT SCHEDULE
FOR
MACKEY DRIVE
rjGlenview Drive to Briley Drive)
PROJECT SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
Activity
Scope Meeting
Award of Contract
Due Date
April 22, 2010
May 11, 2010
Complete Design Surveys
Complete Schematic
Complete Preliminary Plans
Complete City Review
Complete Final Plans
Advertise for Construction Bids
Open Construction Bids
Begin Construction
June 11, 2010
June 25, 2010
July 26, 2010
August 9, 2010
September 24, 2010
October 10, 2010
First Week of November 2010
Early January 2010
EXHIBIT B
BASIC ENGINEERING SERVICES
FOR
MACKEY DRIVE
(Glenview Drive to Briley Drive)
The scope of work for BASIC Engineering Services involves Preliminary Design, Project
Plans, Specifications and Estimates on Roadways and Storm Drainage.
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 Management, Administration and Coordination
~. 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 phaselsection of the PROJECT. The
ENGINEER will be responsible for the coordination, supervision, review and
incorporation of work pertormed 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 maplschematic 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 andlor 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, 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 10~' intervals. Upon completion, the
schematic design must be approved by the CITY prior to the start of the
preliminary phase.
B. If required, the 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.
II. PRELIMINARY DESIGN PHASE
A. Roadway Design
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 driveways and
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 be included in the plans.
B. Other Roadway 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. Drainage Plans and Details
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. Sanitary Sewer Plans and Details
The project will include design of approximately 265 linear feet of 6-inch
sanitary sewer. This sewer line will be designed to replace the existing
sanitary sewer located within existing Mackey Drive.
2. Miscellaneous Sewer Details
Miscellaneous sewer details will be prepared for any sewer related items
which are not covered by City standard details.
E. Water Plans and Details
1. The project will include design of new water services and meter boxes to
each resident with an existing water service connection to the existing water
main located within the Mackey Drive rights-of--way. The design of a new
water distribution line is not within the scope of this project.
2. Miscellaneous Water Details
Miscellaneous water details will be prepared for any water related items which
are not covered by City standard details.
F. 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.
G. Submit 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 Final Design Plans
1. Incorporate CITY review comments and directives from the preliminary design
plans, in the preparation of final construction plans.
B. Calculate Final 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
1. Submit two (2) sets of final bid documents for CITY review and approval.
2. Submit detailed drawings and planslspecifications to appropriate regulatory
agency(ies) 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.
C. Assist in the preparation of formal Contract Documents and in coordinating their
execution by the respective parties.
D. After award of PROJECT, the ENGINEER shall provide seven (7) complete sets
of construction plans to be distributed to the CITY and CONTRACTOR (five (5)
sets for the CITY and two (2} sets for the CONTRACTOR}.
E. 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 pertorm the construction work in accordance with the
Contract Documents.)
F. 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.
G. 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.
H. 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.
I. 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.
J. 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 PRDJECT 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 & G15 format) to the CITY.
EXHIBIT C
SPECIAL ENGINEERING SERVICES
FAR
MACKEY DRIVE
Glenview Drive to Briley Drive)
The scope of work for SPECIAL Engineering Services involves Design Surveys. 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 518" 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 pertormed 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
surtacing 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 andlor 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, andlor 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.
I1. TRAFFIC CONTROL NARRATIVE
The ENGINEER will prepare a traffic control narrative to be inserted into the plans.
III. 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.
IV. 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.
V. 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.
VI. RECORD DRAWINGS
The ENGINEER will prepare three (3} sets of record drawings based on information
furnished by the Contractor or CITY. Record drawings will also be furnished in pdf
format and G15 shape files.
EXHIBIT D
ADDITIONAL ENGINEERING SERVICES
FOR
MACKEY DRIVE
(Glenview Drive to Briley Drive)
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 EasementlRight OF-Way acquisition parcels.
