HomeMy WebLinkAboutCC 2019-03-25 Agendas M RH
NOKTH ILIC:HLAND HILLS
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
MONDAY, MARCH 25, 2019
WORK SESSION: 6:00 PM
Held in the Council Workroom
CALL TO ORDER
1. Discuss items from regular City Council meeting.
2. 2018 Police Department and Fire Department Annual Reports
3. Discussion of Smithfield Transit Oriented Development
4. Discussion of Iron Horse Golf Course Capital Improvements
EXECUTIVE SESSION
The City Council may enter into closed Executive Session as authorized by
Chapter 551, Texas Government Code. Executive Session may be held at the
end of the Regular Session or at any time during the meeting that a need
arises for the City Council to seek advice from the city attorney (551.071) as
to the posted subject matter of this City Council meeting.
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.
REGULAR MEETING: Immediately following executive session (but no
earlier than 7:00 p.m.)
Held in the City Hall Council Chambers
Monday, March 25, 2019 City Council Agenda
Page 1 of 4
A. CALL TO ORDER
A.1 INVOCATION - COUNCIL MEMBER BARROW
A.2 PLEDGE - COUNCIL MEMBER BARROW
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
A.4 CITIZENS PRESENTATION
An opportunity for citizens to address the City Council on matters which are
not scheduled for consideration by the City Council or another City Board or
Commission at a later date. In order to address the Council, please complete
a Public Meeting Appearance Card and present it to the City Secretary prior
to the start of the Council meeting.
A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
B.1 Approve minutes of the March 4, 2019 regular City Council meeting.
B.2 Authorize the City Manager to execute a professional services contract
with Kimley-Horn Associates, Inc. for the NRH Active Transportation
Projects for Trail and On-Road Systems in the amount of$113,500.
B.3 Authorize payment to Bound Tree Medical, LLC for consumable medical
supplies for an amount not to exceed $144,080, using an interlocal
agreement with the City of Cedar Hill.
B.4 Approve Resolution No. 2019-017, continuing participation in Tarrant
County's HOME Investment Partnership Program.
C. PUBLIC HEARINGS
CA SUP 2018-08, Ordinance No. 3573, Public hearing and consideration of
a request from Sohail Dharani for a Special Use Permit to allow fuel
sales at 7605 Boulevard 26, being 0.6913 acres described as Lot 1,
Block 2, Richland Terrace Addition.
Monday, March 25, 2019 City Council Agenda
Page 2 of 4
C.2 TR 2019-01, Ordinance No. 3574, Public hearing to consider
amendments to Section 118-1 (Definitions), Section 118-565 (Schedule
of Permitted Uses by Character Zone), Section 118-631 (Table of
Permitted Uses), Section 118-633 (Special Land Use Regulations), and
Section 118-711 (Alcoholic Beverages) of the North Richland Hills
Zoning Ordinance regarding alcohol related uses.
C.3 TR 2019-02, Ordinance No. 3575, Public hearing to consider
amendments to Article II Administration and Article III Site Plans of the
North Richland Hills Zoning Ordinance regarding the expiration and
withdrawal of applications.
D. PLANNING AND DEVELOPMENT
E. PUBLIC WORKS
F. GENERAL ITEMS
F.1 Consider Ordinance No. 3576, amending Code of Ordinances Chapter
6, Alcoholic Beverages, Article I, In General, regarding permit
requirements for certain establishments selling alcoholic beverages.
F.2 Consider Resolution No. 2019-018, authorizing the City Manager to
execute and deliver a Continuing Disclosure Agreement between the
City of North Richland Hills and the Trinity River Authority of Texas.
F.3 Approve award of bid no. 19-009 to Dippin' Dots, L.L.C. for a three year
agreement to provide beaded ice cream for resale at NRH2O Family
Water Park in an amount not to exceed $78,000 annually.
F.4 Authorize the City Manager to negotiate and execute a contract for the
sale of unimproved city-owned property and execute all other necessary
documents for the sale of 4705 Cummings Drive to John I. Escoto &
Mary E. Escoto in the amount of$72,000.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION
ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON
WORK SESSION AGENDA
H. INFORMATION AND REPORTS - COUNCIL MEMBER LOMBARD
H.1 Announcements
Monday, March 25, 2019 City Council Agenda
Page 3 of 4
I. 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 Friday, March 22,
2019 by 3:00 PM.
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Assistant City ecretar
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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.
Monday, March 25, 2019 City Council Agenda
Page 4 of 4
1g1kH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Discuss items from regular City Council meeting.
PRESENTER: Mark Hindman, City Manager
SUMMARY:
The purpose of this item is to allow City Council the opportunity to discuss any item on
the regular agenda.
GENERAL DESCRIPTION:
The purpose of this standing item is to allow City Council the opportunity to inquire
about items that are posted for discussion and deliberation on the regular City Council
agenda.
City Council is encouraged to ask staff questions to clarify and/or provide additional
information on items posted on the regular or consent agenda. City Council may also
elect to move items from the regular agenda to the consent agenda upon receiving
clarification from staff on posted regular agenda items.
1q R.H
NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: 2018 Police Department and Fire Department Annual Reports
PRESENTER: Jimmy Perdue, Director of Public Safety
Summary:
The 2018 Annual Reports for the North Richland Hills Police Department and Fire
Department provide a snapshot of the activity and accomplishments of both
departments during the calendar year. It shows a variety of activity measurements
indicating the effort of these dedicated public safety employees.
General Description:
Police Department - During 2018, an 11% increase was experienced in UCR Part I
offenses when compared to the previous year. Significant decreases were seen in
aggravated assault and burglary. A 2% decrease was experienced in Part 11 offenses
when compared to the previous year, with a significant decrease observed in simple
assaults and vandalism. We continued to improve both our efficiency and effectiveness
in serving our community and the delivery of shared services. In 2018, our department
was formally recognized in Washington D.C. for being a finalist in the Destination Zero
Award for our SHIELD Program. The hard work by the men and women of our
department continues to exceed expectations with their dedication and innovation. Our
partnership with Birdville Independent School District and NRHFD for the execution of
Active Shooter Integrated Response was a rewarding and invaluable experience for all
those involved. NRHPD continues to embody honor and integrity in the service of our
community.
Fire Department — 2018 has once again proven to be a very busy year for NRHFD. We
have responded to 8,354 calls for service in 2018 making this year the third year to
exceed 8,000 calls. In February our department was awarded the Texas Fire Chiefs
Association (TFCA) Best Practices Recognition after years of work and preparation. The
Insurance Service Office (ISO) conducted our 10-year review in August and we
received notification in December our Public Protection Classification (PPC) will be
upgraded from a class 2 to class 1 in May 2019. Our department experienced a record
number of retirements in 2018. We had a total turnover of fourteen for the year
exceeding the average of eight. Mutual aid given to other cities has decreased for the
third consecutive year in 2018 to 622 calls for service.
The Fire Department's annual report is attached. The Police Department report is being
finalized and will be provided to Council by Monday.
North Richland Hills Fire-Rescue
018 Year in Revietv Stan Tinney, Fire Chief
North Richland Hills Fire Department is very blessed with the continued support
of our community. Our department is able to provide the highest level of service
possible because of this support and the investment our citizens provide. Our members
proudly serve and protect the community every day and are thankful for the opportunity.
Our Mission
Answering the call to strengthen our community's quality of life through dedicated
service, courageous members, strong leadership and honoring tradition.
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2018 has once again proven to be a very busy year for the NRHFD. We have
responded to 8,354 calls for service in 2018 making this year the third year to exceed
8,000 calls. In February our department was awarded the Texas Fire Chiefs
Association (TFCA) Best Practices Recognition after years of work and preparation. The
Insurance Service Office (ISO) conducted our 10-year review in August and we
received notification in December our Public Protection Classification (PPC) will be
upgraded from a class 2 to class 1 in May 2019. Our department experienced a record
number of retirements in 2018. We had a total turnover of fourteen for the year
exceeding the average of eight. Mutual aid given to other cities has decreased for the
third consecutive year in 2018 to 622 calls for service.
Courage * Compassion * Leadership * Dedication * Honor Page 1
Calls for Service:
In 2018 total calls for service exceeded 8,000 calls for the third straight year ending
at 8,354. EMS calls consistently average 71% of our overall calls for service.
2006 to 2018
9000
8000
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2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Response Time
Response times are broken into three categories; call processing (from the initial
contact with the call taker until the call is dispatched), turnout (from the time crews are
notified of the call until the unit starts moving), travel (drive time to the incident). These
categories are totaled to give the overall response time. Combined turnout and travel
times averaged 4:54 over the last four years. Call processing time over this same time
has averaged 1:14 for a total average response time of 6:11 .
Mutual Aid Trends
Mutual aid is defined as given or received. When NRH units respond to another
city to provide mutual aid the aid is identified as "given". When mutual aid units respond
to our city it is identified as "received". Mutual aid continues to be a vital part of the
public safety delivery system in the North Tarrant County area. Aid given to others has
reduced again in 2018 for the third straight year. Less than 2% (165) of our overall calls
require mutual aid assistance from our partners.
Courage * Compassion * Leadership * Dedication * Honor Page 2
Station Response Analysis
Station 5 has been reactivated for more than three years now. The use of station
5 has proven it is a much-needed asset to the southern half of the city. The station 5
district was the third busiest district in the city in 2018.
Calls by Station District
3000
2500
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Station 2
1500 FIX,
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1000 M Statio n 4
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2013 2014 2015 2016 2017 2018
High Call Demand Locations
North Richland Hills has many facilities that provide a variety of senior living
assistance. These range from senior apartments that primarily provide cleaning, meals
and minor living assistance to long-term skilled nursing facilities. NRH currently has a
minimum of 1,267 rooms available in these type facilities. Stone Creek will provide
another 110 beds and the recently approved Watermere project is expected to add a
minimum of 229. Population in senior living facilities within NRH will soon reach 1,606.
Calls for service at all senior living facilities combined have decreased over the past few
years however these facilities remain locations for high call volumes.
491 43.11% 385 39.05%
251 22.04% 165 16.73%
163 14.31% 177 17.95%
234 20.54% 259 26.27%
1139 98
Courage * Compassion * Leadership * Dedication * Honor Page 3
Senior living facility calls for service
1400
1200 1170 1139
1000
1 ..... 6
962 051
800
IMMM Ca I Is
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400 ...... .... ... .... ....
200 ...... .... ......
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2014 2015 2016 2017 2018
Strategic Planning
The NRHFD Strategic Plan was reviewed and revised in 2016 in order to
implement a plan that includes five categories that are updated annually. In November
2018 all five plans were once again updated in preparation for 2019. The use of these
plans will enhance our ability to communicate within the department and directly to the
community the plans, needs and progress of the fire department. The annual plans are
available on the fire department web page.
The five categories are;
• Community Risk Reduction - public education, fire prevention and fire
investigation.
• Staffing — outline current and projected future staffing needs.
• Apparatus — coordinates the apparatus replacement plan, future needs and
evaluates changes in technology.
• Facilities — coordinates the repairs, maintenance and future facility needs.
• Training and Events — outlines fire and EMS training, community events and
operational activities conducted throughout the year.
Fire Marshal
The Fire Marshal Division continues to conduct annual fire inspections, oversight
of gas wells, plan reviews, public education and fire cause investigation. The third
grade fire education program continues to be an effective method to educate our
children on fire prevention.
We will continue to rotate between neighborhood open house and a larger scale
open house conducted at the training center. We were scheduled for the full-scale open
house in 2018 however it was cancelled in order for the prevention division to
participate in the funeral service for a retired member of the division. CPR training
Courage * Compassion * Leadership * Dedication * Honor Page 4
classes continue to be offered to the public certifying or recertifying hundreds of people
in the life saving skill. Employee CPR classes were offered to all city employees for the
second time in 2018 certifying or recertifying more than 120 employees.
Equipment Purchase
In 2018 three new apparatus were delivered to NRHFD, equipped, training
conducted and the units placed into service. The engine serves station 4's district and
the two aerials are assigned to station 1 and 5.
Personnel
We are very fortunate to have the greatest group of men and women in the fire
service as members in our department. While we will continue to move to a younger
department the quality of our service and the character of our members remain as high
as ever. In 2018 we had a record number of fourteen members leave our department.
One to another department, eight to retirement and five for other reasons. The five-year
average turnover has increased to 8.0 per year with retirement increasing to 3.4 per
year. Our department expected to experience a large increase in retirements in 2018
but we expect those numbers to return to numbers reflective prior to 2018.
Employee Turnover
16
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2013 2014 2015 2016 2017 2018
Courage * Compassion * Leadership * Dedication * Honor Page 5
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As we reflect on 2018, and the achievements of the men and
women of the North Richland Hills Police Department, 1
am reminded of who helps our department be so
successful- It's you, our community. Every contact, P
every call, every time, we strive to ensure we earn your
respect through our service. We are humble to serve ® �
such on outstanding community who truly values and
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supports their police department. I could not be more
proud of our men and women that work each day to
forge these relationships through their selfless service. r �� �l
This past year was tough for the field of law
enforcement, as 148 officers laid down their lives
protecting their cities, eleven from the state of Texas.
Even in the face of such tragedies, our commitment to
you remains steadfast. 1 ensure our focus continues on
providing quality police services with an emphasis on maintaining
integrity and honor.
This past year brought much growth within our organization, welcoming 14 new officers, 40 civilians
and promoting many hard working individuals throughout the ranks. Our Volunteer Program also
reached new heights, surpassing over one-hundred thousand volunteer hours. In our ever increasing
efforts to blend technology with policing, we officially welcomed the newest member of the SWAT team,
D.O.N.U.T. (Deluxe One-Arm Navigational Unit on Treads) as well as unmanned aircrafts (uAS), to the
force. We continue to work on ways to increase our outreach through creative and collaborative efforts.
Social media grew exponentially and National Night
Out had it's largest registration to date. The Women of
Law Enforcement Conference, hosted by our
department, also had the largest turn out, with over
240 registrants 1 istrants from as for Hawaii.
This report not only highlights the accomplishments of
the men and women of the North Richland Hills Police K,)
Department but it also provides an overview of their
efforts in reducing crime, our community events, and
the services we provide that help enhance quality of life
for our residents. With our continued partnership, we
will work to keep NRH the City of Choice.
Jimmy Perdue
Chief of Police
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Jimmy Perdue
Police Chief
Administrative Uniformed
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Mike Young Rick Scott
Assistant Assistant
Police Chief Police Chief
Carrie White Jeff Williams Jeff Garner Matt Clem
Captain Captain Captain Captain
Administrative Services Technical Services Criminal Investigations Uniformed Services
• • rganization
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Our Mission
Our mission is to work in a partnership with our citizens to maintain a safe, peaceful community by providing
excellence in all police services dedicated to the highest standards of ethics and integrity while preserving and
protecting life.
Our Vision
Our vision is a community environment where the public has full faith and confidence in its police department
to provide an atmosphere where people feel safe and secure.
Our Philosophy
We are committed to maintaining high ethical standards by conducting ourselves with integrity, compassion
and accountability.
We, both as individuals and as an organization, strive to be leaders in our profession and in the community we
serve. Effective leadership will model the way, enable others to act and inspire a shared vision.
We endorse the principles embodied in our constitution.
We respect and protect the rights of all citizens, and we endeavor to ensure the safety, security and protection
of life and property. Integrity is central to the values we embrace and establishes the foundation for community
trust.
We are accountable to each other and to the citizens we serve and we expect ethical, legal and moral behavior
in all aspects of our lives.
We strive to maintain the highest quality of life for all that reside within and visit our community. Our values
guide our work and decisions, help us contribute to the quality of life and promote a positive work experience.
We are dedicated to preserving the goals and values that make the City of North Richland Hills the "City of
Choice."
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► Compete` u ( imp emen6 ono ` o y&6 camera system
► joint effort to stage and publish Shattered Dreams to Birdville
High School students
► Volunteer program hits major milestone surpassing 100,000
hours of volunteer time
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► Tactical robot (D.O.N.U.T.)joins SWAT team
► uAS program implemented and pilot training underway
► Chief Perdue accepts position as board member with Texas
Police Chiefs Association F p
► FacebookLIVE beat meetings continue
► Mental Health Officer, Chris Morgan, selected as MHPO of the
year by Texas Crisis Intervention Team
► Officer Boyer participates in Special Olympics torch run as a "�
torch bearer
► "� � �111 (1r
Recognized officer participate in book signing event for Behind
the Texas Badge
► Officer Allison recognized by
Mothers Against Drunk Driving °
(MADD) r„
► Active Shooter training �
conducted with joint efforts of Wi
police, fire and school district
►
Hanging with the Heat Summer i
Camp -
► Officer Kneisel recognized as first female officer to be
appointed to sniper position on NRHPD SWAT team
and first female to pass Fort Worth PD's rigorous
sniper school.
► Team participated in 9/11 stair climb
► SRO Walden travels to California to watch former ,
student graduate Marine boot camp
► Team travels to Burundi to train Burundi law
enforcement officials
through their non-profit
organization
► NRHPD hosted 5th Annual �� '
Women of Law
Enforcement Conference
► National Night Out had
largest registration to date i1
► Heroes and Helpers
• eralions
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Patrol
• Officer Activity - 98,661
• Traffic Stops - 12,117
• Violations Issued - 8,792
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• Seizures:
Cocaine - 48.5g
Methamphetamine - 447.1g
Marijuana - 384.46 Ibs
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THC/HASH/WAX - 13,748.54g
Heroin - 632.97g
• Patrol Functions - 61
• Apprehensions - 8
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• Weapons located - 5 , -
• Total estimated street value of narcotics /
seized: $6,894,143.87
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Response Times
• Priority 1 Average - 5:24
• Priority 2 Average - 6:58
Traffic 9i/r
• Traffic Stops - 12,612
• Violations Issued - 12,634
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• Accidents Investigated - 694 ,
• Fatality Accidents - 1ky,r
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SWAT /1
• High Risk Search Warrants - 4
• Barricaded Persons - 0
• SWAT Demos - 6
• Total SWAT activations - 13
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• SWAT Training Hours - 256
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Case Load
Cases• Cases Cleared a 8
1,877
• Cases Closed - 2,893 �
Special Investigations Unit
• Cases Filed - 317
• Seizures:
Cocaine - 128.3g
Methamphetamine - 417.Sg
Marijuana - 5,227.86
B H O/WAX- 4386.59g
Heroin - 14.8g
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Vehicles - 3 �
Weapons - 7
• Gambling Investigations - 5
• Search Warrants -12 f
Victims Assistance Program
4 municipalities OIL
• Information/Referral - 1,806
• Crisis Counseling - 334
• Legal Advocacy- 119
NRH
• Information/Referral - 792
• Crisis Counseling - 157
Legal Advocacy - 66
Crime Scene
• Crime Scenes Processed - 114
• Evidence Items Processed - 380 ,J'
• Fingerprint comparisons - 3,500
• Call Outs - 30
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Community Services
Summer Camp Attendees - 44
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CPA Classes - 2
• CPA Class attendees - 41
• National Night Out participants - 41
Heroes and Helpers Children Assisted - 46
• Crime Free Multi-housing Partners - 17
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Personnel and Training
• Background Investigations - 320
1 Police Officers Hired - 14
Non-Sworn Employees Hired - 20
/i; Training Hours - 9,263
Mental Health Unit
Calls for Service - 501
Follow-ups - 406
MHPO Classes taught - 4
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Total Volunteer Hours - 20,096
Active Volunteers - 42
�✓ , �, Miles Patrolled/Driven - 28,256
Fingerprints Taken - 355
Warrant Calls made - 6,000
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Property & Evidence
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• Items Received - 7,447
Items Disposed - 8,338 `
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• Items Returned to Owner - 704
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Police Records
• Open Records Processed - 1,528
• Scanned Documents - 8,526
•
Reports audited - 14,386
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Detention Center
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4 municipalities
• Prisoner Intake - 5,572
• Average stay - 15.75
NRH
• Prisoner Intake - 2,683
• Average stay - 15.75
Communications Center
4 municipalities
• Non-Emergency Calls - 186,050
• 9-1-1 Calls - 77,920
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• 9-1-1 Education - 3,518
NRH
• Non-Emergency Calls - 83,722
• 9-1-1 Calls - 35,064
• 9-1-1 Education - 1,183
Part I Crime Report Part 1 Crimes Totail
1850
• Homicide - 1
• Rape - 64 80
• Robbery- 31 17%
• Burglary- 149 17X
Auto Theft - 122 165
• Aggravated Assault - 57 16m
• Theft - 1129 1550
BMV's - 287 1500
Shoplifting - 226 14%
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2045 20Y6 2017 2018
Part Crimes Total
2550
Part 11 Crime Report 25W loll
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• Simple Assault - 517 24m
• Vandalism - 362 2'
• Narcotics - 483
•
Other - 892 22�
2200
2150
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2015 2016 2017 2018
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Police Officer
6e eAcos�ta ►' Dannie Needham ► Dustin Black ► Tylerjohhsdn „
► , J,I`rii Bowen ►' Linda Robert ► Ken Boyer ► Amanda Kneiel
Buehrer ► Roger Stillwell ► Benjamin Braucht ► Shayne Kotara
► Kent Burch ► Eric Tom ► Kevin Brown ► 'Chris Lizak
► Sandy Burch ► Richard Walker ► Joseph Campbell ► Michael Luther
► Wesley Coles ► Teri Whaley ► Gabriel Cespedes ► Seth Martin
► Dan Dolan ► Pat Needham ► Stephen Collins ► Chris Morgan
► Katherine Enlow ► Larry Jenkins ► Tanner Contreras ► Caleb Rainey
► Kimberly Evans ► Kevin Croft (2) ► Blake Rich (2)
► Barbara Fallon Rick Curtis Jonathan Richerson
► Debra Harris Civilian ' Todd Espy (2) ► Loren Walden (2);
► Jay Hudak , Duane Ford ; Eric Webster
Mike Jacob Denise Robbins Kelly Hardin Curtis Westbrook
► Douglas Melton ► John Harding ► Jeff Williams
► Pat Mulligan ► Tim Hennessy ► Robert Wyatt
► Louis Murray ► Edgar Vidal
Meritorious Service
Civilian Police Officer
► Linda Pierce ► Ryan Abbott ► Harold Ratliff
► Lauren Woodside ► Jessica Browning ► Jonathan Richerson
► Tom Bulger ► Michael Shelley
► Chris Lizak
Civic Achievement
i ► Tiffany LaPenna ► Corey Rodriquez
Kevin MacKenzie Joe West
Ma�Kenzie
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Keep an eye on our events calendar on Facebook and our website for dates:
► Spring & Fall Citizens Police Academy
► FacebookLIVE Beat Meetings
► Youth Mental Health Series
► Youth Summer Camp - Hanging with the Heat
► Special Olympics
► UNIDOS Health Fair
► REFRESH BISD
► National Night Out
► Heroes and Helpers
More events may be added! Check Facebook and our website for dates and details!
Facebook: North Richland Hills PD Website: www.nrhtx.com/Police
4301 City Point Dr. North Richland Hills, TX 76180
Main - 817-427-7000 1 Jail - 817-427-7080 1 Dispatch - 817-281-1000
North Richland Hills PD I @NRHPD I @nrh_publicsafety
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NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Discussion of Smithfield Transit Oriented Development
PRESENTER: Mark Hindman, City Manager
GENERAL DESCRIPTION:
The area north of the Smithfield TEXRail station in-between Smithfield Road and Davis
Boulevard falls within the Smithfield Transit Oriented Development (TOD) regulating
plan, in specific the Historic TOD and TOD Core character zones. Given its proximity to
the station and central location, the area is attractive for development and
redevelopment.
The city has invited Jason Claunch of Catalyst Commercial to provide a brief
assessment. Catalyst Commercial has broad experience in connecting land-use
strategies and economics with experience throughout DFW and Texas. They have a
passion for developing complete communities and sustainable places by marketing
mixed-use projects and connecting developers, brokers and end-users together.
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NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Discussion of Iron Horse Golf Course Capital Improvements
PRESENTER: Vickie Loftice, Managing Director of Community Services
GENERAL DESCRIPTION:
Staff will provide an update on the status of professional services for improvements to the
golf course. Projected financial, budgetary and operational implications of the
improvements will also be reviewed.
At the July 23, 2018 Budget Work Session, City Council expressed interest in making
improvements to the 30 year-old golf course because of deteriorating conditions of the
fairways, bunkers, tees, cart paths and irrigation system. The golf course resides almost
fully within the floodway, and over the years frequent flooding has taken its toll. At the
October 22, 2018 Work Session, discussion was held regarding the best way to move
forward with needed improvements. Options included phasing in smaller independent
improvements or a more comprehensive approach to planning and construction that
would include professional design services, course analysis, flood study and irrigation
design.
Council concurred with a comprehensive approach to the project. As a result, staff issued
a request for proposals for design services in November. Three companies responded
and the proposals were evaluated in January. Ultimately, the selection committee chose
GolfScapes for professional design services. City Council will consider award of the
design services contract at the April 8 City Council meeting. If approved by Council,
design services are expected to begin in April and take approximately five to six months
to complete. Improvements will take place between December 2019 — September 2020.
The purpose of this item is to review anticipated financial and operational impact of the
project. The golf course is expected to remain open as much as possible during
construction but with significantly reduced play. During "grow in," the course may have to
be closed for up to three months. Reduced rounds and lost revenue in FY20 means
projected revenue will not cover operational expenses. Means to fund that gap will need
to be considered in the FY20 budget.
Staff will provide information about the future bond sale for the project along with FY20
projected revenue and expenditures and general discussion about improvements to the
golf course. Staff will have a better understanding of the impact after design services are
complete; however, staff wanted to review this information with City Council prior to
consideration of award of the professional services contract.
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NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Approve minutes of the March 4, 2019 regular City Council meeting.
PRESENTER: Alicia Richardson, City Secretary
SUMMARY:
The minutes are listed on the consent agenda and approved by majority vote of Council
at the City Council meetings.
GENERAL DESCRIPTION:
The City Secretary's Office prepares action minutes for each City Council meeting. The
minutes for the previous meeting are placed on the consent agenda for review and
approval by the City Council, which contributes to a time efficient meeting. Upon
approval of the minutes, an electronic copy will be uploaded to the City's website.
RECOMMENDATION:
Approve minutes of the March 4, 2019 regular 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 4301 CITY POINT DRIVE
MARCH 4, 2019
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the 4th
day of March at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular
City Council meeting.
Present: Oscar Trevino Mayor
Mike Benton Mayor Pro Tern
Tito Rodriguez Council, Place 1
Rita Wright Oujesky Council, Place 2
Tom Lombard Council, Place 3
Scott Turnage Council, Place 6
Tim Welch Council, Place 7
Absent: Brent Barrow Council, Place 4
Staff Members: Mark Hindman City Manager
Paulette Hartman Deputy City Manager
Karen Bostic Assistant City Manager
Alicia Richardson City Secretary
Maleshia B. McGinnis City Attorney
CALL TO ORDER
Mayor Trevino called the meeting to order at 6:00 p.m.
1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING.
Council had no questions for staff.
2. DISCUSS ALCOHOL-RELATED USES AND RELATED ZONING STANDARDS.
Director of Planning Clayton Comstock informed City Council staff seeks their direction
regarding text amendments related to establishments that produce and/or serve alcoholic
beverages. Currently the City's Code of Ordinances has inconsistent language, lack of
definitions for individual land uses, conflicting language in the land use tables and
general standards and land uses do not align with the state alcoholic beverage code.
Staff proposes the following land uses.
March 04, 2019
City Council Meeting Minutes
Page 1 of 8
Bar- 75% or more in gross sales;
Brewpub, taproom or wine bar - less than 75% in gross sales in on-premise consumption
of alcohol; and
Brewery, winery or distillery - manufactures, bottles and packages; may include a
taproom.
Staff also recommends moving the reporting standards outlined in the zoning ordinance
(Section 118-711) to Chapter 6 o the City's Code of Ordinances. Mr. Comstock outlined
how the proposed land uses would be incorporated into the zoning districts, which would
require a special use permit. Staff seeks direction from City Council regarding permitted
uses within the Transit Oriented Development (TOD) zoning districts.
The consensus of City Council is to require a special use permit for the proposed land
uses in the TOD zoning districts.
3. DISCUSS 2019 FEDERAL LEGISLATIVE PROGRAM
Assistant City Manager Karen Bostic provided an overview of the City's 2019 Federal
Legislative Program. The guiding principles remain the same as previous years:
- local control;
- predictable/sufficient level of revenue;
- unfunded mandates; and
- quality of life
EXECUTIVE SESSION
1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR
VALUE OF REAL PROPERTY - (1) 9000 HAWK, (2) 9111 HAWK AND (3)
6020 WALKER BOULEVARD
Mayor Trevino announced at 6:23 p.m. that the City Council would adjourn into Executive
Session as authorized by Chapter 551 , Texas Government Code, specifically Section
551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 9000
Hawk, (2) 9111 Hawk and (3) 6020 Walker Boulevard. Executive Session began at 6:27
p.m. and concluded at 6:32 p.m.
Mayor Trevino announced at 6:32 p.m. that City Council would convene to the regular
City Council meeting.
REGULAR MEETING
A. CALL TO ORDER
March 04, 2019
City Council Meeting Minutes
Page 2 of 8
Mayor Trevino called the meeting to order March 4, 2019 at 7:00 p.m.
Present: Oscar Trevino Mayor
Mike Benton Mayor Pro Tern
Tito Rodriguez Council, Place 1
Rita Wright Oujesky Council, Place 2
Tom Lombard Council, Place 3
Scott Turnage Council, Place 6
Tim Welch Council, Place 7
Absent: Brent Barrow Council, Place 4
Staff Members: Mark Hindman City Manager
Alicia Richardson City Secretary
Maleshia B. McGinnis City Attorney
A.1 INVOCATION
Council member Rodriguez gave the invocation.
A.2 PLEDGE
Council member Rodriguez led the pledge to the United States and Texas flags.
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
There were no items for this category.
A.4 CITIZENS PRESENTATION
There were no requests to speak from the public.
A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
No items were removed from the consent agenda.
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL
MEMBER WRIGHT OUJESKY TO APPROVE THE CONSENT AGENDA.
MOTION TO APPROVE CARRIED 6-0.
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City Council Meeting Minutes
Page 3 of 8
B.1 APPROVE MINUTES OF THE FEBRUARY 25, 2019 REGULAR CITY COUNCIL
MEETING.
B.2 AP 2019-01 CONSIDERATION OF A REQUEST FROM SPRY SURVEYORS
FOR AN AMENDED PLAT OF LOT 3R, BLOCK 3, MOLLIE B. COLLINS
ADDITION, BEING 1.225 ACRES LOCATED AT 6812 HEWITT STREET.
B.3 CONSIDER ORDINANCE NO. 3570, AMENDING SECTION 110 OF THE CODE
OF ORDINANCES TO CORRECT A SERVICE UNIT EQUIVALENT IN THE
CURRENT IMPACT FEE STUDY AND WASTEWATER IMPACT FEE IN THE
CITY'S FEE SCHEDULE.
B.4 APPROVE ORDINANCE NO. 3572, ABANDONING A WATER LINE
EASEMENT IN THE MEADOW CREST ADDITION AND AUTHORIZE THE CITY
MANAGER TO EXECUTE A QUITCLAIM DEED AND HOLD HARMLESS
AGREEMENT WITH LENNAR HOMES OF TEXAS LAND AND CONST. LTD.
C. PUBLIC HEARINGS
CA ZC 2019-01, ORDINANCE NO. 3571, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM CLAYMOORE ENGINEERING, INC.
FOR A ZONING CHANGE FROM AG AGRICULTURAL TO 0-1OFFICE AT
8161 PRECINCT LINE ROAD, BEING 1.37 ACRES DESCRIBED AS A
PORTION OF TRACTS 5 AND 5M, WC NEWTON SURVEY, ABSTRACT 1182;
TRACTS 8, 8D, AND 8H, S RICHARDSON SURVEY, ABSTRACT 1266; AND
TRACTS 8 AND 8E, T PECK SURVEY, ABSTRACT 1209.
APPROVED
Mayor Trevino opened the public hearing and called on Director of Planning Clayton
Comstock to introduce the item.
Mr. Comstock informed Council the applicant is requesting a zoning change for 1.37
acres located at 8161 Precinct Line Road. The area is designated on the
Comprehensive Land Use Plan as low density residential and the current zoning is
agricultural. He shared with City Council the Strategic Plan Committee would be
forwarding their recommendation, which includes rezoning the area off Precinct Line
Road to office. On July 9, 2018, the City Council approved a zoning change to rezone
property located to the north as office. Mr. Comstock provided site photos of the
property.
Applicant representative Clay Cristy with Claymore Engineering, located at 1903 Central
Drive, Bedford presented request. The first zoning change has gone well and they are
coming before City Council this evening to expand the site. In attendance with him this
March 04, 2019
City Council Meeting Minutes
Page 4 of 8
evening is Dr. Amir Aboutalebi to discuss the request.
Dr. Amir Aboutalebi with Northstar Dermatology, located at 5320 North Tarrant Parkway,
Suite 200, Fort Worth, Texas informed City Council he desires to expand his practice.
Mr. Comstock presented staffs report. The Planning and Zoning Commission, at their
February 21, 2019 meeting, recommended approval with a vote of 4-0-1, with
Commissioner Welborn abstaining.
Mayor Trevino asked the City Secretary to call on those who completed a public meeting
appearance form to speak during the public hearing. There being no forms submitted,
Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to
come forward. There being no one wishing to speak, Mayor Trevino closed the public
hearing.
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY
COUNCIL MEMBER TURNAGE TO APPROVE ORDINANCE NO. 3571.
MOTION TO APPROVE CARRIED 6-0.
C.2 CONDUCT PUBLIC HEARING AND CONSIDER RESOLUTION NO. 2019-016,
ADOPTING THE 45TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.
APPROVED
Mayor Trevino opened the public hearing and called on Director of Public Works
Caroline Waggoner to introduce the item.
Ms. Waggoner informed Council the purpose of the request is to receive public comment
regarding the 45th Program Year Community Development Block Grant Program
(CDBG). The City of North Richland Hills has been designated by the United States
Department of Housing and Urban Development (HUD) to receive direct entitlement of
CDBG funds. In 1996, the City Council accepted the designation and entered into an
agreement with Tarrant County for the administration of the CDBG program. Each year
the city is awarded an annual grant to assist with community development activities
(revitalization of neighborhoods, economic development, and provide public facilities for
low to moderate income persons). Projects may include construction or rehabilitation of
homes or basic infrastructure (water/sewer facilities and streets). Staff was informed
that the city will be awarded approximately $295,000. It is the recommendation of staff
that funds be applied to the reconstruction of approximately 1,180Iinear feet of sanitary
sewer line along Garwood Drive and 300 linear feet of sanitary sewer line along Circular
Drive. The existing sewer lines (6" clay tile) are experiencing ongoing issues due to pipe
March 04, 2019
City Council Meeting Minutes
Page 5 of 8
settlement in some areas. The proposed lines will be 8" pvc lines. Staff recommends
City Council approve Resolution No. 2019-016, adopting the 45th Year Community
Development Block Grant Program.
Mayor Trevino asked the City Secretary to call on those who completed a public meeting
appearance form to speak during the public hearing. There being no forms submitted,
Mayor Trevino asked if there was anyone in the audience wishing to speak on the item to
come forward. There being no one wishing to speak, Mayor Trevino closed the public
hearing.
A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL
MEMBER WRIGHT OUJESKY TO APPROVE RESOLUTION NO. 2019-016.
MOTION TO APPROVE CARRIED 6-0.
D. PLANNING AND DEVELOPMENT
There were no items for this category.
E. PUBLIC WORKS
There were no items for this category.
F. GENERAL ITEMS
F.1 RECEIVE THE FISCAL YEAR 2018 AUDITED FINANCIAL REPORT AND
FISCAL YEAR 2018 SINGLE AUDIT
RECEIVED
Director of Finance Mark Mills presented item and Lupe Garcia with Whitley Penn, LLP
presented the auditor opinion.
A MOTION WAS MADE BY COUNCIL MEMBER LOMBARD, SECONDED BY COUNCIL
MEMBER TURNAGE TO RECEIVE THE FISCAL YEAR 2018 AUDITED FINANCIAL
REPORT AND FISCAL YEAR 2018 SINGLE AUDIT AS PRESENTED.
MOTION TO APPROVE CARRIED 6-0.
F.2 AUTHORIZE THE CITY MANAGER TO SIGN A THREE-YEAR RENEWAL
AGREEMENT WITH CENTURY LINK FOR PHONE, INTERNET AND A
DISASTER RECOVERY LINE IN AN AMOUNT NOT TO EXCEED $148,000
ANNUALLY, USING A COOPERATIVE PURCHASING AGREEMENT.
March 04, 2019
City Council Meeting Minutes
Page 6 of 8
APPROVED
Director of Information Technology Kyle Spooner presented item.
Council had no questions for staff.
A MOTION WAS MADE BY MAYOR PRO TEM BENTON, SECONDED BY COUNCIL
MEMBER WRIGHT OUJESKY TO APPROVE ITEM F.2.
MOTION TO APPROVE CARRIED 6-0.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION
AGENDA
APPROVED
Mayor Trevino announced that action is necessary as the result of Executive Session.
City Manager Mark Hindman informed City Council the city owns property (4.3 acres)
located west of the NRH Centre and library. The property was planned to be the location
of the Tarrant County College performing arts center. City staff has been made aware
that Tarrant County College prefers to have the facility on their property. After evaluating
various options, staff proposes a land swap purchase with Arcadia. The agreement is for
a direct exchange acre per acre, plus appraised value of the property based on square
footage. The proposed property is 2.8 acres and is located east of Stormy Plaza,
adjacent to the library and Kroger. The property currently owned by the city was
recently rezoned to allow a combination of apartments and townhomes, not to exceed the
number of apartments allowed in the Town Center zoning district. The property currently
owned by Arcadia has been rezoned to allow various types of commercial development,
including a hotel. Staff proposes exchanging these two properties on a square foot per
square foot basis, plus a cash payment from Arcadia to the city to compensate for the
difference of 1.5 acres.
A MOTION WAS MADE BY COUNCIL MEMBER WELCH, SECONDED BY COUNCIL
MEMBER RODRIGUEZ TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN
EARNEST MONEY AND LAND EXCHANGE AGREEEMENT WITH ARCADIA LAND
PARTNERS 25 LTD FOR 4.311 ACRES LOCATED AT 9000 HAWK AVENUE FOR A
COMBINED LAND EXCHANGE AND CASH PAYMENT TOTAL VALUE OF $1,125,000,
AND TO EXECUTE ANY ASSOCIATED DOCUMENTS NECESSARY TO EFFECT THE SALE.
MOTION TO APPROVE CARRIED 6-0.
March 04, 2019
City Council Meeting Minutes
Page 7 of 8
H. INFORMATION AND REPORTS - COUNCIL MEMBER WRIGHT OUJESKY
HA ANNOUNCEMENTS
Council member Wright Oujesky made the following announcements.
Mark your calendar for the Mayor's 5K Run & Walk on Saturday, April 6 starting at 9:00
a.m. at the NRH Centre. The cost is $10.00 per person, which includes a t-shirt. Please
visit our website to sign up and get more information.
The annual bunny & bear drive benefiting Cook Children's Medical Center will be held
March 18 through April 10. Help us bring joy to children who are in the hospital by
donating a new stuffed animal. Donations will be accepted in the lobby of City Hall, the
NRH Centre, NRH Library and Richland Tennis Center.
Kudos Korner - Amy Teets in the Police Department - Amy noticed a vehicle broken
down on the Loop 820 access road and stopped to offer assistance. After learning that
the radiator hose was broken, she went out of her way to take the driver to a few auto
parts stores until they located one that was open. Amy purchased the hose and assisted
the driver in getting the vehicle operational again. Amy exemplifies the city's core value of
service and is to be commended for going above and beyond in assisting this motorist.
I. ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:28 p.m.
Oscar Trevino, Mayor
Alicia Richardson, City Secretary
March 04, 2019
City Council Meeting Minutes
Page 8 of 8
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NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
From: The Office of the City Manager Date: March 25, 2019
Subject: Authorize the City Manager to execute a professional services contract
with Kimley-Horn and Associates, Inc. for the NRH Active
Transportation Projects for Trail and On-Road Systems in the amount
of$113,500.
Presenter: Joe Pack, Senior Park Planner
Summary:
City Council is being asked to authorize the City Manager to execute a professional
services contract with Kimley-Horn and Associates, Inc., in the amount of $113,500, for
professional services related to the NRH Active Transportation Projects for Trail and On-
Road Systems.
Partial funding is being provided by the Transportation Alternatives Set Aside Program
grant, and the project will be overseen by both the Federal Highway Administration
(FHWA) and the Texas Department of Transportation (TxDOT). The city's contribution
towards the funding of this project will be 20% of the total project cost, plus any
applicable overruns.
General Description:
This project advances the City Council goals of maintaining an Efficient & Effective
Transportation System and improving Safety & Security for pedestrians and bicyclists.
The project provides on-road and intersection safety improvements in order to connect
the city's off-road trails to schools, businesses and mass transportation centers using
the on-road transportation system. The project also serves to provide safety by
providing 911 emergency signage along all of the city's off-road trails at 1/4 mile
intervals.
The objective of this project is to design pedestrian and bicycle improvements
throughout the city to include the following project areas:
1 . Install rectangular rapid flashing beacons at the John Barfield Trail crossings at
Rumfield Road and Kirk Lane and the JoAnn Johnson Trail at Rufe Snow.
2. Provide high visibility crossings at both Londonderry and Bursey Road, and at
Iron Horse Boulevard and Mid-Cities Boulevard.
3. Provide Cotton Belt Trail crossing at Precinct Line Road north of Glade Road.
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NORTH RICHLAND HILLS
4. Provide pedestrian connection from the Cotton Belt Trail to Mid Cities Boulevard
along Iron Horse Boulevard.
5. Install bicycle boulevards on Buckingham, Chapman, Graham Ranch
neighborhood, Hightower, Douglas, Waterford, Londonderry and Valley.
6. Install emergency 911 emergency response signage along John Barfield,
Calloway Branch, Cotton Belt, Walkers Creek, North Electric, JoAnn Johnson
and Randy Moresi trails.
The city issued a request for qualifications to select the design team most closely
aligned with successful planning, development and execution of this project. One
response was received on October 16, 2018 from Kimley-Horn Associates, Inc.
In accordance with city policy, an evaluation committee comprised of Principal Planner
Clayton Husband, Public Works Operations Manager Boe Blankenship, Public Works
Civil Engineer Justin Naylor, Senior Park Planner Joe Pack, and Park Planner Michael
Wilson evaluated the proposal and met with representatives from Kimley-Horn for a
formal interview on December 5, 2018. The formal interview was formatted to allow
Kimley-Horn's project team the opportunity to communicate their experience with active
transportation projects, their resources to complete the work and their references with
similar projects.
After reviewing information gathered in Kimley-Horn's written proposal and interview,
the selection committee agreed that Kimley-Horn was uniquely qualified for the project,
given their experience working on federal grant projects and projects of similar scope.
The professional services agreement with Kimley-Horn Associates, Inc. includes the
following services:
• Design Management;
• Concept, Preliminary and Final Design;
• Environmental Clearance Services;
• Construction Phase Services;
• Topographic Survey;
• Texas Department of Licensing and Regulation Permitting.
The agreement also includes special services for:
• Subsurface utility engineering services;
• Geotechnical engineering services.
The cost for all basic services represents approximately 12% of the anticipated total
project cost. Kimley Horn recently completed similar federally funded projects in
Burleson, Fort Worth, Hurst, and Haltom City. Funding for the city's contribution towards
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NORTH RICHLAND HILLS
this grant project was included in the FY 18-19 Adopted Capital Budget as (PK1806)
Trail and On-Road Safety Projects.
Recommendation:
Authorize the City Manager to execute a professional services contract with Kimley-
Horn and Associates, Inc. for the NRH Active Transportation Projects for Trail and On-
Road Systems in the amount of$113,500.
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE
CITY OF NORTH RICHLAND HILLS
AND
KIMLEY-HORN AND ASSOCIATES, INC.
1.
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 Kimley-Horn and Associates, Inc., a
Texas corporation, acting by and through Jeff James; its duly authorized Principal
(hereinafter called "ENGINEER").
WITNESSETH, that CITY desires professional engineering services in connection with the
NRH Active Transportation Projects for Trail/On-Road.
NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and
agreements herein contained, do mutually agree as follows:
II. PROJECT
In this Agreement, the "PROJECT" means the engineering design of the NRH Active
Transportation Projects for Trail/On-Road in accordance with the Public Works Design
Manual, MLITCD, AASHTO, and applicable CITY, STATE, and FEDERAL codes, regulations
and standards. This project shall fully comply with Title VI of The Civil Rights Act of 1964,
specifically, "No person in the United States shall, on the ground of race, color, or national
origin, be excluded from participation in, be denied the benefits of or be subjected to
discrimination under an program or activity receiving Federal financial assistance."
III. BASIC AGREEMENT
ENGINEER is an independent contractor and undertakes and agrees to perform
professional engineering services in connection with the PROJECT, as stated in the
sections to follow. It is understood and agreed that ENGINEER is not and will not by
virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not
be entitled to direct the performance by ENGINEER' employees or subcontractors
of the tasks contemplated by this contract. All engineering services shall be performed
with diligence and in accordance with professional standards customarily obtained for such
services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER
as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation".
IV. SCOPE OF ENGINEER'S SERVICES
ENGINEER shall render the professional services necessary for development of the
PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed
in Exhibit B: "Basic Engineering Services", said exhibits being attached hereto
and incorporated herein for all purposes. ENGINEER shall be responsible, to the level
of competency presently maintained by other practicing professional engineers in the
same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical
soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work
and materials furnished under this Agreement.
V. SPECIAL ENGINEERING SERVICES
The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit
C: "Special Engineering Services", attached hereto and made a part of this Agreement.
VI. ADDITIONAL ENGINEERING SERVICES
The CITY will pay the ENGINEER for Additional Engineering Services as indicated in
Exhibit D: "Additional Engineering Services", attached hereto and made a part of this
Agreement.
VII. SCOPE OF CITY SERVICES
The City will furnish items and perform those services as identified in Exhibit E: "Services
to be provided by the City", attached hereto and made a part of this Agreement.
VIII. COMPENSATION
A. 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 ONE-HUNDRED, THIRTEEN-THOUSAND, FIVE-HUNDRED
DOLLARS ($113,500).
C. CITY may authorize additional services to be provided by ENGINEER as mutually
agreed upon by the parties. Any authorization for additional services shall be given to
ENGINEER by CITY in writing and approved by CITY.
D. CITY and ENGINEER understand that the variables in ENGINEER's cost of
performance may fluctuate. The parties agree that any fluctuation in
ENGINEER's costs will in no way alter ENGINEER's obligations under this
Agreement nor excuse performance or delay on ENGINEER's part.
IX. OWNERSHIP OF DOCUMENTS
All completed or partially completed evaluations, reports, surveys, designs, drawings and
specifications prepared or developed by ENGINEER under this Agreement,
2
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, TO THE EXTENT PROXIMATELY
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR
ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES
IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS
AGREEMENT.
Approval by CITY of contract documents shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents,
employees and subconsultants, for the accuracy and competency of the
services performed under this Agreement, including but not limited to
evaluations, reports, surveys, designs, working drawings and specifications, and
other engineering documents. Approval by CITY shall not be deemed to be an
assumption of such responsibility and liability by CITY for any error, omission,
defect, deficiency or negligence in the performance of ENGINEER's professional
services or in the preparation of the evaluations, reports, surveys, designs, working
drawings and specifications or other engineering documents by ENGINEER, its
officers, agents, employees and subconsultants, it being the intent of the parties
that approval b CITY Si rifles CITI's approval, of only the general design
pp y g° pp 'r g 5"
concept of the improvements to be constructed.
In this connection, ENGINEER and its subconsultants shall indemnify and hold
CITY and all of its officers, agents, servants, and employees harmless from any loss,
damage, liability or expenses, on account of damage to property and injuries,
including death, to any and all persons, including but not limited to officers,
agents or employees of ENGINEER or its subconsultants, and all other persons
performing any part of the work and improvements, which may arise out of any
negligent act, error, or omission in the performance of ENGINEER's
professional services or in the preparation of evaluations, reports, surveys,
designs, working drawings, specifications and other engineering documents
incorporated into any improvements constructed in accordance therewith;
ENGINEER shall defend at its own expense any suits or other proceedings brought
against CITY and its officers, agents, servants and employees or any of them on
account of the foregoing described negligent acts, errors or omissions, and shall
pay all expenses and satisfy all judgments which maybe incurred by or rendered
against CITY, its officers, agents, servants and employees or any of them, in
connection with the foregoing described negligent acts, errors, or omissions;
provided and except however, that this indemnification provision shall not be
construed as requiring
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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. INSURANGE
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 Combined $ 100,000 each occurrence; or
Single Limit $ 1,000,000 aggregate
C. Comprehensive Automobile Liability:
Bodily Injury $ 500,000 per person, or
$ 1,000,000 per occurrence; and
Property Damage Combined $ 100,000 each occurrence; or
Single Limit $ 1,000,000 aggregate
D. Professional Liability:
Errors and Omissions $1,000,000
The Certificate of Insurance shall contain a provision that such insurance cannot be
canceled or modified without thirty (30) days prior written notice to CITY.
XII. ARBITRATION
No arbitration arising out of or relating to this Agreement shall occur without both parties'
written approval.
X111. 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, upon fifteen (15) days written notice. Either CITY or
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ENGINEER may terminate this Agreement immediately in the event the other party
fails to perform in accordance with the provisions of this Agreement, if such failure is
not cured within ten (10) days from the date of the notice, or longer cure period if the
parties mutually agree.
B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay
ENGINEER a reasonable amount for services performed prior to such termination, which
payment shall be based upon the payroll cost of employees engaged on the work by
ENGINEER up to the date of termination of this Agreement and for subcontract and
reproduction in accordance with the method of compensation stated in Section VIII:
"Compensation" hereof. In the event of termination, the amount paid shall not exceed the
amount appropriate for the percentage of work completed.
XIV. SUCCESSORS AND ASSIGNS
CITY and ENGINEER each bind themselves and their successors, executors, administrators
and assigns to the other party of this Agreement and to the successors, executors, administrators
and assigns of such other party in respect to all covenants of this Agreement; except as above,
neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without
the written consent of the other. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of CITY.