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:
Hourly Billing 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.D3
Civil-Gen-ASCE Grade 5 119.27 198.D1
Civil-Gen-ASCE Grade 6 159.03 204.65
Civil-Gen-ASCE Grade 7 183.98 218.28
Civil-Gen-ASCE Grade 8 218.90 225.93
Civil-Gen-ASCE Grade 9 140.32 140.32
Draftsman-Civil Level 1 39.73 50.23
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
GIS Level 3 65.00 88.59
Technician-Civil Level 1 94.D5 103.86
Technician-Civil Level 2 89.1 B 89.18
Survey Crew, 2-man 110.00 115.00
Survey Crew, 3-man 160.00 170.00
Surveyor-In-Training SIT 68.60 88.87
Survey Technician 63.73 7D.D0
Registered Prof Land Svyr 88.09 198.D1
Secretary 37.29 79.45
Executive Secretary 69.72 91.99
Team Member Classification
Civil-Gen-ASCE Grade t Cody Hodge
Stephen Jones
Civil-Gen-ASCE Grade 4 Leigh Hollis
David Smith
Civil-Gen-ASCE Grade 5 Erin Atkinson
Ben McGahey
Civil-Gen-ASCE Grade 6 Mark Schluter
Civil-Gen-ASCE Grade 8 Jerry Roberts
Survey-In-Training 51T Lee Holder
Survey Technician Bobby Arbuckle
Registered Professional Land Surveyor Doug Calhoun
GIS Specialist Level 3 Matt Kocian
Draftsman-Civil Level 2 Alyssa Lewis
Draftsman-Civil Level 4 Paige Schallawitz
Technician-Civil Level 1 Ron Slonaker
Secretary Kelly Thomas
Executive Secretary Grace Bright
EXHIBIT E
SERVICES TO BE PROVIDED BY THE CITY
FOR
MACKEY DRIVE
(Glenview Drive to Briley Drive)
The CITY will provide the following services to the ENGINEER in the pertormance 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 andlor other local utility companies.
V. Provide standard 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
MACKEY DRIVE
(Glenview Drive to Briley Drive]
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 Cosh' 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. Compensation for the Basic Engineering Services (Design and Construction
phases) shall be a lump sum fee of $ 64,000.00.
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. Compensation for Special Engineering Services not covered by the Basic
Engineering Services provided herein above shall be as follows:
Design Surveys:
Traffic Control Narrative:
Utility Coordination:
TDLR Permit:
Public Meeting:
Record Drawings and GIS Shape Files
Lump Sum Fee of $ 7,300.00
Lump Sum Fee of $ 700.00
Lump Sum Fee of $ 1,000.00
Lump Sum Fee of $ 1,000.00
Lump Sum Fee of $ 1,000.00
Lump Sum Fee of $ 2,000.00
Total Compensation for Special Engineering Services Shall be: $ 13,000.00
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 andlor 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 andlor 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
MACKEY DRIVE
{Glenview Drive to Briley Drive)
[Conflict of Interest Questionnaire is on the following 2 pages.]
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 OFFICE U5E ONLY
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 Govemment Code. An offense under this
section is a Class C misdemeanor.
1 Name of person doing business with local governmental entity.
Benjamin L. McGahey, P.E.
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 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.
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 CIQ
For vendor or other person doing business with local governmental entity Page 2
5 Name of local govemment 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 ^ ND
H. Describe each affiliation or business relationship.
6 Describe any other afFiliation or business relationship that might cause a corrtlict of interest.
None.
7
Signature of person doing business with the governmental entity Date
Adopted 01113(2006
crrr of
NORTH RlCHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Agenda No. F.0
Subject: GENERAL ITEMS
cirY of
rs ^ r~i~t If A afl'1 f III l L~
IYVII I T7 Ill vi IL!'fI ELI ~ ++iL•+
Department: Finance
Presented by: Larry Koonce
Council Meeting Date: 5-10-2010
Agenda No. F.1
Subject: GN 2010-029 Discussion and consideration of an Ordinance authorizing the
issuance of City of North Richland Hills, Texas, Tax and Waten+vorks and Sewer System
(Limited Pledge) Revenue Certificates of Obligation, Series 2010 and resolving other
matters incident and related thereto -Ordinance No. 3091
The bond sale scheduled for May 10, 2010 needs to be rescheduled to May 24, 2010 to
give City officials more time to meet with rating agencies and conduct a competitive sale
as planned.
A bond sale totaling $29,740,000 was scheduled for May 10, 2010. The sale includes
General Obligation Bonds (G.O.'s} of $6,025,000 and Certificates of Obligation (C.O.'s)
of $23,740,000. At the March 22nd meeting, Council approved a resolution authorizing
the intent to sell C.O.'s as required prior to issuance of the certificates. The notice of
intent to issue C.O.'s on May 10 was published by the City Secretary in accordance with
State law.
Due to a delay in the audit completion, there has also been a delay in the ratinq~
process. It is necessary to delay the sale of the bonds by two weeks to the May 24t
meeting. This will give City officials time to meet with the rating agencies and conduct a
competitive sale as planned.
This rescheduling will not alter the amount or intent of the bond issues in any way. Staff
has been working with the City's financial advisors First Southwest to identify
outstanding bonds that may be retired early. Staff will bring this forward at the time of
the May 24th meeting. Refinancing is an opportunity to reduce debt payments and have
a positive budgetary impact in the next few years.
Recommendation:
Postpone the discussion and consideration of an ordinance authorizing the issuance of
City of North Richland Hills, Texas, Tax and Waterworks and Sewer System (Limited
Pledge) Revenue Certificates of Obligation, Series 2010, to the Council meeting to be
held May 24, 2010.
crrY of
NORTH RICHLAND HILLS
Department: Economic Development
Presented by: Craig Hulse
Council Meeting Date: 5-10-2010
Agenda No. F.2
Subject: GN 2010-027 Approval of The Nomination of Columbia North Hills Hospital
Subsidiary, L.P. to the Office of the Governor, Economic Development and Tourism for
designation as a Texas Enterprise Project -Resolution No. 2010-018
A longstanding community asset, North Hills Hospital is constantly looking at ways to
improve and maintain its status as an award winning hospital. The opportunity exists for
the City of North Richland Hills to nominate North Hills Hospital for an Enterprise Project
designation with the State of Texas. The nomination does not obligate the City to
provide any financial incentives from city revenues, rather it opens the door for North
Hills Hospital to receive state sales and use tax refunds based upon employment and
capital investment over a five year period.
Similar to the successful nomination of Tyson Prepared Foods in August of 2008, staff
is recommending that the City nominate North Hills Hospital.
Background
Staff was approached by Columbia North Hills Hospital Subsidiary, L.P. in seeking a
nomination from the City of North Richland Hills to the State of Texas for an Enterprise
Project designation.
Columbia North Hills Hospital Subsidiary, L.P. ("North Hills Hospital") is a 176 bed full
service, acute-care facility. Services include a wide range of cardiovascular services,
bariatric surgery, emergency services, inpatient and outpatient surgery, radiology, a
rehabilitation unit and senior health center. Established in 1961, North Hills Hospital
provides healthcare services to the surrounding regional area as well as the immediate
North Richland Hills community.
Over the next five (5) years, North Hills Hospital anticipates spending over $6 million,
specifically $2.8 million to renovate, modernize and make facility upgrades and $3.6
million on necessary upgrades and repairs to current equipment. These allocations of
capital investment will allow North Hills Hospital to continue to provide premier medical
services.
The Texas Enterprise Project is an economic development tool for local communities to
partner with the State of Texas to promote job creation and capital investment. The
program's incentive allows a designated business to receive a $2,500 refund of state
sales and use tax for each full time job created or retained over a five year period. For
a business to participate, one of two qualifications needs to be met:
(1) Business location needs to reside within an economically distressed area or
areas of the state
(2) Business location commits to employ at least 35% of their new employees that
meet the economically distressed residency requirement
An economically distressed location falls within a census block group that contains at
least 20% of the population living at or below the poverty line.
North Hills Hospital is committing to retain all 763 jobs; of which 416 are considered full-
timefor purposes of the Texas Enterprise Program. Under this program, the potential
refund of state sales and use taxes could be worth just over $1,000,000.
The nomination of North Hills Hospital by the City of North Richland Hills for designation
as a State Enterprise Project will not obligate the City to provide any incentives, nor will
it have any associated costs to the City. Since there is no adverse impact to local sales
and use tax revenues, in addition to NRH's long term interest in the well-being of North
Hills Hospital, staff is recommending that the City nominate North Hills Hospital for this
program.
Resolution No. 2010-018 references Ordinance No. 3010 that was approved on August
26, 2008. This ordinance not only nominated Tyson Prepared Foods, but it also served
as authorization for the City of North Richland Hills to participate in the Texas Enterprise
Zone program pursuant to the Texas Enterprise Zone Act, Chapter 2303 of the Texas
Government Code. The City is eligible to nominate up to (6) projects for designation
each biennium, the most recent commencing on September 1, 2009, which allows for
five (5} more nominations.
If approved, this Enterprise Project will take effect on Tuesday June 1, 2010, terminating
5 years later on Monday June 1, 2015.
Recommendation:
Approve Resolution No. 2010-018, nominating North Hills Hospital as a Texas
Enterprise Project
~~""""~ RESOLUTION NO. 2010-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, NOMINATING COLUMBIA NORTH HILLS
HOSPITAL SUBSIDIARY, L. P. TO THE OFFICE OF THE GOVERNOR,
ECONOMIC DEVELOPMENT AND TOURISM ["OOGEDT"} THROUGH
THE ECONOMIC DEVELOPMENT BANK ["BANK"} AS AN
ENTERPRISE PROJECT ["PROJECT"} UNDER THE TEXAS
ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT
CODE ["ACT"}.