XV. AUTHORIZATION, PROGRESS, AND COMPLETION
CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance
with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof.
ENGINEER shall employ manpower and other resources and use professional skill and diligence
to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting
from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may
modify the Project Schedule during the course of the PROJECT and if such modifications affect
ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval.
For Additional Engineering Services, the authorization by CITY shall be in writing and shall
include the definition of the services to be provided, the schedule for commencing and completing
the services and the basis for compensation as agreed upon by CITY and ENGINEER.
It is understood that this Agreement contemplates the full and complete Engineering services
for this PROJECT including any and all services necessary to complete the work as outlined in
Exhibit B: "Basic Engineering Services". Nothing contained herein
5
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° Project Location Map
Exhibit "H" Conflict of Interest Questionnaire
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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 losing party shall pay the prevailing party
such reasonable amounts for fees, costs and expenses as may be set by the court.
C. Notices. Any notice or correspondence required under this Agreement shall be sent by
certified mail, return receipt requested, or by personal delivery and shall be effective upon
receipt, if addressed to the party receiving the notice or correspondence at the following
address:
If to ENGINEER:
Kimley-Horn and Associates, Inc.
Attn: Scott R. Arnold, P.E.
801 Cherry Street, Unit 11
Suite 1300
Fort Worth, Texas 76102
If to CITY:
City of North Richland Hills
Attn: Mr. Michael Wilson, PLA Park
Planner
4301 City Point Drive
North Richland Hills, Texas 76180
D. Independent Contractor. ENGINEER shall perform services hereunder as an independent
contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER
shall have the exclusive right to control services performed hereunder by ENGINEER, and
all persons performing same, and shall be responsible forthe 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,
f
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.
K Assignment. CITY and ENGINEER each bind themselves, their heirs, successors
and assigns, to the other party to this Agreement and to the successors and assigns
of each other party in respect to all covenants of this Agreement. This Agreement is
not to be assigned, sublet or transferred, in whole or in part, by either CITY or
ENGINEER without the prior written consent of the other party.
I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has
made full disclosure in writing of any existing conflicts of interest or potential conflicts
of interest, including personal financial interests, direct or indirect, in property abutting
the PROJECT and business relationships with abutting property owners. ENGINEER
further warrants that it will make disclosures of any conflicts of interest which develop
subsequent to the signing of this Agreement and prior to final payment under this
agreement.
8
I
This Agreement is executed in two (2) counterparts.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the
day of , 20
1
CITY OF NORTH RICHLAND HILLS KIMLEY-HORN AND
(CITY) ASSOCIATES, INC.
(ENGINEER)
By: By: &, try
Mark Hindman, City Manager Scott Arnold, Assistant Secretary
Date: Date: t t-0
0e1-011
ATTEST: ATTEST:
Alicia Richardson, City Secretary Notary ublic and for the State of Texas
``��PNy p`B, VICKY BREWER
ko,` '<, Notary Public, State of Texas
°'At•, ':` Comm, Expires 05.16-2022
6 F, �� Notary ID 729621969 Type or Prinj Notary's Name
APPROVED AS TO FORM AND LEGALITY: My Commission Expires:
Maleshia B. McGinnis, City Attorney
NRH Council Action Y / N
Date Approved
Agenda No.
Ord /Res No.
i
9
EXHIBIT A
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EXHIBIT B
12
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Exhibit B
Basic Engineering Services
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly
define the work to be performed and address the needs of the Project.
OBJECTIVE
The objective of this project is to design pedestrian and bicycle improvements
throughout the CiTY as shown in Exhibit G. Specific project areas are listed below:
• P1 — Rectangular Rapid Flashing Beacons at the Following Locations:
o John Barfield Trail and Rumfield Road
o John Barfield Trail and Kirk Lane
• P2— High Visibility Crossing at Londonberry Street and Bursey Drive
• P3— Cotton Belt Connection at Precinct Line
• P4—High Visibility Crossing at Iron Horse Boulevard and Mid Cities Boulevard
• P5— Pedestrian Connection at iron Horse Boulevard
• P6 through 11 — Bicycle Boulevards at the Following Locations:
• Buckingham Street
• Chapman Road
• Graham Ranch Neighborhood
• Hightower Road
• Douglas Lane
• Waterford Lane, Londonberry Street, and Continental Trail
P12— Emergency Sign Locations
Work under this agreement includes, but is not limited to, project management,
topographic survey, conceptual design, preliminary and final design, and limited
construction phase services.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design (30%)
Task 3. Preliminary Design (60%)
Task 4. Final Design (90% and 100%)
Task 5. Environmental Clearance Services
Task 6. Construction Phase Services
Task 7. Topographic Survey Services
Task 8. TDLR Permitting
TASK 1. DESIGN MANAGEMENT
ENGINEER will manage the work outlined in this scope to ensure efficient and
effective use of ENGINEER's and CITY's time and resources. ENGINEER will
Page 1 of 10
13
manage change, communicate effectively, coordinate internally and externally as
needed, and proactively address issues with the CITY's Project Manager and others
as necessary to make progress on the work.
1.1. Managing the Team:
• Lead, manage, and direct design team activities
• Ensure Quality Control / Quality Assurance (QC/QA) is practiced in
performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting:
• Attend a pre-design project kickoff/charter meeting with CITY and TxDOT
staff to confirm and clarify scope, understand CITY objectives, and ensure
economical and functional designs that meet CITY requirements.
• Attend two (2) field meetings with CITY representatives prior to the 30% and
90% submittals.
• Conduct and document monthly project update meetings with CITY Project
Manager and CITY staff.
• Conduct review meetings with CITY and TxDOT at the end of each design
phase.
• Conduct QC/QA reviews and document those activities.
• Prepare and submit monthly invoices in the format requested by the CITY.
• Prepare and submit monthly project status reports in the format provided by
CITY.
• Prepare and submit a baseline project schedule initially, and project
schedule updates with a schedule narrative monthly.
• Coordinate with other agencies and entities as necessary for the design of
the proposed infrastructure and provide and obtain information needed to
prepare the design.
• With respect to coordination with permitting authorities, the ENGINEER
shall communicate with permitting authorities such that their regulatory
requirements are appropriately reflected in the designs. ENGINEER shall
work with regulatory authorities to obtain approval of the designs, and make
changes necessary to meet their requirements, as part of the design scope.
ASSUMPTIONS
• One (1) pre-design project kickoff/chartering meeting
• Two (2) field review meetings
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14
• Nine (9) monthly project update meetings during design phase
• Two (2) plan review meetings
• Project design phase is estimated to be nine (9) months
• Project construction phase is estimated to be six (6) months
• Fifteen (15) monthly updates of project status reports and project schedule
DELIVERABLES
• Meeting summaries with action items
• Baseline project design schedule
• Monthly schedule updates with schedule narrative describing any current
or anticipated schedule changes
• Monthly project status reports
• Monthly invoices
TASK 2. CONCEPTUAL DESIGN (30 PERCENT)
The Conceptual Design shall be submitted to the CITY per the approved Project
Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept
that successfully addresses the design problem, and to obtain the CITY's
endorsement of this concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
• In addition to data obtained from the CITY, the ENGINEER will research
and make efforts to obtain pertinent information to aid in coordination of the
proposed improvements with any planned future improvements that may
influence the project. ENGINEER will also identify and seek to obtain data
for existing conditions that may impact the project including; utilities,
agencies (CITY, TxDOT, etc), CITY Master Plans, and property ownership
as available from the County Tax Assessor's office.
• The ENGINEER will consult with the CITY's Public Works Department,
public utilities, private utilities, private utilities and government agencies to
determine the approximate location of above and underground utilities, and
other facilities (current and future) that have an impact or influence on the
project.
2.2. Utility Clearance
• ENGINEER will develop the design of CITY facilities to avoid or minimize
conflicts with existing utilities, and where known and possible consider
potential future utilities in designs. Where conflicts cannot be avoided,
coordination of Utility Conflicts will begin at the Conceptual Design phase.
Page 3 of 10
15
• In the case of a public utility conflict, the ENGINEER will design CITY
facilities to avoid or minimize conflicts with existing utilities, and where
known and possible consider potential future utilities in designs.
2.3. The Conceptual Design Package shall include the following:
• Preliminary cover and index of sheets including project limits, area location
map and beginning and end station limits.
• Quantity Summary page.
• Existing topography of the project area along with proposed typical sections
which outline the proposed improvements. Typical sections shall include
existing ROW, existing and proposed curbs, sidewalks, and curb ramps.
• Conceptual plan and profile sheets showing existing and proposed
horizontal sidewalk alignments, existing and proposed ROW, existing and
proposed drainage structures, and CITY owned and franchise utilities.
• Conceptual plan sheets showing proposed bicycle boulevards, high visibility
crossings, and emergency sign locations.
• Documentation of key design decisions.
• Opinion of probable construction cost (OPCC).
ASSUMPTIONS
• Three (3) sets of 11"x17" size plans will be delivered to CITY and TxDOT
for the 30% design.
• ENGINEER shall not proceed with Preliminary Design activities without
written approval by the CITY of the Conceptual Design Package.
DELIVERABLES
• Conceptual Design Package
• Applicable TxDOT LGPP checklists
TASK 3. PRELIMINARY DESIGN (60 PERCENT)
Preliminary plans and specifications shall be submitted to CITY per the approved
Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. The Preliminary Design Drawings and Specifications shall include the
following:
Preliminary cover and index of sheets including project limits, area location
map, and beginning and end station limits.
Page 4 of 10
16
• Quantity Summary page.
• Traffic Control Plan including all construction signage and pavement
markings which will be in accordance with the latest edition of the Texas
Manual on Uniform Traffic Control Devices.
• A Project Control Sheet, showing all Control Points, used or set while
gathering data. Generally, on a scale of not less than 1:400. The following
information shall be indicated for each Control Point: Identified (existing City
Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an
identified coordinate system, and a referred bearing base. Z coordinate on
City Datum only; descriptive location.
• Updated existing and proposed typical section sheets.
• Updated sidewalk plan sheets displaying station and coordinate data for all
horizontal alignment P.C.'s, P.T.'s, P.I.'s.
• No less than two bench marks plan/profile sheet.
• Bearings given on all proposed centerlines, or baselines.
• Sidewalk layout sheets including ROW lines, horizontal alignments, utilities,
curbs, sidewalks, driveways, and existing and proposed contours (0.25'
intervals).
• Preliminary roadway details to include curbs, curb expansion joints, curb
ramps, sidewalks, and pavement details.
• Layout plan sheets showing proposed bicycle boulevards, high visibility ;
crossings, and emergency sign locations.
• Documentation of key design decisions.
• OPCC.
3.2. Constructability Review
• Prior to the 60 percent review meeting with the CITY and TxDOT, the
ENGINEER shall schedule and attend a project site visit with the CITY
Project Manager and City staff to walk the project. The ENGINEER shall
summarize the comments from the field visit and submit this information to
the CITY and TxDOT in writing.
ASSUMPTIONS
• Three (3) sets of 11"x17" size plans will be delivered to CITY and TxDOT
for the 60% design for review coordination.
• ENGINEER shall not proceed with Final Design activities without written
approval by the CITY and TxDOT of the Preliminary Design plans.
Page 5 of 10
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DELIVERABLES
• Preliminary Design drawings
• OPCC
• Applicable TxDOT LGPP checklists
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION
DOCUMENTS (100 PERCENT)
Upon approval of the Preliminary Design plans, ENGINEER will prepare Final
Construction plans as follows:
• Final draft construction plans (90%) including specifications shall be
submitted to CITY and TxDOT per the approved Project Schedule.
• Following a 90% construction plan review meeting with the CITY and
TxDOT, the ENGINEER shall submit Final Plans (100%) to the CITY and
TxDOT per the approved Project Schedule. Each plan sheet shall be
stamped, dated, and signed by the ENGINEER licensed in the State of
Texas.
• A Quantity Summary page will be included in both the 90% and 100%
design packages.
• The ENGINEER shall submit an OPCC with both the 90% and 100% design
packages. This estimate shall use standard TxDOT bid items.
ASSUMPTIONS
• Three (3) sets of 11"x1 T' size drawings will be delivered for the 90% Design
package.
• Three (3) sets of 11"x17" size drawings will be delivered for the 100%
Design package.
DELIVERABLES
• 90% construction plans
• 100% construction plans and applicable TxDOT letting forms and
documents
• Detailed OPCC including summaries of bid items and quantities using
TxDOT's standard bid items and format.
• Applicable TxDOT LGPP checklists
• Original 11"x17" size cover mylar for the signatures of authorized CITY
officials
Page 6 of 10
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TASK 5. ENVIRONMENTAL CLEARANCE SERVICES
The ENGINEER will complete the following tasks for the environmental clearance
process:
• Complete Scope Development Tool
• Complete Biological Evaluation Form
• Complete Water Resources Report/Review Package
• Complete Historic and Archeological Resources Study
• Respond to TxDOT comments on above-referenced documents and
appendices
The following studies are not included in the scope of services and are not anticipated
to be required for this proposed project:
• Noise modeling
• Air quality modeling/monitoring
• Hazardous materials report
• Presence/absence surveys for threatened and endangered species
• Aquatic resources delineation
• U.S. Army Corps of Engineers Permitting
• Pedestrian cultural resources survey
ASSUMPTIONS
• None
DELIVERABLES
• Scope Development Tool
• Biological Evaluation Form
• Water Resources Report/Review Package
• Historic and Archeological Resources Study
TASK 6. CONSTRUCTION PHASE SERVICES
ENGINEER will support the construction phase of the project as follows.
6.1. Construction Support
• The ENGINEER shall attend the preconstruction conference.
• Visits to Site and Observation of Construction. ENGINEER will make up to
four (4) visits as directed by CITY in order to observe the progress of the
work. Such observations will not be exhaustive or extend to every aspect
of Contractor's work. Observations will to be limited to spot checking,
selective measurement, and similar methods of general observation.
Based on information obtained during site visits, ENGINEER will evaluate
whether Contractor's work is generally proceeding in accordance with the
Page 7 of 10
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Contract Documents, and ENGINEER will keep CITY informed of the
general progress of the work.
ENGINEER will not supervise, direct, or have control over Contractor's
work, nor shall ENGINEER have authority to stop the Work or have
responsibility for the means, methods, techniques, equipment choice and
usage, schedules, or procedures of construction selected by Contractor, for
safety programs incident to Contractor's work, or for any failure of
Contractor to comply with any laws. ENGINEER does not guarantee the
performance of any Contractor and has no responsibility for Contractor's
failure to perform its work in accordance with the Contract Documents.
• Clarifications and Interpretations. ENGINEER will respond to reasonable and
appropriate Contractor requests for information and issue necessary
clarifications and interpretations of the Contract Documents. Any orders
authorizing variations from the Contract Documents will be made by CITY or
TxDOT.
• Shop Drawings and Samples. ENGINEER will review and approve or take
other appropriate action in respect to Shop Drawings and Samples and other
data which Contractor is required to submit, but only for conformance with
the information given in the Contract Documents. Such review and approvals
or other action will not extend to means, methods, techniques, equipment
choice and usage, schedules, or procedures of construction or to related
safety programs.
• Substantial Completion. ENGINEER will, after notice from Contractor that
it considers the Work ready for its intended use, in company with CITY, City,
TxDOT, and Contractor, conduct a site visit to determine if the Work is
substantially complete. Work will be considered substantially complete
following satisfactory completion of all items with the exception of those
identified on a final punch list.
• Final Notice of Acceptability of the Work. ENGINEER will conduct a final
site visit to determine if the completed Work of Contractor is generally in
accordance with the Contract Documents and the final punch list.
ASSUMPTIONS
• Four (4) site visits are assumed.
• Two (2) submittal reviews are assumed.
• Five (5) RFI's are assumed.
DELIVERABLES
• Response to Contractor's Request for Information
• Review of shop drawings
• Final Punch List items
Page 8 of 10
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TASK 7. TOPOGRAPHIC SURVEY SERVICES.
ENGINEER will provide survey support as follows.
7.1. Design Survey
• ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by ENGINEER in design and
preparation of plans for the project. Information gathered during the survey
shall include topographic data, elevations of all sanitary and adjacent storm
sewers, rim/invert elevations, location of buried utilities, structures, trees
(measure caliper, identify overall canopy, and have qualified arborist
identify species of trees), and other features relevant to the final plan
sheets. Existing drainage at intersections will be verified by field surveys.
Spot elevations will be shown on intersection layouts with cross slope to fit
intersecting grade lines.
• The minimum survey information to be provided on the plans shall include
the following:
— A Project Control Sheet, showing ALL Control Points, used or set
while gathering data. Generally, on a scale of not less than 1:400:
— The following information about each Control Point;
a. Identified (Existing. City Monument#8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on City Datum only.
c. Descriptive Location.
— Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the
same coordinate system, as the Control
— No less than two horizontal bench marks, per line or location.
— Bearings given on all proposed centerlines, or baselines.
— Station equations relating utilities to paving, when appropriate.
7.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property, the ENGINEER shall prepare, mail and obtain
Temporary Right of Entry from landowners.
ASSUMPTIONS
• Topographic survey will only be collected for Projects 1, 4, and 5.
DELIVERABLES
• Drawing of the project layout with dimensions and coordinate list
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TASK 8. TDLR PERMITTING
ENGINEER will provide permitting support for the CITY to obtain any and all
agreements and/or permits normally required for a project of this size and type, as
follows:
8.1. Texas Department of Licensing and Regulation (TDLR)
• Identify and analyze the requirements of the Texas Architectural Barriers
Act, Chapter 68 Texas Administrative Code, and become familiar with the
governmental authorities having jurisdiction to approve the design of the
Project.
• ENGINEER is responsible for providing plans that are in compliance with
TDLR requirements.
• Submit construction documents to the TDLR.
• Completing all TDLR forms/applications necessary.
• Obtain the Notice of Substantial Compliance from the TDLR.
• Request an inspection from TDLR or a TDLR locally approved Registered
Accessibility Specialist no later than 30 calendar days after construction
substantial completion. Advise the CITY in writing of the results of the
inspection.
• Responding to agency comments and requests.
• All costs associated with TDLR plan review and inspections are to be paid
by the ENGINEER during the course of the project.
ASSUMPTIONS
• Permit preparation will begin after approval of the Final Design.
• One (1) on-site meeting for the final TDLR inspection is assumed.
DELIVERABLES
A. Copies of Permit Applications
B. Copies of Approved Permits
Page 10 of 10
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EXHIBIT C
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Exhibit C
Special Engineering Services
Task 9. Subsurface Utility Engineering Services
Provide Subsurface Utility Engineering (SUE)to Quality Level D, C, and B as described below.
The SUE shall be performed in accordance with CI/ASCE 38-02. SUE will only be collected
for the northeast and southeast corners of the intersection of Iron Horse Boulevard and Mid
Cities Boulevard.
Quality Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.),to help identify utility owners that may
have facilities within the project limits or that may be affected by the project.
• Collect applicable records (e.g,, utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities.
• Review records for: evidence or indication of additional available records; duplicate
or conflicting information; need for clarification.
• Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve conflicting information. For
information depicted, indicate: utility type and ownership; date of depiction; quality
level(s); end points of any utility data; line status (e.g., active, abandoned, out of
service); line size and condition; number of jointly buried cables; and encasement.
Quality Level C (includes tasks as described for Quality Level D)
• Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground-mounted utility facilities in
Quality Level C tasks.
• Survey surface features of subsurface utility facilities or systems, if such features
have not already been surveyed by a professional surveyor. If previously
surveyed, check survey data for accuracy and completeness.
• The survey shall also include (in addition to subsurface utility features visible at the
ground surface): determination of invert elevations of any manholes and vaults;
sketches showing interior dimensions and line connections of such manholes and
vaults; any surface markings denoting subsurface utilities, furnished by utility
owners for design purposes.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
Page 1 of 2
24
• Update (or prepare) plan sheets, electronic files, and/or other documents to reflect
the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide the
overhead utility information on the SUE plan sheets.
Level B (includes tasks as described for Quality Level C)
• Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits, and/or to trace a particular utility
line or system.
• Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for
marking of lines.
• Unless otherwise directed, mark centerline of single-conduit lines, and outside
edges of multi-conduit systems.
• Resolve differences between designated utilities and utility records and surveyed
appurtenances.
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
• As an alternative to the physical marking of lines, the ENGINEER may, with CITY's
approval, utilize other means of data collection, storage, retrieval, and reduction,
that enables the correlation of surface geophysical data to the project's survey
control.
ASSUMPTIONS
• SUE will only be collected for the northeast and southeast corners of the
intersection of Iron Horse Boulevard and Mid Cities Boulevard.
DELIVERABLES
A. SUE plan drawings sealed by a professional engineer licensed in the State of
Texas.
Task 10. Geotechnical Engineering
Geotechnical Investigation/Pavement Design
• Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions
will be made. In addition to the above investigations, borings and
appropriate field and laboratory analysis will be made at reasonable
intervals along the project alignment (Iron Horse sidewalk) for the
Contractor's use in determining soil conditions for preparing bids.
Page 2 of 2
25
EXHIBIT D
26
Exhibit D
Additional Engineering Services
CITY and ENGINEER agree that the following services are beyond the Scope of
Services described in the tasks above. However, ENGINEER can provide these
services, if needed, upon the CITY's written request. Any additional amounts paid to
the ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Construction management and inspection services.
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
• Additional environmental services including:
o Noise modeling
o Air quality modeling/monitoring
• Hazardous materials report
• Presence/absence surveys for threatened and endangered species
• Aquatic resources delineation
• U.S. Army Corps of Engineers Permitting
• Pedestrian cultural resources survey
Page 1 of 1
27
EXHIBIT E
28
Exhibit E
Service to be Provided by the City
The CITY shall provide the following:
- Available as-built plans, reports, and other project related documents for the
various project areas.
- The CITY will provide plan reviews during the course of the project.
Page 1 of 1
29
EXHIBIT F
30
Exhibit F
Compensation
ENGINEER will perform the services in Tasks 1 — 10 for the total lump sum fee below.
Individual task amounts are informational only. All permitting, application, and similar
project fees will be paid directly by the CITY.
Basic Services
Task 1 Design Management $11,000.00
Task 2 Conceptual Design (30%) $20,000.00
Task 3 Preliminary Design (60%) $27,000.00
Task 4 Final Design (90% and 100%) $20,000.00
Task 5 Environmental Clearance Services $11,350.00
Task 6 Construction Phase Services $ 7,000.00
Task 7 Topographic Surrey Services $ 8,000.00
Task 8 TDLR Permitting $ 1,000.00
Special Services
Task 9 SUE $5,650.00
Task 10 Geotechnical Engineering $2,500.00
Total Lump Sum Fee $113,500.00
Lump sum fees will be invoiced monthly based upon the overall percentage of services
performed.
Page 1 of 1
31
4
EXHIBIT G
32
EXHIBITG: PROJECT LOCATION
I
PROJECT LIST
PY INSTALL PAIRS OF RREBSO/ipp„ _...-... .-......,�_ .
P2 HIGH VIS CROSSING (LONDONDERRY AT BURSEY) %/%%%//O%%%%i/
P3 IMPROVE EXISTING VELOWEB CONNECTION if
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(COTTON BELT AT PRECINCT LINE)
P2
PSI HIGH VIS CROSSING (IRON HORSE AT MID CITIES)
•• H'I1
P5 PEDESTRIAN CONNECTION (IRON HORSE) ...- / (1
P6 flOTI l snug r a IW Pj(l(jW Il)h)
„ PI
/ CONNECTION TO BE
P7 RICYC,LIE BOULEVARD (CHAPMAN) -� IMPLEMENTED IN r ' P3
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u/n. 33
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EXHIBIT H
34
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor
jJ Name of vendor who has a business relationship with local governmental entity.
Kimley-Horn and Associates, Inc.
2
Checkthis box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
F-1
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
N/A
Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes F-1 No N/A
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes No N/A
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
N/A
6
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
° 1 /fit: 10/95/2018
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
CERTIFICATE OF INTERESTED PARTIES FORM 1295
tell
Complete Nos, 1-4 and 6 if there are interested parties, OFFICE USE ONLY
Complete Nos, 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-456977
Kimley-Horn and Associates, Inc.
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02125/2019
being filed.
City of North Richland Hills,Texas Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
NRH Active Transportation
NRH Active Transportation Project For Rail/On-Road
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Wilson, Mark Dallas,TX United States X
Schiller, Mike Dallas,TX United States X
Peed, Brooks Dallas,TX United States X
Atz,John Dallas,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Sarah Meza and my date of birth is
My address is 13455 Noel Road Dallas TX _ 75240 US
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct,
Executed in Dallas County, state of Texas on the 25thday of February 20 19
.-.,, (month) (year)
F
Signature of authorized agent of confiactirlig business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.28ab6150
Illq {C,rll�l�
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Part 1 : SOQ Cover Page
Solicitation Number: RFQ 19-005
Prime Provider: KIMLEY-HORN AND ASSOCIATES, INC.
The Prime Provider Firm certifies that the prime firm and all subprovider firms
perf orming engineering, architecture, or surveying services are registered or licensed
with the appropriate State Licensing Board (Texas Board of Professional Engineers,
Texas Board of Architectural Examiners, or Texas Board of Professional Land
Surveyors), and will maintain active status while completing any work authorizations
that may result from the contract, if awarded. 7
The Prime Provider Firm certifies that the prime firm and all subprovider firms are
registered, as required, with the Texas Secretary of State's office to do business in the
State of Texas with the legal firm name as indicated on this form and on the Project
Team Composition Form.
The Prime Provider Firm certifies that the individuals on the project team are currently
employed by either the prime provider firm or a subprovider firm that has been identified
as part of the team.
The Prime Provider Firm certifies that a Professional Engineer, registered or licensed Z
in Texas, will sign and seal the work to be performed on the contract.
The Prime Provider Firm certifies that it will perform at least 30 percent of the El
contracted work with its own work force.
The Prime Provider Firm certifies that neither the prime provider firm nor any of the Z
subprovider firms on the team are prohibited from entering into a contract with TxDOT as
a result of a financial interest as defined under Texas Govt Code Sec, 2261.252(b). (See
the Attachments Section of this submittal for a completed Conflict of Interest form.)
E-Verify Certification -The Prime Provider Firm certifies that for all contracts for
services, we will, to the extent permitted by law, utilize the U.S. Department of
Homeland Security's E-verify system to determine the eligibility of:
1) All persons employed by provider during the term of the contract to perform
duties within the State of Texas; and
2) All persons, including subcontractors, assigned by provider to perform work pursuant
to the contract.
CERTIFICATION:
With the signature below, you acknowledge and agree with the certification statements on this form.
I certify that the information in this proposal represents the knowledge and experience of me, my firm and
subproviders (if any).
Printed name of Provide Provider's Project Manager:SCOTT R. ARNOLD, P.E., PTOE, RAS, PMP
Prime Provider's Project Manager Signature: �fvaf o Date: 10/16/2018
Prime Provider's Applicable TBPE/TBAE/TBLS Firm Registration Number: 928
Project Manager's Email Address: scott.arnold @kimley-horn.com
Project Manager's Address: 801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102
Project Manager's Phone Number: 817.339.2247
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Part 2: Questions & Responses (Q&R)
Project Manager and Project Team Capability and Experience
SKiilllllls, OaIpaIUllliifines, and III; )(Ipeiriiieirnoe
F1Our Project Manager, Scott R.Arnold, P.E., PTOE, RAS, PIMP, is a Registered Texas
Professional Engineer and Registered Accessibility Specialist(RAS)with more than 16 years
of experience with traffic, pedestrian, and bicycle operations projects for both municipalities and
TxDOT. Scott is also TxDOT LGPP certified, which will help streamline the design and construction
of the City's project. His responsibilities include development of traffic control plans, signal design
and timing, pedestrian and bicycle facility design, street light design, and signing and pavement markings. Scott will
also serve as Task Lead for the following categories: 8.1.1, 8.3.1, and 9.1.1.
Sam Delmotte, P.E., Deputy Project Manager, is a municipal roadway engineer, and a registered
Texas Professional Engineer with seven years of experience designing and/or managing a wide
variety of projects in Texas, including roundabouts design, intersection improvements, railroad
crossings, and arterial reconstructions. Sam's areas of expertise for municipal design include public
u involvement, conceptual design and high-level planning, horizontal and vertical design, drainage,
jointing, pavement markings and signage, sidewalk design, traffic control, railroad crossings, and developing opinions of
probable construction cost.
C. Brian Shamburger, P.E., PTOE, Project QA/QC Manager, offers 23 years of experience,
specializing in municipal transportation engineering design and planning. His capabilities
encompass all facets of traffic engineering design, including traffic signal design, ITS and
communications design, intersection improvement modifications, and ADA/TDLR compliance. He
also has extensive experience in traffic engineering studies, including signal timing, speed and
safety, stop sign and traffic signal warrant, as well as the development of special event traffic management plans and
corridor and access management plans. Brian will also serve as the Task Lead for category 7.4.1.
Dana Shumard, P.E.,will lead the Route Studies, Schematic Design and Minor Roadway
Design tasks. She specializes in municipal urban roadway design and offers 16 years of relevant
"- experience. She has worked as a project manager and task manager on more than 60 miles of
municipal urban roadway projects in the Metroplex and is TxDOT LGPP certified. Dana will serve
as Task Lead for categories 3.1.1 and 4.1.1.
Carland Holstead, PWS, brings eight years of professional agency and consulting experience in
natural resources accompanied by a broad educational background. Carland provides expertise in
r
wetland determinations/delineations, threatened and endangered species compliance assessments,
and associated federal and local permitting. He provides expertise in writing and reviewing technical
31111,
reports pursuant to the National Environmental Policy Act (NEPA) for a wide variety of agencies and
performs analysis and map creation sing GIS software. Carland will serve as Task Lead for categories 2.3.1, 2.4.1,
2.6.1, and 2.12.1.
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Lynn Kiefer, PWS, has 28 years of experience conducting environmental studies and coordinating
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environmental permits related to transportation projects including extensive experience working
with the U.S.Army Corps of Engineers, state permitting agencies, and water management
Ir' districts. Lynn has completed numerous projects that involved endangered and threatened species
coordination and/or surveys and has been responsible for NEPA documents. Lynn will serve as
Task Lead for category 2.6.2.
Larry Clendenen, C.F., PWS, ISA CA has over 24 years of experience. Larry is a professional
wetland scientist, certified forester, ecologist, and an ISA Certified Arborist. Larry holds TxDOT
precertification in five categories, including Wetland Delineation, Nationwide Permits, 404 Individual
Permits, Protected Species Determination, and Biological Surveys. Larry's experience includes
NEPA development and support roles for numerous land development and infrastructure projects.
Larry will serve as the task lead for category 2.6.3
Kerry Miller, RE., has 33 years of experience serving as a project manager and task leader for
transportation planning, feasibility studies, schematics, public involvement, and roadway design.
He offers 14 years of experience as a TxDOT employee, having served as the former District
Advance Project Development Engineer for the TxDOT Dallas District. In this position, he was
responsible for the development of the District's Transportation Improvement Program (TIP) which
identified, evaluated, and ranked priorities for highway improvements. Kerry will serve as Task Lead for categories
2.7.1 and 2.14.1.
Kent Van Riper, REP, REPA, has 38 years of experience and specializes in environmental
,, �a assessment studies, contamination assessment and remediation, and asbestos management. He
� ` ,; has performed asbestos inspections and prepared abatement management plans for a variety
of facilities. Kent has conducted underground storage tank (UST) testing, sampling, removal,
�( n�r. and associated remediation. He also has extensive experience with permitting and regulatory
compliance and air quality and noise analyses. Kent will serve as the Task Lead for category
2.13.1.
Steve Galloway, P.E., CFM, LEEP AP, has 18 years of experience specializing in water resources
projects including floodplain reclamation, storm drainage and detention design, and drainage
master planning. His experience ranges from projects of less than an acre to hydrology studies
and plans involving watershed areas over 120,000 acres. Through this broad experience, he has
become an expert at understanding drainage projects from their original identification and funding
through their design and implementation. Steve has working knowledge of the FEMA process, including CLOMRs,
LOMRs, LOMR-Fs, and LOMAs. Steve will serve as Task Lead for categories 10.1.1 and 10.2.1.
Brian LaFoy, P.E., ENV SP, has over 25 years of design and construction experience on
a wide variety of infrastructure projects for both public and private agencies, as well as for
contractors. He has several years of experience as a project engineer and manager for a heavy
civil construction contractor working directly with state and local agencies, and over 20 years in
consulting engineering. He has extensive experience with pedestrian and multi-use trails, park and
recreational facilities, and open space projects. He has worked on projects including masterplans, park developments,
urban parks and open spaces, trail systems, complete streets, transit-oriented developments, and other urban
development projects. Brian will serve as Task Lead for category 11.1.1. qty 9��ry Ip pp� ry ry%
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Jianying (Jericho) Guo, PhD, P.E., has more than 18 years of experience in the design and
management of geotechnical and structural projects. He has a strong background and applicable
experience in plan preparation, specifications, AASHTO, ACI, AISC, ASCE, FHWA, as well as
TxDOT Bridge Design Manual, Bridge Detailing Manual, and Geotechnical Manual. Jericho will
serve as Task Lead for category 14.1.1.
Andy Dobbs, RPLS, has over 10 years of field and office surveying experience. A registered
RPLS, he is responsible for the reduction of raw field data, creation of deed sketches, and
preparation of various types of survey plats, including boundary, topographic, route, and accident
surveys. He has also been involved with the preparation of subdivision plats, local land planning
and zoning regulations, boundary calculations and analysis, subdivision lotting calculations, as-
built surveys, route surveys, water lines, and re-establishment of right-of-way's and easements. Andy will serve as
Task Lead for categories 15.1.1, 15.1.2, 15.1.3, and 15.2.1.
Tim Habenicht, RE, has worked in the civil engineering and civil construction fields for more
than 5 years. As a Project Manager for The Rios Group, Inc., Tim is responsible for managing
subsurface utility engineering (SUE) investigations for both public and private clients, preparation
and maintenance of project schedules, and interaction with client representatives. He has worked
as an engineer for hundreds of SUE projects throughout the state of Texas for various clients
G") PINt o11,aX ill, including the cities of Dallas, Fort Worth, and Plano. Tim will serve as Task Lead for category
18.2.1.
Ann Keen is a Senior Architectural Historian at Cox McLain. She brings 15 years of experience
in historical studies, including research, documentation, and regulatory compliance. Her
experience includes architectural and historic site surveys, National Register of Historic Places
(NRHP) eligibility evaluations and nominations, Historic American Buildings Survey (NABS) and
Historic American Engineering Record (HAER) documentation, preservation plans, conditions
MHAIN assessments, and archival research. Ann will serve as Task Lead categories 2.8.1 and 2.11.1.
Melissa (Missi) Green is a qualified professional archaeologist with Cox McLain. She has
over 39 years of experience in archaeological research and cultural resources management.
Her background is primarily in historic archaeology, emphasizing eighteenth-, nineteenth-,
and twentieth-century rural settings, but she also has experience in prehistoric excavations
and laboratory analyses. She has worked with numerous federal, state, and local agencies,
„A,,, engineering firms, and other commercial entities from the initial planning stages through report
production and final curation. Missi will serve as Task Lead for category 2.10.1.
Siva Pathivada, P.E., is a Senior Associate and Geotechnical Department Manager I in
Terracon's Dallas office. He has more than 17 years of engineering experience and is licensed
as a Professional Engineer in Texas (#103698) and pre-certified with the Texas Department of
Transportation (TxDOT) (Sequence#18476). His experience includes providing geotechnical
engineering consulting for multi-hundred million-dollar projects including major highways,
�� r retaining walls, commercial development and transmission structures. Mr. Pathivada has
experience with the TxDOT and North Tarrant Tollway Authority (NTTA) in Dallas county, Collin
county, Denton county, Kaufman county, Tarrant County, Rockwall county and Johnson county.
Siva will serve as Task Lead for geotechnical testing, category 14.2.1. qty 9��ry Ip pp� ry ry%
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.11111sadvaintaged IIItusiii irness I: irnteirpiriise (III) tll; p Co imirmilitiment
Kimley-Horn acknowledges this project has a DBE goal of 0%, However, we have partnered with DBE subconsultants
Cox I McLain Environmental Consulting, Inc. and The Rios Group, Inc. to support the historical/archeological and
subsurface utility engineering services under this contract.
Through corporate policies and philosophy, our firm actively seeks to encourage and promote the use of DBE firms.
We provide interested minority firms with the opportunity to serve as subconsultants on our teams and actively seek
to increase our large database of qualified DBE firms for use on future projects. Kimley-Horn has a long-standing
commitment to retaining minority firms to assist on projects, a fact demonstrated by the amounts Kimley-Horn has paid
to minority businesses:
Year Total Paid No. of DBE/MBE Firms Used
2017 $22.3 million 176
2016 $16.5 million 186
2015 $14.3 million 195
2014 $12.2 million 190
2013 $10.9 million 195
Approach to INoirthm Ill liiolhml111aind Ill4liillllll''s AcHve Firainspoirtadoin III for ""I and
f irn..11l' oaf Ill a6liilllliffles
Kimley-Horn has been involved with this project since 2017, and we are committed to helping the City achieve your
goals of completing all the project elements included in the TA Set-Aside Grant application within the timeframe the City
specified in the RFQ. Kimley-Horn assisted the City in developing costs associated with each of the proposed project
elements. These projects include high visibility pedestrian crossings, trail connections, bicycle boulevards, shared-use
paths, sidewalk extensions, wayfinding, and 911 emergency locator signage. The collaboration between the City and
Kimley-Horn that has already taken place to develop the limits and details of each project will save time during design.
The proposed project team is well versed in designing the elements included within this project. Scott, Sam, and Brian
were all integral members in helping develop the costs associated with each improvement location that was provided to
the City for the grant application. What this means for you is that they are well acquainted with the project already and
will not need additional coordination to begin design. Following the kick-off meeting, the Kimley-Horn team will be able to
begin collecting survey, geotechnical analysis, and traffic data as needed.
Outside the design elements, the most important part of the project is having a good working relationship with TxDOT
and understanding of the LGPP process. Scott R. Arnold, P.E., our proposed Project Manager, has worked with TxDOT
on many projects throughout his 16-year career and has great relationships with the Fort Worth District staff. He has
been precertified by TxDOT in category 9.1.1, Bicycle and Pedestrian Facility Development, since 2011 and is also
precertified in 7.2.1, 8.1.1, 8.2.1, 8.3.1, and 8.5.1. In the past five years,Kimley-Horn has managed ore than 15 LGPP
projects in the Fort Worth District, including bike and pedestrian paths, Safe Routes to School, wayfinding signage,
streetscape improvements, and a railroad wayside horn system. Regardless of the type of project being designed, the
LGPP process sets the guidelines and checklists that must be followed. Your consultant must be familiar with these for
your project to be a success. With Kimley-Horn, the City can be confident of receiving a quality product. Ip pp� ry ry%
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A great example of our relationship with TxDOT and understanding of pp99 J
the LGPP process was the City of Fort Worth Rid lea Urban Village
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Streetscape Improvements. This was one of Fort Worth's first LGPP b
projects, and they had very little knowledge of the LGPP process, so they
relied heavily on us throughout the project. We knew the TxDOT Area
Office staff very well from previous projects and were able to work hand-in-
hand with them throughout the project.
We have put together a strong and cohesive team to assist the City in Construction progress meeting with
making this a very successful project. This team offers unique qualities TxDOT and City staff for Ridglea
including: Streetscape Improvements
• A Project Manager who is LGPP certified
• A project team that has worked together for more than 16 years
• Great long-term working relationship with TxDOT Fort Worth District and North Tarrant Area Office staff(more
than 16 years)
• Extensive design experience with pedestrian and bicycle improvement projects and a Project Manager precertified
by TxDOT in this area
• Recent LGPP project experience in Safe Routes to School and other bike- and pedestrian-related projects
• A project team that includes accessibility specialists including the Project Manager who is a Registered
Accessibility Specialist.
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Kimley-Horn's team has extensive experience in Safe Routes to School, roadway, sidewalk, and other related
projects. We have included a sampling of our experience, as well as project references, below.
For the past 20 years, Kimley-Horn has assisted the City of Burleson
with more than 40 projects ranging from planning to design. One of these
projects specifically involved development of a hike-and-bike trail from
r one side of the City to the other to connect key destinations in Burleson.
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Kimley-Horn planned a holistic concept. As a first phase, the Kimley-Horn
�r riv v team focused on Summercrest Boulevard to increase pedestrian safety
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(with a focus on child safety) along this roadway,which leads to the City's
recreational center. The ultimate design of this facility was a sidewalk on the
west side and an eight-foot path on the east side. This project was unique in that the road was narrowed on the east
side to include the eight-foot side path.
To implement the entire project, Kimley-Horn assisted the City with applying for the Transportation Alternative
Program (TAP) grant to gain additional funding. The City received the grant and selected Kimley-Horn to design the
project. The project included sidewalk, curb ramps, trails, and pedestrian bridges to help connect the City's bike path
system and provide access to the City's recreation center. The construction of the project was completed in March
2018.
Team Members: Scott Arnold, P.E., PTOE, RAS, PMP, Dana Shumard, P.E.
Reference: Laura Melton, Director of Engineering Services I Imelton(o)burlesontx.com 1 817.426..y996�1'�7ry Ip pp� ry ry%
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PROFESSIONALEN8MNEERlN8 CONSULTANTSERYICES
R for NRA &c6ye Transportation Projects for Tr~U./OD'Ah@d
Kino|ey'Horn completed otnaetouape improvements within Ridg|ea
Urban Village. Improvements included stamped crosswalks, water
line relocations, traffic signal modifications, curb ramp and sidewalk,
and pavement markings and oignage This project involved extensive
stakeholder coordination with the local improvement district, property
owners, TxD[O'. and City Council. Through creative bidding, Kino|ey'
Hornbrokeoutthioprojeuttoabaoeinteroeutionp|uooevenaddiive
alternatives to provide flexibility to select projects, according to the City's budget. Kimley-Horn also provided extensive
construction phase services to assist the City with the LGPP required paperwork and audits.
Team Members Scott Arnold, PE . PT(}E. RA8. PIMP, Sam De|noo8e. PE . Dana 8hunoard. PE
Reference: Pahina Newton, Senior Planner 10173920000
The City of Fort Worth received a Safe Routes to School grant in 2017 to improve pedestrian access to four
elementary school campuses. The City selected Kimley-Horn to prepare design plans for the improvements and
aoo|ot the City with TxDOT's LGPP requirements from the planning phase to the completion of construction. The
improvements include new sidewalk, removal and replacement of non-compliant sidewalk, new curb ramps, signing
and striping improvements, and crosswalk improvements.
Team Members Scott Arnold, PE . PT0E. RA8. PIMP
Reference: Clint Hoover, P.E . 8E . Senior Professional Engineer 10173920573
Kimley-Horn assisted Bell Helicopter and the City of Hurst in designing Phase I of this project, which included
3,500 LF of roadway median enhancements to redefine Bell Helicopter's headquarters area.
Kimley-Horn assisted in the development of concepts and cost projections for inclusion in a Green Ribbon Grant
Funding application to TxDOT. The project was selected for funding, and Kimley-Horn worked with stakeholders to
develop a final concept, execute construction drawings, and coordinate all TxDOT correspondence and approvals for
this locally let project. Improvements included hardscape, native landscape, and irrigation along the corridor.
Following the success of Phase i Kino|ey'Horn assisted the City of
Hurst in the development of conceptual design, cost projections,
and a grant application for an additional 0.000LFofroadway
median. This project was selected for grant funding.
Kino|ey'Horn'o commitment to client service, our expertise indesign
of roadways and oLreetouapeo. and our experience working with
TxD(}T has led to the successful design of over 10.000LFof
otreetouape improvements and the award of over$1 million ofgrant
funding for the City ofHurst.
Team Members Dana 8hunoard. PE
Reference: Eric Starnes, Project/Facilities Manager I 10177007210
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PROFE~SSIONALEN8MNEERlN8 CONSULTANTSERYICES
R for NRA &c6ye Transportation Projects for Tr~U./OD'Ah@d
Through several design contracts and task orders in2010. Kino|ey'Horn
assisted the City in the management and design of several high-profile
projects along the East Lancaster corridor. These projects included
painting the existing street lights and fixtures from Riverside Drive to
Loop 020. installing new signs and pavement markings at0signalized
intersections, pavement rehabilitation at several side street approaches
to add ADA'uonop|iant crosswalks, reconstructing traffic signals at2
locations, and the design and installation of over 3.700LFofsidewalk
to fill gaps in the sidewalk system. Kino|ey'Horn acted aoanextension
of City staff to manage these projects, which included weekly coordination with contractors, property owners, and
neighborhood leaders. Briefings of the construction status for these projects were sent to the neighborhood leader
and Councilwoman ona weekly basis.
Team Members Scott Arnold, PE . PT(}E. RA8. PIMP, Dana 8hunoard. PE . Sam De|noo8e. PE
Ro/eoonoo LiooetteAuevedo. Program Manager I lissefte.acevedogfortworthtexas.gov 10173922722
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Haltom City had a problem with the current intersection at US 377 and Belknap Street, claiming more than its fair
share of accidents. Kimley-Horn, in coordination with TxDOT and the City, created a plan to realign this intersection
to increase safety to those navigating these crossroads. This project involved reconstruction of the intersection of
2exioting5'|aneundividedaderia|owithuonuretepavenoent. otornodraininoprovenoento. pub|ivandfranuhioeutiity
design and adjustments, traffic signal modifications, sidewalk installation, environmental, public involvement, and
ROW acquisition. Funding was 00Y4 federal and 20Y4local.
One pivotal element of this project gravitated around the environmental clearance process. Kimley-Horn partnered
with TxDOT to assist the City in identifying a procedure that would reduce the complexity of the project's
Environmental Assessment to a Programmatic Categorical Exclusion (PCE), saving both time and effort. While
developing the PCE through TxD(}T'o environmental process updates, Kino|ey'Horn concurrently completed anoise
analysis, developed a schematic document approved by TxDOT design division, and held a public meeting. This
document was further reduced from a PCE, through further environmental update, to a document that could be
certified at the district level without going through the Environmental Affairs Division in Austin or Federal Highway
Administration review.
Team Members: Larry C|endenen. CF . PVV8. |8A CA, Dana 8hunoard. PE
Reference: Greg Van Nieuwenhuize, Director of Public Works I gvannieuwenhuize@haltomcitytx.com 1817.840.3571
Consultant Ratings and/or Past Performance on City Projects
11113eir?oirima0ce o0 City 111»irojects
Glenview Drive and Chapel Park Drive
Kimley-Horn was selected to design and prepare bid documents for a new traffic signal at the intersection of Glenview
Drive and Chapel Park Drive. We were responsible for preparation of construction plans and specifications, signage
and striping, design of Americans with Disabilities Act (ADA) accessible curb ramps, and associated intersection
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improvements. The design required coordination with the construction of a new charter school access driveway,
significant utility conflicts, and an enhanced focus on pedestrian safety considering the close proximity of the charter
school.
Rufe Snow Drive and Glenview Drive
Kimley-Horn was selected to design and prepare bid documents for the intersection improvement of Rufe Snow Drive
and Glenview Drive to accommodate the addition of left-turn lanes and the reconstruction of an existing traffic signal
to provide improved signal timing and phasing. The design process involved evaluating the project area, preparing
design options, and estimating probable costs. Design option considerations including ROW acquisition, utility conflict
and relocation, and site access were reviewed with the City to determine a preferred option given the project budget.
With this information, the City of North Richland Hills was able to make programming decisions about the design
approach of the project. We prepared final design plans that included intersection improvements, paving plans,
erosion control plans, signing and striping plan, and traffic signal modification design.
Kimley-Horn designed the widening of Rufe Snow Drive, from Mid-Cities
Boulevard to Ridgetop Road (approximately 6,400 linear feet), through
a highly urban section that separates the cities of Watauga and North
Richland Hills. Rufe Snow Drive was converted from a 5-lane undivided
urban arterial roadway to a 7-lane undivided facility. The project involved
widening and reconstructing the roadway with concrete pavement, storm
r
drain improvements, utility adjustments, traffic signal modifications, ,
and sidewalk installation. Less than 3 months after TxDOT approved
I
our schematic, we submitted 30% design plans to TxDOT for review.
We submitted 60% plans within 6 months of receipt of TxDOT's 30%
approval. As part of the Environmental process, a Categorical Exclusion
(CE) was developed. This project's CE encountered multiple obstacles throughout its development including updates
to TxDOT's Standards of Uniformity (SOUs), updates to Indirect and Cumulative Impact (ICI) analysis guidance,
and increased FHWA guidance for shared-use facilities. Each SOU and ICI guidance update required the re-drafting
of the CE —no documents were grandfathered-in during these years of NEPA environmental documentation. This
ultimately led to changing the letting date of the project due to the increased timeframe for TxDOT and FHWA review
and approval. Kimley-Horn designed the project in accordance with the TxDOT Project Development Process and its
design and construction standards.
North Ill liiolhmlllaind I III )(pelrlllelrnoe
The Kimley-Horn team identified for this project has been actively working in North Richland Hills since 2001 and has
completed the following projects for the City:
• North Tarrant Parkway Phase I and 2 • Iron Horse Corridor Plan
• Rufe Snow Drive Widening (Mid-Cities Boulevard to • ATMS Design and Citywide Traffic Signal Timing
Ridgetop Road) • On-Call Traffic Engineering Services
• Rufe Snow/Glenview Design • Loop 820 Corridor Plan
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Kimley-Horn has provided consulting engineering services to more than 200 communities and municipal agencies
throughout Texas. Below is a sampling of our Tarrant County municipal experience. A complete list can be provided
upon request.
• City of Arlington • City of Colleyville • City of Hurst • City of Saginaw
• City of Azle • City of Euless • City of Keller • City of Mansfield
• City of Bedford • City of Fort Worth • City of Lake Worth • City of Southlake
• City of Benbrook • City of Grand Prairie • City of North Richland • Town of Flower Mound
• City of Burleson • City of Grapevine Hills
Ability to Meet Schedule and Current Capacity
ScIlnedullle
We have developed the schedule below to follow the proposed design schedule presented in the Request for
Qualifications. We have allowed the following schedule for each design percentage submittal and one month for
TxDOT review, and we are committed to following this schedule. Risk factors that may affect the schedule include
unforeseen environmental issues within the project area and review times extending beyond 30 days. To expedite
review time, we typically allow TxDOT a few weeks to review a submittal and then meet with them in person to go
through the plans and discuss any comments they may have. By doing this, we greatly increase our chances of
staying on schedule.