WHEREAS, on August 26, 2008 the City of North Richland Hills [the "City") adopted
Ordinance No. 3010 authorizing City participation in the Texas Enterprise
Zone Program and designating a liaison for communication with interested
parties; and
WHEREAS, the City is qualified to nominate six [8) Projects for designation to the State
of Texas per biennium; and
WHEREAS, the City desires to create the proper economic and social environment to
induce the investment of private resources in productive business
enterprises located in the Gity and to provide employment to residents the
City; and
WHEREAS, the Project is not located in an area designated as an enterprise zone; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, Columbia North Hills
Hospital Subsidiary, L. P. has applied to the City for designation as an
Enterprise Project; and
WHEREAS, the City finds that Columbia North Hills Hospital Subsidiary, L.P. could
meet the criteria for tax relief and other incentives adopted by the City on
the grounds that it is located at a qualified business site, will create a
higher level of employment, economic activity and stability; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 1. The City nominates Columbia North Hills Hospital Subsidiary, L.P. for
Enterprise Project status.
SECTION 2. The local incentives being the same as those listed in Ordinance No.
3010 [Exhibit A}, are or could be made available to the nominated Project
or activity of a qualified business.
SECTION 3. The City of North Richland Hills City Council directs and designates the
Director of Economic Development or his designee as the City's liaison to
communicate with the ODGEDT through the Bank and Enterprise
Project(s) and to communicate with qualified businesses and other
entities affected by an Enterprise Project.
SECTION 4. The City finds that Columbia North Hills Hospital Subsidiary, L.P. meets
the following criteria for designation as an Enterprise Project under
Chapter 2303, Subchapter F of the Act on the following grounds:
(a.} Columbia North Hills Hospital Subsidiary, L. P. is a "qualified
business" under Section 2303.402 of the Act since it will be
engaged in the active conduct of a trade or business at a qualified
business site within the governing body's jurisdiction, located
outside of an enterprise zone and has committed that at least thirty-
five percent (35%} of the business' new employees will be residents
of an enterprise zone or economically disadvantaged individuals;
and
(b.} There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities in the area; and
(c.) The designation of Columbia North Hills Hospital Subsidiary, L.P.
as an Enterprise Project will contribute significantly to the
achievement of the plans of the City for development and
revitalization of the area.
SECTION 5. The Enterprise Project shall take effect on June 1, 2010 and terminate on
June 1, 2015.
PASSED AND APPROVED on this the 10th day of May, 2010.
By:
CITY OF NORTH RICHLAND HILLS
~scarTrevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Craig Hulse, Economic Development Director
ATTACHMENT
ORDINANCE NO.3D90
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AUTHORIZING THE CITY OF NORTH
RICHLAND HILLS TO PARTICIPATE IN THE TEXAS ENTERPRISE
ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE
ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE ("ACT"],
PROVIDING POSSIBLE TAX INCENTIVES, DESIGNATING A LIAISON
FOR COMMUNICATION WITH THE INTERESTED PARTIES, AND
NOMINATING TYSON PREPARED FOODS, INC. TD THE OFFICE OF
THE GDVERNOR, ECDNOMIC DEVELOPMENT AND TOURISM
("ODGEDT") THROUGH THE ECONOMIC DEVELOPMENT BANK
("BANK") A5 AN ENTERPRISE PROJECT ("PROJECT").
WHEREAS, the City Council of the City of North Richland Hills, Texas (the "City")
desires to create the proper economic and social environment to induce
the investment of private resources in productive business enterprises
located in the City and to provide employment to residents of the City; and
WHEREAS, the Project is not located in an area designated as an enterprise zone; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, Tyson Prepared
Foods, inc. has applied to the City for designation as an Enterprise
Project; and
WHEREAS, the City finds that Tyson Prepared Foods, Inc. could meet the criteria for
tax relief and other incentives adopted by the City on the grounds that it is
located at a qualified business site, will create a higher level of
employment, economic activity and stability; and
WHEREAS, a public hearing to consider this ordinance was held by the City Council of
the City of North Richland Hills, Texas on August 26, 2t)08.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION '1. The City nominates Tyson Prepared Foods, Inc. far Enterprise Project
status.
SEGTION 2. The coca! incentives identified and summarized briefly in the attached
Exhibit A, at the election of the governing body, are or could be made
available to the nominated Project or activity of a qualified business.
SECTION 3. The City of North Richland Hills City Council directs and designates the
Director of Economic Development or his designee as the City's liaison to
communicate with the OOGEDT #hraugh the Bank and Enterprise
Ordinance No. 314
Page 1 of d
Project(s) and to communicate with qualified businesses and other entities
affected by an Enterprise Project.
SECTION 4. The City finds that Tyson prepared Foods, Inc. meets the following criteria
for designation as an Enterprise Project under Chapter 2303, Subchapter
F of the Act on the following grounds:
(a.) Tyson Prepared Foods, Inc. is a "qualified business" under Section
2303.402 of the Act since it will be engaged in the active conduct of
a trade or business at a qualified business site within the governing
body's jurisdiction, located outside of an enterprise zone and has
committed that at least thirty-five percent (35%) of the business'
new employees will be residents of an enterprise zone or
economically disadvantaged individuals; and
(b.) There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities in the area; and
(c.) The designation of Tyson Prepared Foods, lnc. as an Enterprise
Project will contribute significantly to the achievement of the plans
of the Ci#y for development and revitalization of the area.
SECTION 5. The Enterprise Project shall take effect on September 2, 2x08 and
terminate on September 2, 2013.
PASSED AND APPROVED on this the 26th day of August, 2
CITY~F ~,`IORTH
gY=
A P V D A D LEGALITY:
George A. Staples, City Attorney
.'~1;' .
,'
APP~¢, ~ S TO CONTENT:
Crai~rj~~; Economic Development director
r Trevino, Mayor
Ordinance No. 3010
Page 2 of d
Patricia Hutson, City Secretary
Exhibit A
-. - - r-
Local Sales and Use he City may allow sales and use On Case By Gase
1 Tax Refunds tax refunds_ . Basis
On Case By Case
2 Tax Abatement Pro ert tax abatement. Basis
Property tax exemption for Freeport
3 Free ort Exem tion ro ert . Git wide
Sales Tax far Crime Contro! and
Prevention District, Parks and
Recreation Development District and On Case By Case
4 4B Sa_le_ s Tax Economic Develo ment Basis
The City may make zoning changes _
Zoning to expedite the development On Case By Case '
5 Chan esNariances rocess. Basis
_
The City may provide certain
Building Cade building code process exemptions to On Case By Case
6 Process Exem tions ex edite the development races. Basis
Impact) inspection The Gity may exempt impact! On Case By Case
7 Fee Exem tions ins action fees. Basis
The City may streamline permitting
Streamlined procedures to promote economic
8 Permittin activi Cit ide
_
Improved Fire and Safety and protection of City
9 Police Protection residents. Ci wide
Crime Control and Prevention
District, Neighborhood Watch
Community Crime Programs, CrimeReports.com, and
10 Prevention Pro rams Grimeweb.net Citywide
Capital
Improvements In The City may provide resources for
Water and Sewer a capital improvement plan related On Case By Case
11 Facilities to water and sewer service. Basis
_ The Gity is responsible for
maintaining and repairing public
12 Ro
Re air
ad streets and alie s inside Ci limits. Cit ide
_
_
Parks and Recreation Development
Creation or 'District, to develop and maintain
Improvement of parks and promote healthy lifestyle
13 Parks for Cit residents. Ci# ide
Provision of Publicly
Owned Land for
Development The City may provide publicly awned On Case By Case
1~1 Pur oses land for development ur oses. Basis
Ordinance No. 3010
Page 3 a14
Exhibit A (continued}
One-Stop Permitting,
Problem Resolution The City may offer one-stop
15 Center ermittin Ci# ide
Promotion and Northeast Tarrant Chamber of
16 Marketin Service Commerce. Ci wide
Job Training and ~~
Empioyment Offered through ATI-Career Training
17 Services ' Center, and Tarrant Count Caile e. Cit ide
Ofifered through ATi-Career Training
18 Retrainin Pro ram Center, and Tarrant Count Colle e. Cit ide
Literacy and
Employment Skills Offered through ATl-Career Training
19 . Services Center, and Tarrant Count Calle e. Cit ide
Offered through ATl-Career Training
2~ Vocational Education Center, and Tarrant Count Colle e. Cit wide
Customized Job Offered through ATI-Career Training
21 Trainin Center, and Tarrant County Calle e. Cit wide
Infrastructure he City may provide infrastructure On Case By Case
22 Im rovements im ravements for industries. Basis
Ordinance No. 3010
Page 4 of 4
c-ry of
NORTH R-CHLAND HILLS
Department: Parks and Recreation
Presented by: Chris Swartz
Council Meeting Date: 5-10-2010
Agenda No. F.3
Subject: GN 2010-030 Approve Contract with American Bottling Company for Parks
and Recreation Department Beverage Sponsorship
City Council is being requested to approve a five year beverage contract and
sponsorship with American Bottling Company for the Parks and Recreation Department
including NRH2O and other facilities within the park system.