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Avail!Ill lIll 111iiit ref IIII Staff
Our team has analyzed the current workload and determined that the proposed staff can be readily available for the
City's project. Kimley-Horn uses a proactive management system known as"cast-aheads" to detail every project's
personnel needs and determine each staff person's availability. By continuously matching project needs with staff
availability, our cast-aheads system is an accurate tool for keeping our projects on schedule. Our cast-ahead process
maps out daily, weekly, monthly, and three-month workload in detail. It then looks out 6 months to further evaluate
and assign production responsibilities. Our process culminates with focused meetings among leaders, managers, and
staff to examine the details of backlog, deadlines, production schedules, and individual staff workload. Many years of
successfully completed projects prove that this system works. Based on a review of our cast-aheads, we can assure
you that the staff members selected for this team are available to serve you and are in an excellent position to handle
the workload required to complete the scope of work. Our team has the following availability:
Task Lead Availability Task Lead Availability
Scott Arnold, P.E., PTOE, RAS, PM 40% Steve Galloway, P.E., CFI, LEED AP 10%
Sam DeImotte, P.E. 40% Brian LaFoy, P.E., ENV SP 10%
Brian Shamburger, P.E., PTOE 20% Jianying (Jericho) Guo, PhD, P.E. 5%
Carland Holstead, PWS 10% Andy Dobbs, RPLS 10%
Lynn Kiefer, PWS 5% Cox I McLain Environmental 10%
Kerry Miller, P.E. 10% The Rios Group 5%
Kent Van Riper, REP, REPA 5% Terracon 5%
Dana Shumard, P.E. 20%
Project Manager Commitment
Kimley-Horn and Associates, Inc. commits Scott R. Arnold, P.E., PTOE, RAS, PMP, as Project Manager for the
duration of the contract. Scott's commitment to the contract further includes commitment to each work authorization
without further delegation or substitution over the course of the contract.
Kimley-Horn is the Right Team
As you consider the selection of your consulting partner for this project, it is important that you select a consultant
with proven experience with both bicycle/pedestrian path design and TxDOT Local Government Project Procedures
(LGPP). This project will be designed and constructed using federal funds and will follow the TxDOT LGPP process.
It is important that the consultant you choose understands LGPP, as this process impacts all aspects of the project.
Many of our team members shown in our organization chart are LGPP certified.
Our project team has been collaborating with the City on this project since the application process started in
2017. We are committed to helping the City accomplish their goals of improving pedestrian and bicycle access
throughout the City. The projects include, but are not limited to, high visibility pedestrian crossings, bike boulevards,
and 911 emergency locator signage. Our Fort Worth office has served the City for the last 15 years on several
projects, including the Rufe Snow and Glenview Intersection Improvements, Rufe Snow Drive, and the City's Signal
Communication Plan.
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Attachments:
• Conflict of Interest Form
• Addendum# 1
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
.1J Name of vendor who has a business relationship with local governmental entity.
Kimley-Horn and Associates, Inc.
2
❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer aboutwhom the information is being disclosed.
N/A
Name of Officer
Ij Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes E-1 No N/A
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes E-1 No N/A
-5 J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
N/A
6
Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7 �,.. P J' °" P 1 /2e 10/15/2018
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
NORTH K I C H L A N D H I L L S
r%4 it IM4
T H E C I T Y OF C H O I C E
NRH Active Transportation Projects for Trail/On-Road
North Richland Hills, Texas
RFQ 19-005 - October 10, 2018
ADDENDUM NO. 1
ANSWERS TO QUESTIONS SUBMITTED THROUGH PUBLIC PURCHASE & COPY OF
CITY CONTRACT TEMPLATE
ANSWERS TO QUESTIONS SUBMITTED THROUGH PUBLIC PURCHASE
01 - The DBE goal is listed at 0%, but one of the questions is asking how we will meet the goal.
Is there a DBE percentage we need to meet?
The DBE goal for this phase of the larger construction project is 0%. Questions regarding the DBE goal in the rest of
the document are part of a standardized form, and can be omitted. Although DBE participation will not be included in
the criteria for selection, it is encouraged that DBE entities report their certification status to the City so that their
participation can be reported to TxDOT and FHWA.
02 - Can the 30% requirement for Tarrant County/ North Richland Hills Past Performance be fulfilled by subcontractors
in the SOO response, or will that only count for the prime firm?
The 30% requirement for Tarrant County/North Richland Hills Past Performance can be fulfilled by subcontractors.
03 - Is the Proiect Manager required to be TxDOT orecertified?
TxDOT precertification will NOT be required prior to submitting SOQ's, but will be required prior to executing a
contract. The precertified individual will need to participate in the project, in some measure of project review and
oversight.
04 - Do our subconsultants need to complete a Conflict of Interest form?
A Conflict of Interest form is only required for the prime consultant.
05 - Under the Texas Ethics Commission Requirement Notification section of the RFO. Second Paragraph states: A
signed and notarized Form 1295 shall be tendered to City by providers selected to receive a contract prior to contract
execution. The third paragraph gives instructions on how to complete the form. Please clarify whether we need to
submit Form 1295 with our SOO.
A completed, notarized 1295 form will only be required prior to executing a contract. It is not required that you submit
a copy along with your SOQ.
ADDENDUM #1 —October 10, 2018 FOR RFQ 19-005
06 - Questions and Responses (O&R) section of the RFO, second paragraph states: Additional pages will not be
accepted, except for the parts 1. 3. and 4 listed under the section SOO Submittal Format. Only 3 parts were listed in
the RFO. What is part 4 of the SOO submittal format?
"Part 4"is a typographical error and can be omitted.
07 - E-Verify Certification section states: The attached City Contract Template reflects this certification. A City
Contract Template was not attached to the RFO. Will this be provided?
An addendum will be issued following the deadline for questions on October 4 at 5:OOpm CST. Within the addendum
we will restate all previously answered questions and we will also attach a copy of the City Contract Template.
08 - DBE Section states: The provider shall furnish evidence of compliance with the assigned DBE goal (0%), or
evidence of a good faith effort acceptable to the City to meet the assigned goal on the Project Team Composition (PTC)
form. This form was not included with the RFO. Will it be provided?
The Project Team Composition (PTC) form was removed from the SOQ requirements. As a supplement, in "Part 3:
Organization Chart", list the percentage of estimated time that each prime consultant and subconsultant will work on
the project. The requirement for DBE goal (0 01o) can be ignored.
09 - Do we also need to file our SOO response on www.i)ublici)urchase.com?
It is not required that the SOQ be submitted through publicpurchase.com. It can also be hand delivered or received
by mail prior to the deadline on October 16 at 2pm CST.
COPY OF CITY CONTRACT TEMPLATE
(SEE ATTACHED)
THIS ADDENDUM MUST BE SIGNED AND RETURNED WITH YOUR SOO.
Acknowledge receipt of this addendum by inserting these pages with your bid.
This addendum form is apart of the contract documents and it so modifies, amends, deletes and/or adds to
the original bid document.
Name and Address of Company: Authorized Representative:
Kimley-Horn and Associates, Inc. Signature: i)
801 Cherry Street, Unit 11 Name: Kevin Hoppers, P.E., PTOE
Suite 1300 Title: Vice President
Fort Worth, TX 76102 Phone: 972-770-1307
FAX: 972.239.3820 Email: kevin.hoppers(akimley-hom.com
ADDENDUM #1 —October 10, 2018 FOR RFQ 19-005
(CITY CONTRACT TEMPLATE FOR PROFESSIONAL SERVICES)
AGREEMENT FOR PROFESSIONAL SERVICES
NRH ACTIVE TRANSPORTATION PROJECTS FOR TRAIL/ON-ROAD
This AGREEMENT is made and entered into this day of 12018,
by and between THE CITY OF NORTH RICHLAND HILLS, hereinafter called the OWNER, and (CONSULTANT), a corporation
hereinafter called the CONSULTANT.
RECITALS
This AGREEMENT is applicable to the furnishing of Consultant Services by the CONSULTANT to the OWNER for the NRH
ACTIVE TRANSPORTATION PROJECTS FOR TRAIL/ON-ROAD hereinafter called the PROJECT.
CONTRACTUAL UNDERTAKINGS
SECTION I
EMPLOYMENT OF CONSULTANT
The OWNER agrees to employ the CONSULTANT and the CONSULTANT agrees to furnish Consultant Services in
connection with the PROJECT as stated in Section II following, and for having rendered such services the OWNER agrees to
pay to the CONSULTANT compensation as stated in Section VI following.
SECTION II
CHARACTER AND EXTENT OF SERVICES
1. The BASIC CONSULTANT SERVICES to be rendered by CONSULTANT include and are limited to the following:
(Refer to the project specific SCOPE OF SERVICES shown in Sections 2 and 3 as outlined in Attachment"A".)
2. The SPECIAL CONSULTANT SERVICES to be rendered by the CONSULTANT include and are limited to the
following:
(None—All work included in BASIC CONSULTANT SERVICES)
SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertaken by the CONSULTANT under this AGREEMENT until he has
received written authorization from the OWNER which is to include any additional service after execution of this agreement.
SECTION IV
PERIOD OF SERVICE
This AGREEMENT shall be effective upon execution by the OWNER and the CONSULTANT, and shall remain in force
until terminated under the provisions hereinafter provided in Section X.
SECTION V
COORDINATION WITH THE OWNER
The CONSULTANT shall hold periodic conferences with the OWNER, or its representatives in accordance with the
Basic Services, to the end that the project shall have full benefit of the OWNER'S EXPERIENCE AND KNOWLEDGE OF
EXISTING NEEDS AND FACILITIES, AND BE CONSISTENT WITH ITS CURRENT POLICIES AND CONSTRUCTION
STANDARDS. To implement this coordination, the OWNER shall make available to the CONSULTANT for use in planning the
ADDENDUM #1 —October 10, 2018 FOR RFQ 19-005
project, all existing plans, maps, field notes, statistics,computations and other data in his possession relative to existing facilities
and to the project without additional cost to the CONSULTANT, and upon which the CONSULTANT may rely.
SECTION VI
THE CONSULTANT'S COMPENSATION
For and in consideration of the Basic Consultant Services to be rendered by the CONSULTANT, as cited in Section II
above, the OWNER shall pay and the CONSULTANT shall receive the compensation hereinafter set forth:
1. BASIC CONSULTANT SERVICES
Compensation for the Basic Consultant Services shall be as shown in Attachment "A".
Payment for the Basic Consultant Services shall be due in monthly installments in proportion to that part of the
assignment that has been completed. Such payment shall be based on the CONSULTANT'S estimate of percentage of
assignment completion, as evidenced by monthly statements submitted by the CONSULTANT to the OWNER. Final
payment for services authorized herein shall be due at the completion of these services.
2. SPECIAL CONSULTANT SERVICES
None—All work included in BASIC CONSULTANT SERVICES.
3. ADDITIONAL SERVICES
Services other than those set forth in the Scope of Services shall constitute Additional Services. Additional
Services, such as additional design work or other services other than those included in the Scope of Services, or any
others, shall be performed only with OWNER'S authorization in writing signed by owner's authorized representative,
and shall be derived the same as Basic Consultant Services. Additional Services will be in addition to the total amount
in sub-paragraph 4 below. Additional services will be provided for a mutually agreed upon sum. No payments will be
due as additional services unless authorized in writing by execution of a supplement to this agreement by The City
Manager of North Richland Hills.
4. TOTAL COMPENSATION
Total compensation to the CONSULTANT shall not exceed $XXXXXXX including reimbursable expenses
without additional negotiation and authorization.
The compensation for Consultant Services stated does not include sales tax. If the State of Texas imposes a
sales tax on architectural services during the time of this contract, then the Owner agrees to pay the sales tax as an
extra payment, above and beyond the agreed compensation for basic architectural services.
SECTION VII
REVISION OF REPORTS, PLANS, SPECIFICATIONS
AND OTHER DOCUMENTS
The revision and redrafting of reports, plans, specifications and other documents during the formative stages as an
orderly process in the development of the project to meet the needs of the OWNER shall be considered as part of the Basic
Consultant Services; however after a definite plan has been approved by the OWNER, if a decision is subsequently made by the
OWNER, which, for its proper execution involves extra services and expenses for changes in, or additions to the drawings,
specifications or other documents, or if the CONSULTANT incurs extra labor cost or expenses due to delays imposed on him
from causes not within his control, the CONSULTANT shall be compensated for such extra expense which shall be considered
as Additional Services. The CONSULTANT is responsible for notifying the OWNER as soon as possible if this circumstance
arises.
SECTION VIII
OWNERSHIP OF DOCUMENTS
ADDENDUM #1 —October 10, 2018 FOR RFQ 19-005
Original documents, plans, design and survey notes represent the product of training, experience, and professional
skill, and accordingly belong to, and remain the property of the CONSULTANT who produced them, and the OWNER regardless
of whether the instruments were copyrighted or whether the project for which they were prepared is executed.
SECTION IX
COMPLETION SCHEDULE
The CONSULTANT agrees to complete the work as detailed in Attachment A.
SECTION X
TERMINATION
Either party to this AGREEMENT may terminate the AGREEMENT by giving to the other 30 days' notice in writing.
Upon delivery of such notice by the OWNER to the CONSULTANT, the CONSULTANT shall discontinue all services in
connection with the performance of this AGREEMENT and shall proceed to cancel promptly all existing orders and contracts
insofar as such orders or contracts are chargeable to this AGREEMENT. As soon as practicable after receipt of notice of
termination, the CONSULTANT shall submit a statement, showing in detail the services performed under this AGREEMENT to
the date of termination. The OWNER shall then pay the CONSULTANT promptly that proportion of the prescribed charges
which the services actually performed under this AGREEMENT bear to the total services called for under this AGREEMENT less
such payments on account of the charges as have been previously made. Copies of all completed or partially completed
designs, plans and reports prepared under this AGREEMENT shall be delivered to the OWNER when and if this AGREEMENT
IS TERMINATED, but subject to the restrictions, as to their use, as set forth in Section VIII.
SECTION XI
LIABILITY
The CONSULTANT agrees to indemnify, and hold City whole and harmless against any and all claims for damages,
costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or
omission of CONSULTANT, or an agent, servant, or employee of CONSULTANT in the execution or performance of this
Contract,without regard to whether such persons are under the direction of City agents or employees.
The CONSULTANT agrees to carry errors and omissions type of professional liability insurance policy and will furnish
the OWNER a certificate of insurance for the OWNER'S file.
SECTION XII
SUCCESSORS AND ASSIGNMENTS
The OWNER and the CONSULTNAT each binds himself and his successors, executors, administrators and assigns to
any 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 the OWNER nor the CONSULTANT shall assign,sublet
or transfer his interest in this AGREEMENT without the written consent of the other. Nothing herein shall be constituted as
creating any personal liability on the part of any officer or agent of any public body, which may be a party thereto.
SECTION XIII
CHOICE OF LAW; VENUE
The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction
agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change
order signed by a person authorized by the City to do so. In the event of litigation between the parties, the prevailing party shall
be entitled to reasonable attorney fees.
SECTION XIV
SPECIAL CONDITIONS
Special conditions, under the AGREEMENT, include and are limited to those listed hereinafter, the conditions shall
become part of the AGREEMENT:
ADDENDUM #1 —October 10, 2018 FOR RFQ 19-005
Other provisions contained in the written "Authorization of Services", issued by the OWNER, under Section III,
and accepted by the CONSULTANT, shall become part of the AGREEMENT.
EXECUTED in three counterparts (each of which is an original) on behalf of CONSULTANTS by their authorized
contract representatives,
as shown below, and on behalf of the OWNER by its CITY MANAGER (thereunto duly authorized) this
day of , 2018.
CITY OF NORTH RICHLAND HILLS, TEXAS (CONSULTANT)
By: By:
MARK HI NDMAN, CITY MANAGER (CONSULTANT REPRESENTATIVE NAME/TITLE)
ATTEST: ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM:
Maleshia McGinnis, City Attorney
ADDENDUM #1 —October 10, 2018 FOR RFQ 19-005
1q R.H
NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Authorize payment to Bound Tree Medical, LLC for consumable
medical supplies for an amount not to exceed $144,080, using an
interlocal agreement with the City of Cedar Hill.
PRESENTER: Stan Tinney, Fire Chief
SUMMARY:
This item is to authorize payment to Bound Tree Medical, LLC for consumable medical
supplies for an amount not to exceed $144,080, using an interlocal agreement with the
City of Cedar Hill.
GENERAL DESCRIPTION:
The North Richland Hills Fire Department utilizes the interlocal agreement with Cedar Hill
to purchase consumable medical supplies from Bound Tree Medical, LLC. These
supplies are used by the department during responses to fire and EMS calls and are
replenished as needed.
Funding for this item in the amount of$144,080 was included in the FY 2018-19 Adopted
Budget in line items 001-9003-532.66-35 and 001-9005-532.66-35 (Specialty Supplies /
Medical and First Aid).
RECOMMENDATION:
Authorize payment to Bound Tree Medical, LLC for consumable medical supplies for an
amount not to exceed $144,080, using an interlocal agreement with the City of Cedar Hill.
INTERLOCAL AGREEMENT
BETWEEN
CITY OF NORTH RICHLAND HILLS AND CITY OF CEDAR HILL
This Agreement made and entered into by and between the City of North Richland Hills,
hereinafter referred to as "NRH", and the City of Cedar Hill, hereinafter referred to as "City of
Cedar Hill".
Pursuant to the authority granted by the Texas Interlocal Cooperation Act {Article 4413
(32c) Vernon's Annotated Texas Statutes} providing for the cooperation between local
governmental bodies, the parties hereto, in consideration of the premises and mutual promises
contained herein, agree as follows:
NRH and City of Cedar Hill desire to enter into an Agreement for the purchase of goods
and services from vendors selected through the competitive bidding process. Specifications for
said items should be determined in cooperation with the final approval of the entity processing
the bid.
The responsibility of each entity shall be as follows:
1.
NORTH RICHLAND HILLS
1. NRH shall be allowed to purchase goods and services from vendors who have been
selected by City of Cedar Hill through the competitive bidding process. NRH will place
orders directly with and pay directly to the selected vendor for goods and services
purchased through a contract.
2. All purchases will be within the specifications that have been agreed to. NRH shall be
responsible for the Vendors compliance with all conditions of delivery, price and quality
of the purchased goods or services.
3. NRH shall give a 30-day written notification to all participating agencies of any change
or cancellation of participation.
4. The Purchasing Agent, shall be designated as the official representative to act for NRH
all matters relating to this cooperative purchasing agreement.
II.
City of Cedar Hill
1. City of Cedar Hill shall be allowed to purchase goods and services from vendors who
have been selected by NRH through the competitive bidding process of NRH. City of
Cedar.Hill will place orders directly with and pay directly to the selected vendor for goods
and services purchased through a contract.
2. All purchases will be within the specifications that have been agreed to. City of Cedar Hill
shall be responsible for the Vendors compliance with all conditions of delivery, price and
quality of the purchased goods or services.
3. City of Cedar Hill shall give a 30-day written notification to a participating agency of any
change or cancellation of participation.
3. Gregory Pervis , Purchasing Manager, shall be designated as the official representative
to act for City of Cedar Hill in all matters relating to this cooperative purchasing
agreement.
This Agreement shall take effect upon execution by the signatories and shall be in effect
from date of execution until terminated by either party with thirty (30) written notice.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers.
CITY OF NORTH RICHLAND HILLS CITY OF CEDAR HILL
BY: - C � BY:
City Ma a
�" q TITLE
DATE�v°"u�m "n �1Y�O l DATE:
A-FT4e9`T yam¢ ATTEST:
E z: r !
CitjY%�U ,�
10"W TITLE: /el Z- ��C/27l�/Lc
AWRI D AS TO FORM: APPROVED AS TO FORM:
orth City
Council Action N
Date Approved:4
Agenda Na
Ord-/ o. � -
INTERLOCAL AGREEMENT
BETWEEN
CITY OF NORTH RICHLAND HILLS AND CITY OF CEDAR HILL
This Agreement made and entered into by and between the City of North Richland Hills,
hereinafter referred to as "NRH", and the City of Cedar Hill, hereinafter referred to as "City of
Cedar Hill".
Pursuant to the authority granted by the Texas Interlocal Cooperation Act {Article 4413
(32c) Vernon's Annotated Texas Statutes} providing for the cooperation between local
governmental bodies, the parties hereto, in consideration of the premises and mutual promises
contained herein, agree as follows:
NRH and City of Cedar Hill desire to enter into an Agreement for the purchase of goods
and services from vendors selected through the competitive bidding process. Specifications for
said items should be determined in cooperation with the final approval of the entity processing
the bid.
The responsibility of each entity shall be as follows:
I.
NORTH RICHLAND HILLS
1. NRH shall be allowed to purchase goods and services from vendors who have been
selected by City of Cedar Hill through the competitive bidding process. NRH will place
orders directly with and pay directly to the selected vendor for goods and services
purchased through a contract.
2. All purchases will be within the specifications that have been agreed to. NRH shall be
responsible for the Vendors compliance with all conditions of delivery, price and quality
of the purchased goods or services.
3. NRH shall give a 30-day written notification to all participating agencies of any change
or cancellation of participation.
4. The Purchasing Agent, shall be designated as the official representative to act for NRH
all matters relating to this cooperative purchasing agreement.
11.
City of Cedar Hill
1. City of Cedar Hill shall be allowed to purchase goods and services from vendors who
have been selected by NRH through the competitive bidding process of NRH. City of
Cedar Hill will place orders directly with and pay directly to the selected vendor for goods
and services purchased through a contract.
2. All purchases will be within the specifications that have been agreed to. City of Cedar Hill
shall be responsible for the Vendors compliance with all conditions of delivery, price and
quality of the purchased goods or services.
3. City of Cedar Hill shall give a 30-day written notification to a participating agency of any
change or cancellation of participation.
3. Gregory Pervis , Purchasing Manager, shall be designated as the official representative
to act for City of Cedar Hill in all matters relating to this cooperative purchasing
agreement.
This Agreement shall take effect upon execution by the signatories and shall be in effect
from date of execution until terminated by either party with thirty (30) written notice.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their authorized officers.
CITY OF NORTH RICHLAND HILLS CITY OF CEDAR HILL
BY: i _ Cam` —J BY: �--
City Mara
TITLE l' r
oax" Imlop�a
D� ZG H Lq U -01 -- DATE: S'1,2 -U
W4/1-�
i E t- ATTEST:
uj
Ci
TITLE: X / �CJ�f 704✓u
APPROVED AS TO FORM: APPROVED AS TO FORM:
XC44/
v
Attorney for the City
Council Action �9
Date Approved_4�-f2:LQ..
Agenda NON'S\2 •
ord-/ o. �- -
0MERC0NCY MEDICAL SERVICE SUPPLIES
{bis Eow,&eocy Medical Service Snpplicu Agreement (herein '^d&znnm*ot") is made and
unior*d into 6}/ and between ,bo City ul Cedar l8iU. Texas, ol wxxohoxmn role municipal
corporation (herein ^^City'`), and Bound 'free medical, LLc` onOhio limited iiuhi|itycompany
(liereiri "Bound Jrm") and shall be effective as ofthe(late ofexecution act forth hercju�
WUI'ME 8sE'F H
YVF|ER6A3` BvvudTree iow distributor oftoodicm\ and pharmaceutical Supplies; and
VV8CR]B&S, the City operates uo emergency oixdix^lomv ice ('EMS")by and through its, Fire
Department; and
W[IFREAS, die City's EMS requires (lie use jeertain merfical and pharillacel3tical supplies
("medical supplies") to preserve and protect the public health and safety of the City's residents
visitors; and
WHEREAS, Bound Tree bid on and was awarded a contract by the City uridei which Bound
Troe agreed to sell medical suppht%s to [lie City's E'MS for the period of Match l, 2013 through
February 28,2Vl4(the Original &gmeoueno; and
WBEIBE&y, the Original Agreement was renewed for cacti nf three optional one-year renewal
ter ung� and
WHEREAS, the final renewal term oftbo Original Agreement ends om February 28, 28i7;
and
\V}lDKEAO` the City desires xo continue m procure medical supplies, ky and through the
city's EMS,tu preserve and protect the public beukb and safety uf its residents and vioiv`m; and
WHEREAS, 8ouoWTixv desires and mAreeo ,u continue supply the City`oEMQp/dk/nodicul
supplies subject m the terms oftkisAgreement,
NOW,THEREFORE, in consideration uf1he premises and covernints and conditions herein,
the City and Board-free ug,nemsfoOmwo:
l. - Bound Tree agrees W sell,and City agrees to
purchase, medical Supplies for the City's EMS pursuant 10 all nf the (*xnm and coudkinnxu[the
Contract Documents as defined herein. In exchange foi the City's use of pound Tree as the
Chy's medical supplies vendon when said medical supplies can be delivered timely, Bound1ree
will piovide requested medical supplies m the City's FIMS at the agreed-upon price and iti the
u&rvvd'vpooqono6fiesxs set forth io the Contract Documents.
SUPPLIES AGRLLMEN'l Page I
%. Contract Documents. The Contract Qocammnn referenced io and made pu¢o/\hix
Agreement shall consist afflhofollowing:
u. this Agreement
6 ,b*{uvitaoioob` Mid & Bid Spec ibcations
c Bound Tree's Bid Quotation
I any written modifications w, change orders agreed k` hy the City and Bound
Tr'c.