Staff solicited requests for proposals (RFP 10-025} for a beverage vendor for the Parks
and Recreation Department. The proposal included NRHZO Family Water Park and
other facilities within the Parks and Recreation system. Proposals were received from
Coca-Cola and American Bottling (Dr Pepper}. Pepsi Cola did not respond to the
request for proposals. After evaluation and negotiation, staff determined that Dr
Pepper's proposal best fits the current needs and requirements of the department. The
Dr Pepper proposal includes better pricing on product and its "value-adds" offer the
department the best financial opportunity. A comparison chart showing a summary of
both vendor proposals is listed below.
Beverage Sponsorship Evaluation for Life of Contract
Dr Pepper Coca-Cola
Sponsorship
Sponsorship Dollars $55,000 $75,000
On Can Offer (NRHZO) Yes No
On Can Offer (NRH2O) Value $50,000 $0
Radio Support $75,000 $0
Scholarship $11.250
$191,250 $75,000
Pricing (Two Highest Volume)
Bag in Box (5 gallons of syrup) $52.05 $67.47
20 ounce bottle $0.80 $0.73
Notes
• 1 Bag in Box yields 3,840 ounces (30 gallons} of finished product.
Dr Pepper's proposal is valued at $191,250 over afive-year period and includes several
major components. The largest component is for advertising and marketing which
includes an "on can" offer and radio spots valued at $125,000 over the life of the
contract. The other two components include cash payments totaling $55,000; and a
scholarship program targeted to those participating in local youth sports organizations
valued at $11,250.
Some of the highlights of Dr Pepper's proposal are:
• Dr Pepper will provide $11,000 per year ($55,000 total) in sponsorship dollars for
NRH2O and Richland Tennis Center. These funds may be allocated for special
events or other purposes.
Dr Pepper will provide $15,000 worth of designated radio spots with 10-second radio
tags for NRH2O between the months of May and August each year ($75,000 total).
Dr Pepper will provide an "on can" offer on 100,000 cases each year. The annual
estimated value of this is $10,000.
Dr Pepper will provide all equipment necessary to vend contracted products and
they will provide all maintenance for vending equipment.
Dr Pepper will provide complimentary product for special events.
• At no charge, Dr Pepper will supply "point of purchase" equipment to NRH2O. Such
items are "point of sale" signs, menu boards, clocks and Dr Pepper promotional
banners.
Parks and Recreation Department's Obligations:
• Dr Pepper will be the exclusive beverage provider for all facilities included in the
contract.
• Dr Pepper will be listed as a sponsor on the major donorlsponsor board at the front
of NRH2O and their logo will be listed on all permanent billboards and message
centers at other identified facilities.
• Dr Pepper will be listed as a sponsor for specified departmental special events.
• Dr Pepper's logo will be placed in each edition of the "Time of Your Life" magazine.
Dr Pepper will receive complimentary tickets for promotional purposes.
Recommendation:
Approve the five-year contract with American Bottling Company for the Parks and
Recreation Department and authorize the City Manager to execute the agreement.
CITY OF NORTH RICHLAND HILLS, TEXAS
AGREEMENT FOR PROVISION OF NON-ALCOHOLIC BEVERAGES
This AGREEMENT is made and entered into this day of
2010,
by and between THE CITY OF NORTH RICHLAND HILLS PARKS AND RECREATION
DEPARTMENT, hereinafter called the CITY, and THE AMERICAN BOTTLING
COMPANY, a business hereinafter called AMERICAN BOTTLING.
This AGREEMENT is applicable to the furnishing of non-alcoholic beverages by
AMERICAN BOTTLING to the CITY for the sale of such products to its guests and
customers.
The parties agree as follows:
NRH~,O Family Water Park
AMERICAN BOTTLING agrees to:
1. Provide national account pricing on all products including but not limited to stock
Dr Pepper cups and beverage product.
2. Provide promotional materials such as AMERICAN BOTTLING point of purchase
signs, AMERICAN BOTTLING point of sale, AMERICAN BOTTLING menu
boards, AMERICAN BOTTLING clocks, AMERICAN BOTTLING promotional
banners, AMERICAN BOTTLING umbrellas, etc. to be placed by CITY
throughout the park.
3. Provide current equipment at no charge to CITY. This includes procurement,
delivery, installation and service. Additional equipment based on CITY's future
needs may be required, but must be mutually agreeable.
4. Provide miscellaneous support equipment at no charge at NRH2O. Support
equipment to include postmix systems, racks and coolers.
5. Repair and response time of no greater than three (3} hours between the hours
of 9:00 AM and 5:00 PM, seven (7} days per week with a AMERICAN BOTTLING
representative available for emergency calls twenty-four (24) hours, seven (7}
days per week for the duration of the agreement.
6. AMERICAN BOTTLING shall provide the ability for CITY to utilize an on-can offer
to promote NRH2O Family Waterpark. This offer will be utilized under a timetable
that is agreeable to both CITY and AMERICAN BOTTLING. CITY shall approve
design and application of on-can offer. It will encompass a minimum of 100,000
cases of product.
7. AMERICAN BOTTLING shall provide $15,000 worth of radio spots between
the months of May and August annually on mutually agreed upon
commercial stations.
8. AMERICAN BOTTLING shall provide cash payment of $10,000 at the beginning
of each contract year for advertising and marketing. Such payment shall be used
at the discretion of CITY.
Walkers Creek Girls Softball Complex
8403 Emerald Hills Way
AMERICAN BOTTLING agrees to:
1. Provide and service current equipment at no charge for the life of the contract
and mutually evaluate equipment needs for future locations within the park.
Fossil Creek Park Girls Softball Complex
6101 Onyx Drive South
AMERICAN BOTTLING agrees to:
1. Provide and service current equipment at no charge for the life of the contract
and mutually evaluate equipment needs for future locations within the park.
Richfield Park
7250 Chapman Road
AMERICAN BOTTLING agrees to:
1. Provide and service current equipment at no charge for the life of the contract
and mutually evaluate equipment needs for future locations within the park.
Cross Timbers Park (Baseball Complex)
7680 Douglas Lane
AMERICAN BOTTLING agrees to:
1. Provide and service current equipment at no charge for the life of the contract
and mutually evaluate equipment needs for future locations within the park.
Richland Tennis Center
7111 N.E. Loop 820
AMERICAN BOTTLING agrees to:
1. Provide and service current equipment at no charge for the life of the contract
and mutually evaluate equipment needs for future locations within the park.
2. AMERICAN BOTTLING shall provide cash payment of $1,000.00 at the
beginning of each contract year for promotional tournaments ("Center's Base
Funds").
Northfield Park
7408 Davis Boulevard
AMERICAN BOTTLING agrees to:
1. Provide and service current equipment at no charge for the life of the contract
and mutually evaluate equipment needs for future locations within the park.
North Richland Hills Recreation Center
6720 N.E. Loop 820 North Richland Hills
AMERICAN BOTTLING agrees to:
1. Provide and keep stocked at least three drink vending machines at the
Recreation Center.
2. Pay 20% of vending machine cross sales to the Recreation Center.
Green Valle~Soccer Complex and Community Park
7001 Smithfield Road
AMERICAN BOTTLING agrees to:
1. Provide and service current equipment at no charge for the life of the contract
and mutually evaluate equipment needs for future locations within the park.
In addition, AMERICAN BOTTLING agrees to:
1. Provide equipment for the aforementioned locations to use in the sale of
AMERICAN BOTTLING products.
2. Provide at no charge, service, installation and repair on the equipment owned by
AMERICAN BOTTLING that is placed in each location.
3. Provide point of sale and advertising material as needed. (Mutually agreed upon
quantities and sources.)
4. Mutually evaluate equipment needs for existing locations within the park system.
5. Provide national account pricing on all products including but not limited
to stock Dr Pepper cups and beverage product.
6. Provide as much soft drink fast flow fountain dispensing equipment, (Bag
In a Box), and installed chase lines (if required) as may be needed at each
of the identified facilities. NRH Parks and Recreation will provide the
definition of a portable system.
7. Supply at no cost or charge, maintenance, and repair service, including
preventive maintenance on all machines and equipment provide pursuant to this
agreement.
8. Indemnify and hold the City of North Richland Hills harmless from any and all
liability, loss, damage, claim or subrogation and expenses arising due to
mechanical malfunctions of the AMERICAN BOTTLING's equipment or because
of consumer consumption of AMERICAN BOTTLING's product sold by the City.
9. Provide, at no charge, brochures, posters, displays, or any other advertising
material in this category.
10. Provide support in the form of five promotional/special events equivalent to 40
cases of 20 ounce bottled product.
11. Provide support in the form of two promotional/special events -Complimentary
Product - 30 Cases of/z liter Deja Blue.
12.Identify one primary point of contact for company. This primary point of contact
will be responsible for assisting with all areas to include both service related and
product related questions.