The Invitation to Bid and Bid Specifications along with Bound'Trec's Bid Quotation are attached
b*temuo Exhibit& and incorporated herein for all yuffpouns.
I ?�gg. The terouof this AArveo/notnbu8ho one year bocmoiu$ou&{nrcb }, %0l7and
ending on February 28, 2018. This Agreement includes three (3) optional nov~Jrmr ,*oewml
terms, The City shall have the right in renew this Agreement for any o, all of the optional
renewal terms tinder the omontm,nuo and vm`ddi000tof this Agreement.
4, Termination. Notwithstanding the provisions in ',section 3 above, the City may
iernduutc this Agreement For any reason u,00 reason mt all by providing Bonud'Xircewith timely
(r0)days pdor written notice.
5 1p&y"nemt.s. 'fire City agrees tu pay Bound Tree per the toun» uf the Contract
Documents hot orders from and dn|ivwrvJu` the City's EMS.
h. Delivery, The City and Bound Tree agree that the City is not obligated to order a
specific quantity of medical Supplies and cannot supply Bound Tree, with a forecast of the
volume of medicttl supplies that the City's EMS will order. The City will, upon reasonable
request 8nnmBvnud Tree, and without the City binding itself io any way, provide elmrl~*x:m
estimates ofoocdo0 medical supplies to Bound Tree.
7� jes &uoopCaucnvrupyxovulby8zvCityurd`e City's
8�|3ufmuyznrdiou| Supplies oodexthis Agreement shall not io any way relieve Bound Trcnn�
responsibility for the arty Lechincal accutacy or quality of his fialfilment of any order for medical
supplies from tile City's EMS. T lie City's review, approval or acceptance v[or p*yo` n( /o� any
medical mRpGeo shall not heconstrued tu operate usup///ircrnf any of fire City's dQ|dotinder
this Agreement or any cause OC action arising out of tile psi-formance or non-performance of this
&0/ccmcu(.
8. Indemnification. Bound True u6o|| indemnify, save, and [told harmless tile City and
the City's FMS, its officials, officers, agents and employees with respect to any claims or
demands, actions, damages,costs and expenses, including,without lirritation,attomeys' toes and
costs of litigation, arising from the death or injury of any person whomsoever, or arty loss,
damage nr destruction of tiny property whatsoever, resulting directly nr indirectly from any
intentional, rregligent or grossly negligent art, error or omission of the Bound Tree, its agents,
servants, employees or other persons acting on Bound Tice's behalf and arising frorn or related
to Bound 1 rcc'� Performance under this Agreement, This indernnity shall not be tenninatcd or
otherwise affected by reason ofthe termination or expiration ofthis Agreemeni,
9, Relat f Parties. Bound 'Free will use its, own means and manner b) perform
its obligations under this Agreement and shall bod000edun independent ooutrsnk/rp(the City
In no event shall this Agreement or any ficiformance thereunder be deerned or interpreted as
creating m principal-agent nr joint vwdme relationship between the parties hereto, Neither party
shall hold itself out is an agent of'the other party, nor shall a pqrty incur any indebtedness or
obligations in the name of"orn/biQb shall ho binding upon, the od`=rparty.
|0. l4oicc& All notices and uomuumioudnoxuuin/ this Agreement ,whe mailed or
delivered k^ the City shall ho sent tnthe address ofNm City EMS oo follows, unless and unit]
Doumd7)wvinodherwio« notified:
FIVI8Cbief
Cedar Hill Fire Department
l2l% @/. Belt Line Rd.
Cedar Hill, Texas 751A4
All notices and communications under this Agreement tnhv mailed o/ delivered to Bound Tree
nbu\| be sent to the address ofthe Round Tree as follows, unless and until the Chy is otherwise
mn6Gnd!
Rvu^d'iine Medion|, LLC
P.O. Box XO%3
58oW Tuttle Crossing Blvd,
l)ubNo,(}} 41016
11� This Agreement shall not ho assignable in whole vrio part without the
written consent nf the City,
12, Disput Resolution. lf"a dispute arises between the parties relating tnthis
&g:»mn*ut,the parties agree tu use the following pzoc*du,,prior x* either pudypnrsui"gother
xyudoblonnouemec
R. & mecting shall be held promptly between the parties, attended by individuals
with decision-making authority regarding the dispute, to attempt in good faith to negotiate a
resolution uf tile diopuL*�
I), If, within thirty (30) (lays aftur such jaecting, the parties have not succeeded in
�
�
negotiating wreo*bn�onu[i8o dispute,they will appoint a omuuvnUy-uncnptable mediator and
agree to attend one, hall' day mediation with said mediatoy in in attempt to resolve the
di»ppie� The parties shall share the fees o|`d`n mediator equally,
]]. WAIVER OF RIGHT TO TRIAL BY JURY. BOUND TKE8 AND CITY
AGUE THAT /tll. DISPUTES ARISING FROM 0K RELATED To THIS AGREEMENT,
|0CLOQl0{ BUT NOT LDm/?ED 10 ANY AND ALL REPRESENTATIONS OR
9//\0n&Nl]F&, EXPRESSED 8R IMPLIED, iP ANY, WlUC8 CANNOT 0E. R88Q/.VlD}
THROUGH INFORMAL NEGOTIATIONS O& MFDIAT[ON 8S &8T FORTH DN8SC/1ON
12 ABOVE, SHALL FICRESOLVED BY WAY OFd T1lAL. BEFOB8 & JlDD0D0fA
COURT OyCOMPFT8N7 /DR\SD\C770i. QOUN0TRGD AND CITY EACH HEREBY
WAIVE ANY AND ALL RIGHTS l?) & TRIAL 8YJURY. BOUND TI<£C AND CITY
S8C8 HEREBY ACKNOWLEDGE AND K|3P8C8E.MT1]H/\Tl}{EY88YBKNOWINGLY
AND VOLUNTARILY l0AIYEDTllE']& RESPECTIVE RIGHTS IO & Jl)Ry TRIAL YY{I}l
[<E8['SCTJ08NY Lb(J)l, MATTER 0R DISPUTE ARISING FROM O}lO2%./\TII[) J(}
TI 8SAGRBE& E0T,
<4. Severa`3fity. Should any word, phrase, sentence, paragraph o/ other provision or
portion ofthis Agreement be consh Jed to be UnIUWfUl Or UnCtIfOrMable by a couft ofcompetent
jurisdiction, such circuniqanco shall not affect the vailidby Of the tomaining portions of this
A8ro*zuoou which shall remain iu full force and *tfeo,�
H, Bindi
�n�nf,,Trect, [6iuA8n:emuou<o|xdlhwbiudingnynunmd Qnur*t^ the betroth ufthe
parties hereto and their respective permitted successors and permitted assigns.
l&, 1dv��i0�Law-aldi!h�g���. 1�biod{4xromzt�xbo|Xbu governed by, and dsp,ovbino�s
construed in accordance with, the laws of the State ofTexas, Verme for any action arising from
nr/nlote8 to this Agreement shall be the State District Courts of Dallas Counly, Texas.
17. , m* amendment nr waiver uf any provision n[ this
Agreement, and oo consent tn any departure, be,nfirnm, shall he effective o, hiodQmQ unless and
wild set harth in a writing signed by each party, and then any such waiver or consent shall be
effective only iva specific instance and for lk opnuiGu purpose for which d was given, \io
notice or any other communication given by one party to the other partyshall be construed tu be
or conqtitutc an approvai or ratification by the other party of any matter contained or referred to
iuonob notice, unless the same hvconsented tohy the Other party iuwriting.
18. Rntire / f,,mernWrrt. l`bio Agreement constitutes the entire u8/000`no( between the
LMERCENCY MEDICAL SERVICE
p.rrrile^, and there exist no other wNrntenn or oral under unteinp, agrcenneuts or assurances vlith
rasp eal In any mattery cmapi as set forth herein. U nlcss expressly staucd, this Agreement conleis
n<r rig% to or upon any person an enutaty that r,nncst as party 1'aerelo.
19. Lcg ul Con lte Cton. planless the connwxl rejuires otheP4 kc, "or& 431 the masculine
*slider shall he construed to ind uule correlnluive mlydl of eminrne and neuter genders and mice
vcrsa, and wVnrds of we Shwu lar naiarncu AaH he s ommmed uo nrc,➢ ide corre9aflvc %ord5 of the
prlaral rnanhatir vend s-ire ptaalres ugmv Owl tp,uis .hgm anott or uny R>rtoWkkm ot' 4h9s
r1 reument ArtJ'd not be canuustrued pia Uvor cnk`m up hat any party care the basis Chaat the prty did
W r dad not lutuhcrr WS !Tyra corm or un, pnrcnGuon tln4arcttcr. I"Its Agceennnauut and aall or le teou rs
and larawkkms herein QmH he hhrrrrvnHy ulrr<,muetl to ethocarr ne the rn ^Moses so Rtrrth hr rcirt and
to suustainvhc validity ofuhlsAgreernesru-
1_
EXECI,11EDdbi , dayo �'ar a(i� du ' 28717,
CITY OF CEDAR 1H LL, TEXAT
f
toy:
Rob 1 raarC< 4utvy
ATTEST:
rr
rr %f
RI04,10a fa Can Sc crNarti
APN"IC87s,/l DAS ➢C114>d NI1
'
Ntcur Irac Uadan, 9u 4 uuy ,4ttunrncy+
BOUND TREF MEDICAL, R.,LC
s
ley': "�"'"',✓ ,✓" „ ,W°,t✓�'r"° r 'f, �r -
w.rrh ' rtugl -rt,y In cr t nrtr7nctal dRCt cwrM
t r l6 @rGEN Y NAMACAL Sh.LS:Wl 1.
f CERIFICATE OF INTERESTED PARTIES FORM 1295
Iof1
Complete Nos.1.4 and 6 if there are Interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-437696
Bound Tree Medical, LLC
Dublin,OH United States Date Filed:
2 Name of governmeniii entity or state agency t at Is a party to the contract for which the forms 01/03/2019
being filed.
City of North Richland Hills Date Acknowledged:
3 Provide the Identification number used by the governmental entity or state agency to track or Identity the contract,and provide a
description of the services,goods,or other property to be provided under the contract
lTB-19-0-2013
Emergency Medical Supplies
4 Nature of Interest
Name of Interested Party City,State,Country(place of business) ', (check applicable)
Controlling Intermediary
I
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is Tim Jamison and my date of birth is
My address is 5000 Tuttle Crossing Blvd. Dublin Ohio , 43016 USA
(street) (city) (state) (zip code) (muntry)
I declare under penalty of perjury that the foregoing is due and correct
Executed in Franklin county, State of Ohio on the 3rd day of Janua 2019
(V �) (Year)
Sig re of authorizAOmIrnt of contracting business entity
,,r""" (DecWrent)
Forms provided by Texas Ethics Commission wwW: 0 ics.stat . .us Version V1.0.6711
David Rainwater
From: Eva Ramirez
Sent: Tuesday, February 26, 28199:14AM
To: Ma|eshia McGinnis; David Rainwater
Cc: Scott Kendall
Subject: FVY: City of Cedar Hill Bound Tree Contract Renewal
Good noorninX, | asked Cedar Hi|| PurchasinX Manager for darificationreXardinXtheir renewal process p|ease see enoai|
be|ovv.
Thank you,
�
Yo/rUuuzu& !)cpucinocui
City of North Richland }fi{{u
8z7-4u7-OzO4Phone
8z7-4u7-Oz5zFax
WAI P�e�ue�nno�derthwenv�mnmer�bpfnrnpr�r��ngth�oemaU
From: Pen/is, Gregory<gregory.pervisl@cedarhiUtx.cono>
Sent:Tuesday, February I0, I0l99:00AK4
To: Eva Ramirez<eranoirez@nrhtx.cono>
Subject: RE: City of Cedar Hill ' Bound Tree Contract Renewal
Good Morning,
• Our Contracts do not require Council Consideration l[ there are Renewals remaining;
• Example: Contract was awarded to a Vendor for 3 Years —to include 2 one-year renewals
after the initial award. | do not have togoto Council Year 2or Year 3.
| hope that provides o better explonotlon....
Pervis
From: Eva Ranoirez �
Sent: Monday, February I5, I0l94:l7PK4
To: Pen/is, Gregory >
Subject: RE: City of Cedar Hill ' Bound Tree Contract Renewal
He||o | hopea|| isvve||. 0uickquesdonisittrueyouXuysdon'thavetotakethis contract to get approved by your dty
coundO | need darificadon for our |eXa| department.
Thank yoo,
li�
yo/z�buuiu& l>cpucinocui
�
City ofNmth Richlund8llu
8z7-4u7-OzO4Phone
&z7-4u7-Oz5zFax
WA Pleauecnnoider din envimnmerfbpfnrnprrfingthioemaU
From: Pen/is, Gregory >
Sent:Thursday, February 7, I0l9l0:00AK4
To:A|faro, Vicki �� AUi�on, Chery| Alonzo, Cynthia
Back, Briggs Derek
Brock, Brown,James
Caldwell, Gilbert Chrisdan, Christa >; Cook,Jennifer
Cunningham, Kevin Davenport, Cheryl
Davis, � Den�on, K4e|i��a >;
Dixon, Alton < di o George, Diana 6|over, ]ohn
; Gregory, Corey >; Hanonoock, Lee
]ones, David Jones,Jess
Kearney, Boendon K|inck, Julia Latch,Jaye
>; Lew/andow/ski,Jerry >; Long, Craig
Long, Kade Lovxq\ K4ichae| Loyd, 6oe�
McCaskill, Dale Mendoza, Miller, Terri
Montgomery, Nevxconoe� VVi|
�� North, Adano � Ogurek,Tracey
Pa|noer, S Pennington, Dee
Peterson, Eric Pitts, Alice
� Prio|og, Vince� �� EvaRanoirez
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Zadovx Sabrina
Subject: City of Cedar Hill ' Bound Tree Contract Renewal
Good Morning Everyone,
Below are 7 pullet points regarding the Bound-Tree EMS Contract:
l , Please allow this e-mail to inform you that the City of Cedar Hill and Bound-Tree have agreed
too > extensions, osreflected in the attached n2Ltuclly signed document-
dated January 24, 2017,
2. This second extension will go into effect March l, 28l9 and will be valid through February 28,
2828, as one (optional) renewal year remains.
o. This entire contract will expire on February 28, 2821 (page 2 number 3) of the attached
PDF,
2
3. NOTE: Cedar Hill confrac9 renewals do not require Council-considerafion.
4. As of the time of this e-mail, City of Cedar Hill is exploring having a Secondary EMS Vendor - in
the event Bound-Tree does not have the needed supplies. Once that decision is final, I will
share with everyone.
5. Bound-Tree will "load'' the updated prices in your respective (entity's) database,
6. Should Bound-Tree experience an unanticipated price increase, Bound-Tree will provide thirty
(30) days' notice.
7. Feel free to share this e-mail to those interested party's within your organization.
If anyone has questions, please contact me.
Greg Pervis
BusdgeUI ''usrclha sliung
4e:e^,Isi H111, 'l'exas 75,04:
4°4 9"72.29'Tl.5100 X1 064
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1q R.H
NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Approve Resolution No. 2019-017, continuing participation in
Tarrant County's HOME Investment Partnership Program.
PRESENTER: Kristin James, Assistant to the City Manager
SUMMARY:
The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA)
and is intended to provide decent affordable housing to lower-income households,
expand the capacity of nonprofit housing providers, strengthen the ability of state and
local government to provide housing and leverage private-sector participation.
To participate in this program the city must commit to the required 30% match on an
annual basis. The HOME program for North Richland Hills is administered by Tarrant
County. It is staffs recommendation to allocate $36,000 toward the 30% match
requirement for 2019.
GENERAL DESCRIPTION:
The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA)
and is intended to provide decent affordable housing to lower-income households,
expand the capacity of nonprofit housing providers, strengthen the ability of state and
local government to provide housing and leverage private-sector participation.
The HOME Investment Partnership Grant requires municipalities to provide 30%
matching funds. The city must specify in a resolution the amount of matching funds that
will be appropriated to the program. The maximum amount of HOME Funds a
municipality can request is $200,000. The approval of this resolution will allow the City
of North Richland Hills to request $120,000 in HOME Funds for 2019 and will allocate
30% in matching funds or $36,000.
Tarrant County reported that the average cost per project covered under the HOME
Program is $24,000. With that, the $120,000 would cover improvements to approximately
five (5) homes.
The matching funds will be paid for out of the existing Neighborhood Initiative Program
funding (ES0901) included in the FY 2018-19 Adopted Capital Budget.
RECOMMENDATION:
Approve Resolution No. 2019-017.
RESOLUTION NO. 2019-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AGREEING TO MEET ALL MATCH
CONTRIBUTION REQUIREMENTS FOR THE EXPENDITURES UNDER
THE TARRANT COUNTY HOME INVESTMENT PARTNERSHIPS
PROGRAM FOR PROGRAM YEAR 2019.
WHEREAS, the HOME Program was created by the National Affordable Housing Act of
1990 (NAHA)and is intended to provide decent affordable housing to lower-
income households; expand the capacity of nonprofit housing providers;
strengthen the ability of state and local government to provide housing, and
leverage private-sector participation; and
WHEREAS, Tarrant County is a Participating Jurisdiction under the HOME Investment
Partnerships Program in accordance with § 92.105; and
WHEREAS, the City of North Richland Hills is a member of the Tarrant County Urban
County Community Development/HOME Consortium and is eligible to
participate in the HOME program; and
WHEREAS, the City of North Richland Hills has requested $120,000 in HOME funding
to be expended on HOME eligible activities within the city's jurisdiction and
has agreed to provide a 30% matching contribution for all HOME funds
expended within the City of North Richland Hills, in accordance with
§92.218; §92.219; and §92.220.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1. That the City of North Richland Hills does hereby agree to commit $36,000
in matching contribution to affordable housing for all activities undertaken in
the city through the HOME program for the 2019 program year.
PASSED AND APPROVED this the 25th day of March, 2019.
Resolution No.2019-017
Page 1 of 2
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
Resolution No.2019-017
Page 2 of 2
IgRH
NORTH KICHLAND HILLS
CTY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: SUP 2018-08, Ordinance No. 3573, Public hearing and
consideration of a request from Sohail Dharani for a Special Use
Permit to allow fuel sales at 7605 Boulevard 26, being 0.6913 acres
described as Lot 1, Block 2, Richland Terrace Addition.
PRESENTER: Clayton Husband, Principal Planner
SUMMARY:
Sohail Dharani is requesting a special use permit to allow fuel sales in conjunction with a
convenience store on property located at 7605 Boulevard 26.
GENERAL DESCRIPTION:
The 30,113-square foot property is located on the northwest side of Boulevard 26, just
south of Rodger Line Drive. The site is developed with a retail building and fuel pump
canopies.
In 2015, the zoning ordinance was amended to require special use permit (SUP) approval
for fuel sales. The revision was made to provide flexibility in how uses with fuel sales are
developed and to address non-traditional uses that provide fuel sales, such as grocery
stores. The SUP requirement applies to the C-1 Commercial, C-2 Commercial, I-1 Light
Industrial, and I-2 Medium Industrial zoning districts.
The property was developed as a convenience store with fuel sales in the early 1980s. A
convenience store is a permitted use on the property. However, since the fuel sales
portion of the business has been discontinued for more than six months, approval of an
SUP is required to authorize fuel sales on the property.
A site plan for the property is attached. Existing improvements on the site include a 3,435-
square foot convenience store building, fuel pumps, and a single canopy covering the
pump area. The property has two drive approaches on Boulevard 26, and there are 14
parking spaces on the site. The applicant is in the process of renovating the building and
installing kitchen equipment and a grease trap.
Special Use Permit
The zoning ordinance provides that special use permits may establish reasonable
conditions of approval on the operation and location of the use to reduce its effect on
adjacent or surrounding properties.
The proposed conditions of approval for this SUP application are attached. These
conditions are based on the applicant's proposed construction. These conditions may be
IgRH
NORTH KICHLAND HILLS
modified by the Planning and Zoning Commission. Any other conditions recommended
by the Commission will be included in the proposed ordinance considered by City Council.
COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use
Plan as "Retail." This designation is intended to permit a variety of retail trade, personal
and business service establishments, and offices.
CURRENTZONING: The property is currently zoned C-2 Commercial. The C-2 district is
intended to provide for the development of retail and general business uses primarily to
serve the community and region. Uses include a wide variety of business activities and
may involve limited outside storage, service, or display. The district should be located
away from low and medium density residential development and should be used as a
buffer between retail and industrial uses. The district is also appropriate along business
corridors as indicated on the comprehensive plan.
SURROUNDING ZONING I LAND USE:
B ® ® B B
NORTH C-2 Commercial Retail Retail shopping center
WEST C-2 Commercial Retail Retail building
SOUTH C-1 Commercial Retail Restaurant(Arby's)
EAST PD Planned Development(PD-71) Retail Vacant property in City Point
planned development area
PLAT STATUS: The property is currently platted as Lot 1 , Block 2, Richland Terrace
Addition.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
conducted a public hearing and considered this item at the March 7, 2019, meeting and
voted 7-0 to recommend approval.
RECOMMENDATION:
Approve Ordinance No. 3573.
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NORTH RICHLAND HILLS CASE: SUP 2018-08
You are receiving this notice because you are a property owner of record within 200 feet of the property shown
on the attached map requesting a Special Use Permit.
APPLICANT Sohail Dharani
LOCATION 7605 Boulevard 26
REQUEST Public hearing and consideration of a request from Sohail Dharani for a Special
Use Permit to allow fuel sales at 7605 Boulevard 26, being 0.6913 acres
described as Lot 1, Block 2, Richland Terrace Addition.
DESCRIPTION Request to allow fuel sales.
PUBLIC HEARING DATE Planning and Zoning Commission
7:00 PM Thursday, March 07, 2019
City Council
7:00 PM Monday, March 25, 2019
MEETING LOCATION City Council Chambers -Third Floor
4301 City Point Drive
North Richland Hills, Texas
People interested in submitting letters of support or opposition are encouraged to contact the Planning
Zoning Department for additional information. Letters must be received by the close of the City Council public
hearing. Because changes are made to requests during the public hearing process, you are encouraged to
follow the request through to final action by City Council.
Planning_ and Zoning Department 1 4301 City Point Drive - NRH, TX 76180
817-427-6300 1 www.nrhtx.com I planning @nrhtx.com
FOR MORE INFORMATION, VISIT NRHTX.COM/MAP
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Planninq and Zoning Department 1 4301 City Point Drive - NRH, TX 76180
817-427-6300 1 www-nrhtx-com I planning@nrhtx-com
OWNER MAILING ADDRESS CITY, ST ZIP
CANDLERIDGE LIMITED PARTNERSHI 3113 S UNIVERSITY DR FORT WORTH,TX 76109
HUMBLE INVESTMENTS LLC PO BOX 572968 HOUSTON,TX 77257
LA VERNE BUTTERFIELD LP 5150 OVERLAND AVE CULVER CITY, CA 90230
NAME BRANDS INC 7215 S MEMORIAL DR TULSA, OK 74133
QSR ENTERPRISES LLC 3318 FOREST LN SUITE 200 DALLAS,TX 75234
ZS ASSOCIATES LLC 14838 JENKINS AVE NORTH CHARLESTON, SC 29405
I Sohail Dharani, am giving a written notice acknowledging the changes that
must be made listed below and will comply and complete the following list
below.
a. Screening shrubs must be planted in the landscaped areas adjacent to
Boulevard 26. The shrubs should be spaced three-feet on center and planted
at least two feet behind the curb.
b. Two (2) additional trees must be planted in the landscape areas adjacent to
Boulevard 26 in the locations shown on the attached drawing. The tree species
may be selected from the following: Shumard oak, Chinquapin oak, Bur oak,
Texas red oak, Caddo maple, and Cedar elm. The trees must be at least four (4)
caliper inches in size when planted.
c. A gate must be installed on the refuse container enclosure. The enclosure
must be equipped with opaque metal gates fabricated from a minimum 20
gauge metal deck supported by a frame. The gates must be equipped with a
self-closing hinges or a self-closing mechanism. Wooden gates are not
permitted.
d. The light fixtures located on top of the fuel pump canopy must be adjusted
so the fixture is parallel with the ground. All lighting fixtures added to the
property must be fixtures that conform to adopted lighting standards. LED
lighting on the windows and doors of the building is prohibited.
e. Verify whether the power pole and electric meter on the southwest side of
the property is located on the lot. If so, coordinate with Oncor and other utility
companies for the removal of the pole, meter, and light.
f. If the size of the building or fuel pump canopy is increased in the future, the
driveways on the property must be reduced to 35 feet in width.