13. Provide a scholarship to be administered through the City at a value of $2,250
per contract year. This will be payable at the beginning of each contract year.
AMERICAN BOTTLING will be provided an opportunity to attend and be
recognized as the sponsor of these scholarships.
The following obligations apply to the City of North Richland Hills entire parks and
recreation system listed within this proposal. AMERICAN BOTTLING receives first right
of refusal for any proposals issued for any new facilities added to the inventory during
the current contract.
CITY agrees as follows:
1. To exclusively purchase for all facilities listed herein all/any beverage products
from AMERICAN BOTTLING including :carbonated, non-carbonated products,
tea, bottle waters, juices and isotonics for all vending dispensing, concessions or
sampling purposes. (Pricing of product can increase annually with a 30 day
notice.)
a. An issue having arisen with respect to products purchased by youth
organizations for city events, a penalty of $500.00 will be paid by City for
each incident that product is found that was not purchased from
AMERICAN BOTTLING unless it is shown that the product was
purchased only after American Bottling failed to provide a full order of the
requested product within 48 hours after the official contact at the youth
group emails the official contacts at AMERICAN BOTTLING the order.
Current contacts at AMERICAN BOTTLING are: Janet Rudder (972-721-
8197) - Janet. rudder~dpsa com, Billy Chapman (972-721-8198),
billy.chapmantr'~dpsq.com, Tony Wilson (972-721-8209) -
tony.wilsonCa~7d~sq corn, Carroll Nanning (972-721-8191) -
carroll.hanninq~dpsg.com. Vending machine repair is 214-330-0491.
AMERICAN BOTTLING is responsible for keeping contact list current.
b. The full order must be received no later than 48 hours after placement. If
complete order is not received within 48 hours from its placement, the
youth group is free to purchase beverages from any source necessary to
correct the order deficiency.
2. Advertising of soft drink beverage products in anylall locations will be exclusive
AMERICAN BOTTLING brands/products. (All artwork/installations to be pre-
approved by AMERICAN BOTTLING )
3. 250 Tickets to NRH2O Family Waterpark will be provided by City at no charge to
American Bottling for each year the contract is in effect.
4. AMERICAN BOTTLING will be listed on the major donorlsponsor board at the
front of NRH2O for the duration of the agreement.
5. AMERICAN BOTTLING will be listed as a sponsor with logo identification for all
major special events.
6. At NRH2O, AMERICAN BOTTLING approved logo will be placed on written
promotional material/signage for promotional/special events that have been
provided by AMERICAN BOTTLING. This includes approximately 90,000 park
brochures developed annually. Due to contract scheduling, AMERICAN
BOTTLING may not appear on the 2010 Season's brochure.
The term of this contract shall be for a period of (5) five years.
CITY OF NORTH RICHLAND HILLS,
TEXAS
THE AMERICAN BOTTLING
COMPANY
Bv:
Mark Hindman, City Manager
ATTEST:
Patricia Hutson, City Secretary
By:
ATTEST:
Signature
APPROVED AS TO FORM:
George Staples, City Attorney
Printed Name
c~rY of
NORTH R~CHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 5-10-2010
Agenda No. G.0
Subject: EXECUTIVE SESSION ITEMS
No items for this category.
crrY of
NORTH RlCHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Agenda No. H.0
Subject: INFORMATION AND REPORTS
crrY of
NDRTH RrCHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Mayor Pro Tem Scott Turnage Agenda No. H.1
Subject: Announcements -Mayor Pro Tem Turnage
Announcements
The 4th Annual Generation Next Art Exhibit will be on display at the North Richland Hills
Public Library from May 13th through May 21st. The exhibit includes art by high school
students and teachers from Birdville ISD. For more information, please call 817-427-
6620.
NRH2~ opens for the 2010 season on Saturday, May 15th. Visit nrh2o.com for a
complete park schedule and details on all of the special events planned for this
summer. For more information, you can also call 817-427-6500.
More than 60 local businesses are now participating in the Shop NRH program and
offering exclusive discounts and coupons to local residents. To take advantage of these
special offers, log on to the City's web site at www.nrhtx.com and click on the Shop
NRH link.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Willie Presley and Kevin Jackson, Public Works Department
A call was received from a resident complimenting Willie and Kevin on their rapid
response and quick handling of a stopped up sewer line. They both did a fantastic job
and kept him informed about what they were doing and why. They are excellent
employees and an asset to the City, the resident said.
clrr of
NORTH RlCHLAND HILLS
Department: City Secretary Council Meeting Date: 5-10-2010
Presented by: Agenda No. H.2
Subject: Adjournment