Thank you, Sohail Dharani
ORDINANCE NO. 3573
CASE SUP 2018-08
AN ORDINANCE OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, AMENDING THE COMPREHENSIVE
PLAN AND THE COMPREHENSIVE ZONING
ORDINANCE BY APPROVING A SPECIAL USE
PERMIT TO ALLOW FUEL SALES ON 0.6913 ACRES
LOCATED AT 7605 BOULEVARD 26; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING FOR SEVERABILITY;
ESTABLISHING A PENALTY; PROVIDING FOR
SAVINGS; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas acting under its charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and
restricts the location and use of buildings, structures, and land for trade,
industry, residence, and other purposes, and provides for the establishment
of zoning districts of such number, shape, and area as may be best suited
to carry out these regulations; and
WHEREAS, the City Council has previously passed an ordinance adopting a
Comprehensive Land Use Plan Map as the primary document on which to
base all zoning, platting, and other land use decisions; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills authorizes the
issuance of a Special Use Permit to allow the retail dispensing or sales of
vehicle fuel; and
WHEREAS, the owner of the property located at 7605 Boulevard 26 (the "Property") has
filed an application for a Special Use Permit to authorize fuel sales in
conjunction with a convenience store on the property; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on March 7, 2019, and the City Council of the
City of North Richland Hills, Texas, held a public hearing on March 25, 2019,
with respect to the Special Use Permit described herein; and
Ordinance No. 3573
SUP 2018-08
Page 1 of 4
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland Hills,
and all other laws dealing with notice, publication, and procedural
requirements for rezoning the Property; and
WHEREAS, upon review of the application, and after such public hearing, the City
Council finds that granting the request herein furthers the purpose of zoning
as set forth in the Zoning Ordinance of the City of North Richland Hills and
that the zoning change should be granted, subject to the conditions imposed
herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1 : That the Zoning Ordinance of the City of North Richland Hills is hereby
amended by approving a special use permit to authorize fuel sales in
conjunction with a convenience store on Lot 1 , Block 2, Richland Terrace
Addition, commonly referred to as 7605 Boulevard 26, as described and
shown on Exhibit 'A" attached hereto and incorporated for all purposes.
Section 2: The City Council finds that the information submitted by the applicant
pursuant to the requirements of the Zoning Ordinance is sufficient to
approve the Special Use Permit in accordance with the Land Use and
Development Regulations, set forth in Exhibit "B," and the Site Plan
Exhibits, set forth in Exhibit "C," both of which are attached hereto and
incorporated for all purposes.
Section 3: That the official map of the City of North Richland Hills is amended and the
Planning Director is directed to revise the official zoning map to reflect the
approved special use permit, as set forth above.
Section 4: The use of the property described above shall be subject to all applicable
regulations contained in the Building and Land Use Regulations and all
other applicable and pertinent ordinances of the City of North Richland Hills.
Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct conflict
with the provisions of such ordinances and such code, in which event the
conflicting provisions of such ordinances and such code are hereby
repealed.
Ordinance No. 3573
SUP 2018-08
Page 2 of 4
Section 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are
severable, and if any section, paragraph, sentence, clause, or phrase of this
Ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining sections, paragraphs, sentences, clauses,
and phrases of this Ordinance, since the same would have been enacted
by the City Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause or phrase.
Section 7: Any person, firm or corporation violating any provision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). Each day any such violation shall be allowed to continue shall
constitute a separate violation and punishable hereunder.
Section 8: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such ordinances,
same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
Section 9: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 10: This ordinance shall be in full force and effect immediately following
publication as required by Section 9 hereof.
AND IT IS SO ORDAINED.
PASSED on this 25th day of March, 2019.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
Ordinance No. 3573
SUP 2018-08
Page 3 of 4
ATTEST:
Alicia Richardson, City Secretary
Approved as to content:
Clayton Comstock, Planning Director
Approved as to form and legality:
Maleshia McGinnis, City Attorney
Ordinance No. 3573
SUP 2018-08
Page 4 of 4
Exhibit A—Property Description—Ordinance No.3S73—Page 1 of 1
Special Use Permit Case SUP 2018-08
Lot 1,Block 2,Richland Terrace Addition
7605 Boulevard 26,North Richland Hills,Texas
Being Lot 1,Block 2,Richland Terrace Addition, in the City of North Richland Hills,Tarrant
County,Texas, according to the plat recorded in Volume 388-157,Page 39,Plat Records,
Tarrant County,Texas.
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Exhibit B— Land Use and Development Regulations—Ordinance No. 3573— Page 1 of 2
Special Use Permit Case SUP 2018-08
Lot 1, Block 2, Richland Terrace Addition
7605 Boulevard 26, North Richland Hills,Texas
This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code
of Ordinances, as amended, and the base zoning district of C-2 Commercial. The following
regulations shall be specific to this Special Use Permit. Where these regulations conflict with or
overlap another ordinance, easement, covenant or deed restriction, the more stringent
restriction shall prevail.
A. Permitted use. A special use permit is authorized for fuel sales in conjunction with a
convenience store on the property.
B. Site development standards. Development of the property shall comply with the
development standards of the C-1 Commercial zoning district and the standards described
below.
1. The site improvements must be as shown on the site plan attached as Exhibit "C."
2. Light fixtures located in the parking lot and on the fuel pump canopy must be positioned
so the fixture is parallel with the ground.
3. The installation or use of luminous tube lighting on the windows and doors of the
building or fuel pump canopy is prohibited.
4. Landscaping on the property must be designed as shown on the landscape plan
attached as Exhibit "C" and is subject to the following.
a. The two Shumard red oak trees on the southwest side of the property must be
replaced with trees that are at least three (3) caliper inches in diameter.
b. All landscaped areas must be watered by an automatic underground irrigation
system equipped with rain and freeze sensors.
c. The landscaping must be installed prior to the issuance of a certificate of
occupancy.
5. If the size of the building or fuel canopy is increased, the following improvements must
be made to the property.
a. The driveways on the property must be consolidated into a single driveway. The
width of the driveway must not exceed thirty-five (35) feet in width.
b. A sidewalk must be constructed adjacent to Boulevard 26. The sidewalk must be
five (5) feet wide and located in the right-of-way.
c. A vehicle connection must be constructed from this property to the property on
the south side of the lot. The connection must be at least twenty-four (24) feet in
width. A common access easement must be provided for the connection.
Exhibit B— Land Use and Development Regulations—Ordinance No. 3573— Page 2 of 2
Special Use Permit Case SUP 2018-08
Lot 1, Block 2, Richland Terrace Addition
7605 Boulevard 26, North Richland Hills,Texas
C. Expiration. The special use permit will expire three (3) years from the effective date of this
ordinance. If fuel sales are still in operation at the time of expiration, the use shall be
considered a legal non-conforming use and may continue operation subject to the standards
described in Section 118-153 of the Zoning Ordinance
D. Administrative Approval of Site Plans. The development is subject to final approval of a site
plan package. Site plans that comply with all development-related ordinances, and this
Ordinance may be administratively approved by the Town Center Architect, Town Center
Design Review Board, and City Development Review Committee.
The city manager or designee may approve minor amendments or revisions to the Special
Use Permit standards provided the amendment or revisions does not significantly:
1. Alter the basic relationship of the proposed uses to adjacent uses;
2. Change the uses approved;
3. Increase approved densities, height, site coverage, or floor areas;
4. Significantly decrease on-site parking requirements;
5. Reduce minimum yards or setbacks; or
6. Change traffic patterns.
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MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL, 4301 CITY POINT DRIVE
MARCH 7, 2019
CA SUP 2018-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM SOHAIL DHARANI FOR A SPECIAL USE PERMIT TO ALLOW
FUEL SALES AT 7605 BOULEVARD 26, BEING 0.6913 ACRES
DESCRIBED AS LOT 1, BLOCK 2, RICHLAND TERRACE ADDITION.
APPROVED
Chairman Justin Welborn introduced the item and called for Principal Planner
Clayton Husband to introduce the request. Mr. Husband introduced the request.
Sohail Dharani, 3001 Lackland Road, Fort Worth, Texas 76116, presented the
request.
Chairman Welborn called for Mr. Husband to present the staff report. Mr. Husband
presented the staff report.
Kelvin Deupree and Mr. Husband discussed the property's outdoor lighting pertaining
to the current development code standards.
Chairman Welborn and Mr. Husband discussed the special use permit expiration
date and how it would affect the land use.
Chairman Welborn called for anyone wishing to speak for or against the request to
come forward. There being no one wishing to speak, Chairman Welborn closed the
public hearing.
A MOTION WAS MADE BY COMMISSIONER DON BOWEN, SECONDED BY
COMMISSIONER KATHY LUPPY TO APPROVE SUP 2018-08.
MOTION TO APPROVE CARRIED 7-0.
March 07, 2019
Planning and Zoning Commission Meeting Minutes
Page 1 of 1
1q R.H
NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: TR 2019-01 , Ordinance No. 3574, Public hearing to consider
amendments to Section 118-1 (Definitions), Section 118-565
(Schedule of Permitted Uses by Character Zone), Section 118-631
(Table of Permitted Uses), Section 118-633 (Special Land Use
Regulations), and Section 118-711 (Alcoholic Beverages) of the
North Richland Hills Zoning Ordinance regarding alcohol related
uses.
PRESENTER: Clayton Comstock, Planning Director
SUMMARY:
Revisions are proposed to the zoning ordinance related to Section 118-1 (Definitions),
Section 118-565 (Schedule of Permitted Uses by Character Zone), Section 118-631
(Table of Permitted Uses), Section 118-633 (Special Land Use Regulations), and Section
118-711 (Alcoholic Beverages) of the North Richland Hills Zoning Ordinance regarding
alcohol related uses. The revisions would add and define several new land uses in the
zoning ordinance and provide associated development standards.
GENERAL DESCRIPTION:
The Development Review Committee (DRC) continually monitors building, land use, and
other development issues throughout the city. Over the last year there has been
increasing market interest in North Richland Hills for brewpubs, breweries, and similar
craft beer establishments.
In reviewing how these uses and other alcohol-related uses are addressed in the zoning
ordinance, the DRC noted the following:
• Inconsistent language between Chapter 118 (Zoning) and Chapter 6 (Alcoholic
Beverages) of the city code;
• Absence of definitions for individual land uses;
• Conflicting language in the land use tables and general standards; and,
• Lack of alignment between land uses and the state alcoholic beverage code.
These issues were discussed recently during work sessions by the Planning and Zoning
Commission (February 21) and City Council (March 4). The input from these work
sessions was used to develop the proposed revisions to the zoning ordinance.
1q R.H
NORTH KICHLAND HILLS
The zoning ordinance revisions described below are intended to address each of these
issues. The revisions would create clear definitions for each land use, provide consistent
terminology throughout the code, and assign objective use-specific standards to ensure
compatibility with surrounding areas.
Definitions
The zoning ordinance defines only one alcohol-related land use (bar/tavern), and this use
is not listed specifically in the table of permitted uses. In order to align the land uses with
current industry practices and state regulations, several new land uses are proposed.
The definition for each use is shown below. Each use will be listed separately in the table
of permitted uses for each zoning district. These definitions are proposed to differentiate
clearly among each land use type.
Bar means an establishment, licensed by the State for the sale of alcoholic beverages,that derives
75 percent (75%) or more of its gross revenue from the sale or service of alcoholic beverages for
on-premise consumption. (Reference Chapter 109,Texas Alcoholic Beverage Code,as amended).
Brewery means a facility that(1) manufactures, bottles, packages, and labels malt liquor, ale, and
beer, or(2)sells finished products to wholesalers/distributors,and/or(3) performs any other activity
authorized by Chapter 12, Brewer's Permit, of the Texas Alcoholic Beverage Code, as amended.
Brewpub means a facility that (1) manufactures, brews, bottles, cans, packages, and labels malt
liquor, ale, and beer, (2) sells or offers without charge malt liquor, ale or beer produced by the
brewpub to ultimate consumers for consumption on or off the premises, and/or (3) performs any
other activity authorized by Chapter 74, Brewpub License, of the Texas Alcoholic Beverage Code,
as amended.
Distillery means a facility that (1) manufactures, rectifies, purifies, and refines distilled spirits and
wines, (2) bottles, labels, packages, and sells finished products, (3) sells or offers without charge
distilled spirits and wines produced by the distillery to ultimate consumers for consumption on or
off the premises, and/or (4) performs any other activity authorized by Chapter 14, Distiller's and
Rectifier's Permit, of the Texas Alcoholic Beverage Code, as amended.
Tap Room means an establishment having as its principal or predominant use the retail sales of
malt liquor, ale, or beer for consumption on or off the premises, and that derives less than 75
percent (75%) of the establishment's gross revenue from the sale of malt liquor, ale, or beer from
on-premise consumption. Pre-packaged meals or full-service meals may be available for
consumption on the premises but are not the principal or predominant use of the establishment.
Wine Bar means an establishment having as its principal or predominant use the retail sales of
wine for consumption on or off the premises, and that derives less than 75 percent (75%) of the
establishment's gross revenue from the sale of wine from on-premise consumption. Pre-packaged
meals or full-service meals may available for consumption on the premises but are not the principal
or predominant use of the establishment.
Winery means a facility that (1) ferments juices from grapes and/or other fruit, (2) blends wines,
(3) manufactures, bottles, labels, and packages wine; and/or (4) performs any other activity
authorized by Chapter 16, Winery Permit, of the Texas Alcoholic Beverage Code, as amended.
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NORTH KICHLAND HILLS
General land uses
Currently, the table of permitted uses (Section 118-631) lists only microbrewery as a land
use, but this use is not defined. The microbrewery use would be removed from the zoning
ordinance. The proposed revisions would add each new land use noted above to the
table. The uses would require approval of a special use permit in the various zoning
districts.
The existing and proposed land use tables are shown below. For clarity, other uses and
the residential districts are not shown.
P=Permitted by Right Town Center
S=Special Use Permit Required
[Blank]=Not Permitted 0-1 LR C-1 C-2 0C 1-1 1-2 U AG 3
B=Defers to Base Zoning District w` o
G.RETAIL AND SERVICE USES
Alcoholic beverage sales on-premises-
more than 75 percent revenue(See S B
section 118-711)
J.MANUFACTURING AND INDUSTRIAL USES
Microbrewery S S S S S B
NIl
P=Permitted by Right Town Center
S=Special Use Permit Required
[Blank]=Not Permitted 0-1 LR C-1 C-2 0C 1-1 1-2 U AG v
v v '_
B=Defers to Base Zoning District w
G.RETAIL AND SERVICE USES
Brewpub,Tap Room,Wine Bar S S S S S B
Bar S B
J.MANUFACTURING AND INDUSTRIAL USES
Brewery,Distillery,Winery S S
Transit oriented development district land uses
The Transit Oriented Development (TOD) zoning district has a separate schedule of
permitted uses in Section 118-565 of the zoning ordinance. The proposed revisions would
add each new land use noted above to the TOD schedule of uses, located in Table 5.1
of that section. The uses would require approval of a special use permit in some of the
character zones and would not be permitted in others.
The proposed schedule of uses is shown below. The land use bar is added separately to
the schedule to ensure consistent use of terminology in all sections of the zoning
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NORTH KICHLAND HILLS
ordinance. Other references to alcoholic beverage sales are removed from the schedule
of uses.
Character Zone Historic TOD Core General TOD Arterial High
TOD Mixed Use Residential Mixed Use Intensity
(Iron Horse Mixed Use
Smithfield)
Land Use
Commercial Uses(Office&Retail Uses)
• Brewpub,Tap Room,Wine Bar SUP SUP SUP NP SUP SUP
Other Uses
• Bar SUP SUP NP NP SUP SUP
Special land use standards
Both the table of permitted uses and TOD schedule of uses include special standards for
specific land uses. The proposed revisions would add special land use standards for bars,
brewpubs, tap rooms, and wine bars.
Some of these provisions come from existing Section 118-711 (Alcoholic beverages) of
the zoning ordinance, which includes location standards related to establishments that
provide on-premise consumption.
Section 118-633 Special Land Use Regulations
(29)Alcohol-related uses are subject to the following standards.
Bar.A bar must be located at least 500 feet from another bar or a residence.The distance between
any two bars or a bar and a residence is measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure or occupied tenant space in
which the business or residence is located, as applicable.
Refer to Chapter 6 (Alcoholic Beverages) of the City Code for additional standards related to the
sale of alcoholic beverages.
Section 118-565 Schedule of Permitted Uses by Character Zone
Table 5.2- Use Criteria
Use Zone Location&Design Criteria
Non-Residential Uses
Refer to Chapter 6(Alcoholic Beverages)of the City Code for
Bar All additional standards related to thesale of alcoholic
beverages.
Sec. 118-711 Zoning Ordinance and Chapter 6 City Code (Alcoholic Beverages)
As noted above, Section 118-711 of the zoning ordinance includes location and reporting
standards related to establishments that provide on-premise consumption. The location
standards are moved to the special land use standards section noted above.
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NORTH KICHLAND HILLS
Chapter 6 (Alcoholic Beverages) of the city code includes similar reporting standards. For
the purpose of eliminating duplicate standards, these reporting standards would be
removed from the zoning ordinance (Section 118-711) and consolidated into Chapter 6.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will
hold a public hearing and consider this item at the March 21, 2019, meeting. If the
Commission issues a recommendation to City Council, staff will brief City Council of their
recommendation at the March 25, 2019, meeting.
RECOMMENDATION:
Approve Ordinance No. 3574.
ORDINANCE NO. 3574
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY
AMENDING SECTIONS 118-1 , 118-565, 118-631 , 118-633, AND
118-711 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS
CODE OF ORDINANCES AS THEY PERTAIN TO ALCOHOL-
RELATED USES; ESTABLISHING A PENALTY; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES
AND REPEAL OF CONFLICTING PROVISIONS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, new types of industries and land uses emerge that are not already defined
by the City; and,
WHEREAS, there is increasing market interest in craft beer, breweries, and similar
establishments in the region and in the City; and,
WHEREAS, the Planning and Zoning Commission has, after conducting a working
session and public hearing, made its recommendation for the following
amendment to the zoning ordinance; and,
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas has forwarded a
recommendation to the City Council for amendment of the City's zoning
ordinance as set forth herein; and,
WHEREAS, notice has been given and public hearings held as required for amendments
to the zoning ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
Section 1 : The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by deleting the definition of"bar/tavern"
in its entirety from Section 118-1 (Definitions) of Chapter 118 of the North
Richland Hills Code of Ordinances.
Ordinance No. 3574
Page 1 of 7
Section 2: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by adding the following definitions to
Section 118-1 (Definitions) of Chapter 118 of the North Richland Hills Code
of Ordinances:
Barmeans an establishment, licensed by the State for the sale of alcoholic
beverages, that derives 75 percent (75%)or more of its gross revenue from
the sale or service of alcoholic beverages for on-premise consumption.
(Reference Chapter 109, Texas Alcoholic Beverage Code, as amended).
Brewery means a facility that (1) manufactures, bottles, packages, and
labels malt liquor, ale, and beer; or (2) sells finished products to
wholesalers/distributors; and/or (3) performs any other activity authorized
by Chapter 12, Brewer's Permit, of the Texas Alcoholic Beverage Code, as
amended.
Brewpub means a facility that (1) manufactures, brews, bottles, cans,
packages, and labels malt liquor, ale, and beer; (2) sells or offers without
charge malt liquor, ale or beer produced by the brewpub to ultimate
consumers for consumption on or off the premises; and/or (3) performs any
other activity authorized by Chapter 74, Brewpub License, of the Texas
Alcoholic Beverage Code, as amended.
Distillery means a facility that (1) manufactures, rectifies, purifies, and
refines distilled spirits and wines; (2) bottles, labels, packages, and sells
finished products; (3) sells or offers without charge distilled spirits and
wines produced by the distillery to ultimate consumers for consumption on
or off the premises; and/or (4) performs any other activity authorized by
Chapter 14, Distiller's and Rectifier's Permit, of the Texas Alcoholic
Beverage Code, as amended.
Tap Room means an establishment having as its principal or predominant
use the retail sales of malt liquor, ale, or beer for consumption on or off the
premises, and that derives less than 75 percent (75%) of the
establishment's gross revenue from the sale of malt liquor, ale, or beer
from on-premise consumption. Pre-packaged meals or full-service meals
may be available for consumption on the premises but are not the principal
or predominant use of the establishment.
Ordinance No. 3574
Page 2 of 7
Wine Bar means an establishment having as its principal or predominant
use the retail sales of wine for consumption on or off the premises, and that
derives less than 75 percent (75%) of the establishment's gross revenue
from the sale of wine from on-premise consumption. Pre-packaged meals
or full-service meals may available for consumption on the premises but
are not the principal or predominant use of the establishment.
Winery means a facility that (1) ferments juices from grapes and/or other
fruit; (2) blends wines; (3) manufactures, bottles, labels, and packages
wine; and/or (4) performs any other activity authorized by Chapter 16,
Winery Permit, of the Texas Alcoholic Beverage Code, as amended.
Section 3: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by deleting the following land use from
Section 118-565 (Schedule of permitted uses by character zone),
Subsection (c) Schedule of Uses, Table 5.1 , of Chapter 118 of the North
Richland Hills Code of Ordinances:
Any establishment which derives more than 75 percent of its revenue
from the sale of alcoholic beverages and conforms to Chapter 6 of
the City Code of Ordinances
Section 4: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by revising the following land use,
Section 118-565 (Schedule of permitted uses by character zone),
Subsection (c) Schedule of Uses, Table 5.1 , of Chapter 118 of the North
Richland Hills Code of Ordinances to read as follows:
Retail Sales or Service with no drive through facility. Excluded from
this category are retail sales and services establishments geared
towards automobile related uses (see Section 118-563 of this
Ordinance for Definition of Retail Sales, Service Uses, and Auto-
Related Sales and Service Uses)
Ordinance No. 3574
Page 3 of 7
Section 5: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by adding the following land uses to
Section 118-565 (Schedule of permitted uses by character zone),
Subsection (c) Schedule of Uses, Table 5.1 , of Chapter 118 of the North
Richland Hills Code of Ordinances to read as follows:
Character Zone Historic TOD General Mixed TOD Arterial High Intensity
TOD Core Use(Iron Horse Residential Mixed Use Mixed Use
&Smithfield)
Land Use
Commercial Uses(Office&Retail Uses)
• Brewpub,Tap Room,Wine Bar SUP SUP SUP NP SUP SUP
Other Uses
• Bar SUP SUP NP NP SUP SUP
Section 6: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by adding the following to Section 118-
565 (Schedule of permitted uses by character zone), Subsection (c)
Schedule of Uses, Table 5.2 Use Criteria, of Chapter 118 of the North
Richland Hills Code of Ordinances to read as follows:
Table 5.2- Use Criteria
Use Zone Location&Design Criteria
Non-Residential Uses
Bar All Refer to Chapter 6(Alcoholic Beverages)of the City Code for
additional standards related to the sale of alcoholic beverages.
Section 7: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by deleting the following land uses from
Section 118-631(a) (Table of Permitted Uses) of Chapter 118 of the North
Richland Hills Code of Ordinances:
Ordinance No. 3574
Page 4 of 7
• Alcoholic beverage sales on-premises — more than 75 percent
revenue (See section 118-711)
• Microbrewery
Section 8: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by adding the following land uses to
Section 118-631(a) (Table of Permitted Uses) of Chapter 118 of the North
Richland Hills Code of Ordinances to read as follows:
SECTION 118-631:TABLE OF PERMITTED USES
P=Permitted by Right Town Center
S—Special Use Permit Required
[Blank]=Not Permitted 0-1 LR C-1 C-2 OC 1-1 1-2 U AG 3 8
v v '_
B—Defers to Base Zo Nng Dlstnct w c �5 v
G.RETAIL AND SERVICE USES
Brewpub,Tap Room,Wine Bar S S S S S B
Bar S B
J.MANUFACTURING AND INDUSTRIAL USES
Brewery,Distillery,Winery S S
Section 9: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by adding the following to Section 118-
633 (Legend for section 118-631 ; special land use regulations) of Chapter
118 of the North Richland Hills Code of Ordinances to read as follows:
(29) Alcohol-related uses are subject to the following standards.
a. Bar. A bar must be located at least 500 feet from another bar or a
residence. The distance between any two bars or a bar and a
residence is measured in a straight line, without regard to
intervening structures or objects, from the closest exterior wall of
the structure or occupied tenant space in which the business or
residence is located, as applicable.
Ordinance No. 3574
Page 5 of 7
b. Refer to Chapter 6 (Alcoholic Beverages) of the City Code for
additional standards related to the sale of alcoholic beverages.
Section 10: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by deleting Section 118-711 (Alcoholic
Beverage) of Chapter 118 of the North Richland Hills Code of Ordinances
and reserving said section for future use.
Section 11 : Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined an
amount not to exceed Two Thousand Dollars ($2,000). Each day any such
violation shall be allowed to continue shall constitute a separate violation
and be punishable hereunder.
Section 12: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
Section 13: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are
severable and, if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional or otherwise invalid by the final
judgment or decree of any court of competent jurisdiction, such invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been
enacted by the city council without the incorporation in this ordinance of any
such invalid phrase, clause, sentence, paragraph or section.
Section 14: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in the
Code of Ordinances of the City of North Richland Hills that have accrued at
the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
Section 15: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Ordinance No. 3574
Page 6 of 7
Section 16: This ordinance shall be in full force and effect upon publication as required
by Section 15 herein.
AND IT IS SO ORDAINED.
Passed on this 25th day of March, 2019.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
Approved as to content:
Clayton Comstock, Planning Director
Approved as to form and legality:
Maleshia McGinnis, City Attorney
Ordinance No. 3574
Page 7 of 7
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NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: TR 2019-02, Ordinance No. 3575, Public hearing to consider
amendments to Article II Administration and Article III Site Plans of
the North Richland Hills Zoning Ordinance regarding the expiration
and withdrawal of applications.
PRESENTER: Clayton Comstock, Planning Director
SUMMARY:
Revisions are proposed to the zoning ordinance related to Article II Administration and
Article III Site Plans. The revisions would add language to address expired applications
related to zoning changes, special use permits, site plans, and the Zoning Board of
Adjustment.
GENERAL DESCRIPTION:
Development and building codes typically include expiration dates for applications. These
provisions exist to ensure that applications actively progress through the development
process in a timely manner.
The North Richland Hills building codes and subdivision regulations include standards for
the expiration of applications for building permits and subdivision plats. However, the
zoning ordinance does not include standards related to inactive applications or an
expiration period for the applications. In order to ensure consistency in procedures
between the codes, a revision to the zoning ordinance is proposed to add language to
address expired applications related to zoning changes, special use permits, site plans,
and the Zoning Board of Adjustment.
The proposed text amendments to the zoning ordinance are below. The language in
Article II, Section 118-180 is modified from the original text. The language in Article II,
Division 7 and Article III, Section 118-243 is new text to be added to the zoning ordinance.
ARTICLE H- ADMINISTRATION
DIVISION 5.—AMENDMENTS
Sec. 118-180. —Withdrawal.
Any proposal or application may be withdrawn in accordance with Division 7,Application Expiration.
DIVISION 7.—APPLICATION EXPIRATION
Sec. 118-204. —Generally.
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NORTH KICHLAND HILLS
This section applies to any application required by Article 11, Administration. The intent of this
section is to extinguish applications that become expired due to inaction by the applicant.
Sec 118-205. — Expiration of inactive applications.
(a) Time limit. All applications required by Chapter 118 Article 11, Administration shall be reviewed by
the Enforcement officer as defined in Section 118-1 of the Zoning Ordinance and by the
Development Review Committee (DRC).When action by an applicant is required for processing an
application, e.g., revisions are requested after administrative review, the Enforcement officer shall
notify the applicant in writing and provide in such notice that the application shall expire 180 days
after the date of the notice if
(1)The applicant fails to respond in accordance with the notice, or
(2) The applicant fails to request an extension of time pursuant to Sec. 118-207 of this section.
(b) Refund.Applicants whose inactive applications become expired will receive a refund of fifty percent
(50%)of the application fee.
(c) Expired application. For the purposes of this section, an application is considered expired if the
applicant fails to comply with subsection (a) above.
Sec 118-206. — Effect of expiration.
An expired application shall become null and void,and shall not require any further notice or activity
by the City. The Enforcement officer will treat as a new submittal any application for a property
associated with an expired application, subject to the requirements in effect at the time of the most
recent filing.
Sec 118-207. — Extension of time.
The Enforcement officer may grant an extension of time, for good cause shown, and based on
good faith reasons as provided by the applicant. The application automatically expires after the
extension period if no actions are taken on the application.
ARTICLE III— SITE PLANS
Sec 118-243. — Expiration of inactive applications.
Inactive applications will be processed according to the procedures established in Article 11, Division
7-Application expiration.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
conducted a public hearing and considered this item at the March 7, 2019, meeting and
voted 7-0 to recommend approval.
RECOMMENDATION:
Approve Ordinance No. 3575.
ORDINANCE NO. 3575
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY
AMENDING ARTICLE II ADMINISTRATION AND ARTICLE III SITE
PLANS OF THE NORTH RICHLAND HILLS CODE OF
ORDINANCES AS THEY PERTAIN TO EXPIRED AND
WITHDRAWAL OF APPLICATIONS; ESTABLISHING A PENALTY;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has after conducting a public hearing
has made its recommendation for the following amendment to the zoning
ordinance; and,
WHEREAS, after appropriate notice and public hearing, the Planning and Zoning
Commission of the City of North Richland Hills, Texas has forwarded a
recommendation to the City Council for amendment of the City's zoning
ordinance as set forth herein; and,
WHEREAS, notice has been given and public hearings held as required for amendments
to the zoning ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
Section 1 : The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by revising Section 118-180
(Withdrawal) of Chapter 118 of the North Richland Hills Code of Ordinances
to read as follows:
Sec. 118-180. — Withdrawal.
Any proposal or application may be withdrawn in accordance with
Division 7, Application Expiration.
Ordinance No. 3575
Page 1 of 5
Section 2: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by adding the following section to Article
II Administration of Chapter 118 of the North Richland Hills Code of
Ordinances to read as follows:
DIVISION 7. — APPLICATION EXPIRATION
Sec. 118-204. — Generally.
This section applies to any application required by Article II,
Administration. The intent of this section is to extinguish applications that
become expired due to inaction by the applicant.
Sec 118-205. — Expiration of inactive applications.
(a) Time limit. All applications required by Chapter 118 Article II,
Administration shall be reviewed by the Enforcement officer as
defined in Section 118-1 of the Zoning Ordinance and by the
Development Review Committee (DRC). When action by an
applicant is required for processing an application, e.g., revisions are
requested after administrative review, the Enforcement officer shall
notify the applicant in writing and provide in such notice that the
application shall expire 180 days after the date of the notice if:
(1) The applicant fails to respond in accordance with the notice; or
(2) The applicant fails to request an extension of time pursuant to
Sec. 118-207 of this section.
(b) Refund. Applicants whose inactive applications become expired will
receive a refund of fifty percent (50%) of the application fee.
(c) Expired application. For the purposes of this section, an application
is considered expired if the applicant fails to comply with subsection
(a) above.
Sec 118-206. — Effect of expiration.
An expired application shall become null and void, and shall not require
any further notice or activity by the City. The Enforcement officer will treat
as a new submittal, any application for a property associated with an expired
application, subject to the requirements in effect at the time of the most
recent application filing.
Ordinance No. 3575
Page 2 of 5
Sec 118-207. — Extension of time.
The Enforcement officer may grant an extension of time, for good cause
shown, and based on good faith reasons as provided by the applicant. The
application automatically expires after the extension period if no actions are
taken on the application.
Sec. 118-208. — Withdrawal.
Any proposal or application may be withdrawn by the applicant at any
time.
Section 3: The Comprehensive Zoning Ordinance and Code of Ordinances of the City
of North Richland Hills be amended by adding the following section to Article
111 Site Plans of Chapter 118 of the North Richland Hills Code of Ordinances
to read as follows:
Sec 118-243. — Expiration of inactive applications.
Inactive applications will be processed according to the procedures
established in Article 11, Division 7 - Application Expiration.
Section 4: Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined an
amount not to exceed Two Thousand Dollars ($2,000). Each day any such
violation shall be allowed to continue shall constitute a separate violation
and be punishable hereunder.
Section 5: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
Section 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are
severable and, if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional or otherwise invalid by the final
Ordinance No. 3575
Page 3 of 5
judgment or decree of any court of competent jurisdiction, such invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been
enacted by the city council without the incorporation in this ordinance of any
such invalid phrase, clause, sentence, paragraph or section.
Section 7: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in the
Code of Ordinances of the City of North Richland Hills that have accrued at
the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
Section 8: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 9: This ordinance shall be in full force and effect upon publication as required
by Section 8 herein.
AND IT IS SO ORDAINED.
Passed on this 25th day of March, 2019.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
Ordinance No. 3575
Page 4 of 5
Approved as to content:
Clayton Comstock, Planning Director
Approved as to form and legality:
Maleshia McGinnis, City Attorney
Ordinance No. 3575
Page 5 of 5
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL, 4301 CITY POINT DRIVE
MARCH 7, 2019
C.2 TR 2019-02 PUBLIC HEARING TO CONSIDER AMENDMENTS TO
ARTICLE II ADMINISTRATION AND ARTICLE III SITE PLANS OF THE
NORTH RICHLAND HILLS ZONING ORDINANCE REGARDING THE
EXPIRATION AND WITHDRAWAL OF APPLICATIONS.
APPROVED
Chairman Justin Welborn introduced the item, opened the public hearing, and called
for Planning Director Clayton Comstock to present the request. Mr. Comstock
presented the request.
Vice Chairman Jerry Tyner, Ex-Officio Kelvin Deupree, Commissioner Mason Orr,
Commissioner Don Bowen, and Mr. Comstock discussed the process by which
applications may expire per the proposal as well as how applicants can avoid having
applications administratively withdrawn. Mr. Comstock stated if an applicant is still in
contact with staff within reasonable periods of time, the application will likely not
expire.
Ex-Officio Deupree and Mr. Comstock discussed what would initiate a thirty day
extension after the project expired.
John Pitstick, on behalf of Beaten Path Development and Our Country Homes, 700
W Harwood Road, Hurst, Texas 76054, stated his support of the request and asked
staff to be considerate of issues outside of the applicant's control.
Chairman Welborn called for anyone else wishing to speak for or against the request
to come forward. There being no one else wishing to speak, Chairman Welborn
closed the public hearing.
Commissioner Bowen assured the public that staff and the City of North Richland
Hills is pro-development.
March 07, 2019
Planning and Zoning Commission Meeting Minutes
Page 1 of 2
A MOTION WAS MADE BY COMMISSIONER SARAH OLVEY, SECONDED BY VICE
CHAIRMAN JERRY TYNER TO APPROVE TR 2019-02.
MOTION TO APPROVE CARRIED 7-0.
March 07, 2019
Planning and Zoning Commission Meeting Minutes
Page 2 of 2
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NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Consider Ordinance No. 3576, amending Code of Ordinances
Chapter 6, Alcoholic Beverages, Article I, In General, regarding
permit requirements for certain establishments selling alcoholic
beverages.
PRESENTER: Clayton Comstock, Planning Director
GENERAL DESCRIPTION:
The Development Review Committee (DRC) continually monitors building, land use, and
other development issues throughout the city. Over the last year there has been
increasing market interest in North Richland Hills for brewpubs, breweries, and similar
craft beer establishments.
In reviewing how these uses and other alcohol-related uses are addressed in the zoning
ordinance, the DRC noted that inconsistent language exists between Chapter 118
(Zoning) and Chapter 6 (Alcoholic Beverages) of the city code. Section 118-711 of the
zoning ordinance includes location and reporting standards related to establishments that
provide on-premise consumption. In addition, Chapter 6 (Alcoholic Beverages) of the city
code includes similar reporting standards.
For the purpose of eliminating the duplicate standards, the attached ordinance would
consolidate these reporting standards into Chapter 6. A proposed revision to the zoning
ordinance is a related item on the March 25, 2019, agenda (see TR 2019-01, Ordinance
No. 3474).
These issues were discussed recently during work sessions by the Planning and Zoning
Commission (February 21) and City Council (March 4). The input from these work
sessions was used to develop the proposed revisions to the zoning ordinance and
Chapter 6.
RECOMMENDATION:
Approve Ordinance No. 3576.
ORDINANCE NO. 3576
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE I, ALCOHOLIC
BEVERAGES OF THE NORTH RICHLAND HILLS CODE OF
ORDINANCES AS THEY PERTAIN TO PERMIT REQUIREMENTS
FOR ALCOHOL-RELATED USES; ESTABLISHING A PENALTY;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, inconsistent language exists between the Comprehensive Zoning
Ordinance and Chapter 6, Alcoholic Beverages as it relates to reporting
requirements for certain establishments selling alcoholic beverages ; and,
WHEREAS, an updated set of procedures and standards is being recommended to
eliminate duplicate language and consolidate said procedures and
standards into Chapter 6; and,
WHEREAS, the City Council finds that revisions to the ordinance are necessary to
protect the public health and safety and provide consistency in permitting
and reporting requirements for certain establishments selling alcoholic
beverages.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
Section 1 : The facts and recitations set forth in the preamble of this Ordinance are
hereby found to be true and correct and are incorporated herein into this
Ordinance.
Section 2: That Chapter 6, Alcoholic Beverages, Article I, In General, Section 6.2,
Permit required for certain establishments selling alcoholic beverages, of
the North Richland Hills Code of Ordinances shall be amended and restated
to read as follows:
Sec. 6.2. — Zoning compliance.
(a) A person may not sell alcoholic beverages and a license or
permit to sell alcoholic beverages will not be certified by the City
Ordinance No. 3576
Page 1 of 4
unless the sale of alcoholic beverages at the location at which
such activity is sought to be established and maintained is
permitted under the North Richland Hills zoning ordinance, as
amended, this chapter, and all other applicable ordinances,
rules, and regulations of the City. Certification under this section
does not make a nonconforming use conforming.
(b) The sale of alcoholic beverages is prohibited for any
establishment that is also a sexually oriented business.
Section 3: That Chapter 6, Alcoholic Beverages, Article I, In General, of the North
Richland Hills Code of Ordinances shall be amended by adding the
following:
Sec. 6-3. — Reporting requirement.
(a) The owner, operator, or person in control of an establishment
licensed by the State for on-premise alcoholic beverage
consumption shall provide sales tax information to the City to
verify compliance with zoning regulations no later than April 1st
of each year. The information must include gross sales for the
establishment, gross sales of alcoholic beverages, a copy of the
filings supplied to the State of Texas for sales tax, and a copy of
any mixed beverage sales tax returns. The information must
cover the preceding calendar year.
(b) The information may be marked `confidential' and limited by the
provider to use in enforcement of these requirements.
(c) Penalty for violation. Any person, firm or corporation violating
any provision of this chapter shall be deemed guilty of a
misdemeanor and upon final conviction thereof fined in an
amount not to exceed the limit set out in Section 1-13. Each day
any such violation shall be allowed to continue shall constitute a
separate violation punishable hereunder.
(d) Rights and remedies. All rights and remedies of the city are
expressly saved as to any and all violations of the provisions of
any ordinances affecting health and safety which have accrued
at the time of the effective date of the ordinance from which this
section is derived; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected
Ordinance No. 3576
Page 2 of 4
by this section, but may be prosecuted until final disposition by
the courts.
Secs. 6-4 — 6-30. Reserved.
Section 4: Any person who violates any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
an amount not to exceed the limit set out in Section 1-13. Each day any
such violation shall be allowed to continue shall constitute a separate
violation and be punishable hereunder.
Section 5: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
Section 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are
severable and, if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional or otherwise invalid by the final
judgment or decree of any court of competent jurisdiction, such invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been
enacted by the city council without the incorporation in this ordinance of any
such invalid phrase, clause, sentence, paragraph or section.
Section 7: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in the
Code of Ordinances of the City of North Richland Hills that have accrued at
the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
Section 8: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 9: This ordinance shall be in full force and effect upon publication as required
by Section 8 herein.
AND IT IS SO ORDAINED.
Ordinance No. 3576
Page 3 of 4
Passed on this 25th day of March, 2019.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
Approved as to form and legality:
Maleshia McGinnis, City Attorney
Ordinance No. 3576
Page 4 of 4
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NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Consider Resolution No. 2019-018, authorizing the City Manager to
execute and deliver a Continuing Disclosure Agreement between the
City of North Richland Hills and the Trinity River Authority of Texas.
PRESENTER: Mark Mills, Director of Finance
SUMMARY:
The Trinity River Authority ("TRA") has requested that the city execute an update to its
current Continuing Disclosure Agreement ("CDA"), resulting from changes to SEC Rule
15c2-12.
GENERAL DESCRIPTION:
Continuing Disclosure is the statutory requirement to periodically disclose material
information relating to municipal securities. Such disclosures include, but are not limited
to, annual financial information, certain operating information and notices of specified
events. In accordance with Security and Exchange Commission ("SEC") rules, these
disclosures are required to be provided by the issuer or obligator of the securities to the
Municipal Securities Rulemaking Board ("MSRB") for the benefit of bondholders. When
TRA issued debt for the Walker Calloway project, the city entered into a CDA with TRA
as part of the bond resolution. As an obligated party on TRA's bonds, the city is the
main credit source for repayment of the obligation and both TRA and the city have
responsibilities related to the SEC rules.
Because of revisions to Rule 15c2-12, particularly those enacted in 2018, TRA is in the
process of updating CDA's with each of its customers. This change will require the city
to provide information to the MSRB on a continuing basis:
1 . Certain annual financial and operating information and audited financial
statements, if/when available;
2. Timely notice of the occurrence of certain events including the two events added
by recent Rule 15c2-12 amendment:
a. Incurrence of a financial obligation (considered debt, debt-like, or debt-
related), of the obligated person, if material, or agreement to covenants,
events of default, remedies, priority rights, or other similar terms of a
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NORTH RICHLAND HILLS
financial obligation of the obligated person, any of which affect security
holders, if material; and
b. Default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a financial obligation of the
obligated person, any of which reflect financial difficulties; and
3. Timely notice of the failure of an issuer or customer entity to provide required
annual financial information on or before the date specified in the continuing
disclosure agreement.
Because the Rule 15c2-12 change includes a requirement of materiality, TRA believes
each customer is in a better position than TRA to determine whether the city's
incurrence of a financial obligation is material, based on whether the information would
be important to the total mix of information made available to investors. In making the
determination of materiality, staff will work closely with Hilltop Securities, the city's
financial advisor, and Norton Rose Fulbright, the city's bond counsel.
Three documents are included in this item for council's consideration.
1 . TRA Executive Summary Regarding Continuing Disclosure Rule 15c2-12;
2. Resolution Authorizing the Execution and Delivery of a Continuing Disclosure
Agreement;
3. Continuing Disclosure Agreement 2019.
These documents have been reviewed and approved by the Finance Department, the
City Attorney, the city's financial advisor, and the city's bond counsel.
RECOMMENDATION:
Approve Resolution No. 2019-018.
Trinity River Authority of Texas
General Office
January 8, 2019
To: Trinity River Authority Customer Entity
Re: Continuing Disclosure Rule 15c2-12
Dear Customer:
The Securities and Exchange Commission (SEC) Rule 15c2-12 of the Securities
Exchange Act requires that municipal security issuers provide certain information to the
Municipal Securities Rulemaking Board (MSRB) about their securities on an ongoing
basis. To meet this requirement, the Authority has had Continuing Disclosure
Agreements (CDA) as a part of each bond resolution, as well as with each customer
entity, since the rule has been in effect. The Authority and the customer have
responsibilities related to this SEC rule. As obligated persons on Authority bonds, the
customer is the main credit source for repayment of the obligations on Authority bonds.
Required continuing disclosure consists of important information that reflects the
financial health and operating condition of the customer entity as long as the customer is
obligated for Authority revenue bonds. Because of revisions to the Rule 15c2-12 over
the years but, especially the 2018 revisions, the Authority is in the process of updating
CDA's with each customer. The updated agreements clarify the information to be
provided by each customer, as it relates to only that customer. The rule and, therefore,
these agreements include three items required to be provided to the MSRB by customer
entities:
1. Certain annual financial and operating information and audited financial
statements, if/when available;
2. Timely notice of the occurrence of certain events including the two events added
by recent Rule 15c2-12 amendment:
a) Incurrence of a financial obligation (considered debt, debt-like, or debt-
related), of the obligated person, if material, or agreement to covenants, events
of default, remedies, priority rights, or other similar terms of a financial obligation
of the obligated person, any of which affect security holders, if material; and
b) Default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a financial obligation of the obligated
person, any of which reflect financial difficulties; and
3. Timely notice of the failure of an issuer or customer entity to provide required
annual financial information on or before the date specified in the continuing
disclosure agreement
P.O. Box 60
Arlington,Texas 76004
Metro: (817) 467-4343
Fax: (817) 557-2612
Importantly, the first of the new events (2.a above) includes a requirement of materiality.
The SEC included the requirement of materiality because "it provides a framework for
issuers and obligated persons to assess their disclosure obligations in the context of the
specific facts and circumstances. TRA believes each customer entity is in a better
position than TRA to determine whether the city's incurrence of a financial obligation is
material and each determination should be based on whether the information would be
important to the total mix of information made available to your investors. Therefore, we
have clarified the type of information that would be required to be filed with respect to
these new events to "only those events which relate to or impact the credit of the
Authority's Bonds." For example, the Authority's Bonds are secured by payments by the
city under the contract between the Authority and the city; such payments constitute an
operating expense of the city's water and sewer system. Therefore, notice of events
which impact the city's water and sewer system may require a filing to be made if the city
concludes that it is material under the Rule. Events affecting the city's general obligation
or tax-supported debt obligations would not require a filing to be made because they do
not relate to or impact the credit of the Authority's Bonds.
All disclosures related to Authority revenue bonds must be linked to Authority CUSIPs.
The Authority will provide these CUSIP numbers to the customer entity each fiscal year.
Attached is the revised CDA and a suggested form of resolution for your council to
approve this CDA. Please review the material with your bond counsel and financial
advisor. Because of the time sensitive nature of the amendments to the SEC Rule, we
would ask that this CDA be placed on your council's agenda for approval by March 15,
2019. Please mail the executed agreement and resolution to me at the address on the
previous page. Also, email a copy of the documents to me at mackeya(ctrinityra.org if
possible.
Please do not hesitate to call me at (817) 493-5118 or email me if you have questions or
concerns.
Respectfully,
Alison A. Mackey
Chief Financial Officer
Trinity River Authority of Texas
RESOLUTION NO. 2019-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, AUTHORIZING THE EXECUTION
AND DELIVERY OF A CONTINUING DISCLOSURE
AGREEMENT.
WHEREAS, the City of North Richland Hills(the "City"), Texas and the Trinity River
Authority of Texas (the "Issuer") have heretofore entered into, and may in the future
enter into, contracts relating to the provision of facilities and/or services by the
Issuer for the benefit of the City; and
WHEREAS, in connection with the financing of the facilities and/or services
provided by the Issuer for the benefit of the City, the Issuer has, and/or will, from
time to time authorize, issue and deliver bonds (the "Bonds") of the Issuer
supported by payments to be made by the City pursuant to such contracts; and
WHEREAS, the United States Securities and Exchange Commission has adopted
Rule 15c2-12, as amended from time to time (the 'Rule"); and
WHEREAS, the Rule provides that a broker, dealer or municipal securities dealer
of Bonds issued after the effective dates set forth in the Rule, may not purchase
or sell Bonds in connection with an offering thereof unless, prior to the purchase
or sale thereof, 'obligated persons", or entities acting on behalf of 'obligated
persons", have undertaken to provide certain updated financial information and
operating data annually, and timely notice of specified material events, to certain
information vendors; and
WHEREAS, the Issuer and the City heretofore entered into a Continuing
Disclosure Agreement, as amended, in conformance with the Rule (the "Original
CDA"); and
WHEREAS, in order to reflect the Rule, as recently amended, and provide
adequate flexibility to accommodate any subsequent amendments to the Rule, it
is deemed appropriate and necessary to enter into a new Continuing Disclosure
Agreement (the "CDA"), which supercedes the Original CDA; and
WHEREAS, it is the intent of both the Issuer and the City that any and all
obligations and/or duties of the respective party under the Original CDA with
respect to any heretofore issued series of Bonds shall continue to be observed as
carried forward into the CDA; and
WHEREAS, in order to comply with the Rule and facilitate the future issuance of
Bonds, the City and the Issuer have agreed that it is deemed appropriate and
necessary to enter into the CDA hereinafter authorized to be executed and
delivered.
Resolution No.2019-018
Pane 1 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS THAT:
Section 1 . That the recitals set forth in the preamble hereof are incorporated
herein and shall have the same force and effect as if set forth in this
Section.
Section 2. That the Mayor or the Mayor Pro Tern of the North Richland Hills City
Council or the City Manager of the City of North Richland Hills is
hereby authorized and directed to execute and deliver, and the City
Secretary of the City of North Richland Hills is authorized and
directed to attest, the CDA substantially in the form and substance
attached hereto.
Section 3. That the Mayor or the Mayor Pro Tern of the City of North Richland
Hills City Council or the City Manager of the City of North Richland
Hills is hereby authorized and directed to execute and deliver, and
the City Secretary of the City of North Richland Hills is authorized
and directed to attest, any amendment or supplement to the CDA
hereinafter required or appropriate in response to further amendment
of the Rule in order to maintain compliance with the requirements of
the Rule.
Section 4. That the CDA, and any amendment or supplement thereof, shall
become effective and enforceable in accordance with its terms
immediately upon execution and delivery thereof for all intents and
purposes.
Section 5. That each of the officers and members of the City Council was duly
and sufficiently notified officially and personally, in advance, of the
time, place and purpose of the meeting at which this Resolution was
introduced, and that said Resolution would be introduced and
considered for passage at said meeting, and each of said officers
and members consented, in advance, to the holding of said meeting
for such purpose, and that said meeting was open to the public and
public notice of the time, place and purpose of said meeting was
given, all as required by the Texas Government Code, Chapter 551.
AND SO IT IS RESOLVED.
PASSED AND APPROVED this the 25th day of March, 2019.
CITY OF NORTH RICHLAND HILLS,
TEXAS
Resolution No.2019-018
Pane 2 of 3
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mark C. Mills, Director of Finance
Resolution No.2019-018
Pane 3 of 3
CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement (the "Agreement"), dated as of March 25, 2019 is
executed and delivered by the Trinity River Authority of Texas (the "Authority") and the City of North
Richland Hills, Texas (the "City") in connection with the issuance, from time to time, of the Authority's
bonds (`Bonds") with respect to which the City is an "obligated person" (defined below). The
information to be provided consists of: (i) certain annual financial and operating information and audited
financial statements, if available; (ii) timely notices of the occurrence of certain events and (iii) timely
notices of the failure of the Authority or City to provide required annual financial information on or
before the date specified herein. Terms not defined herein have the meaning assigned in the Rule(defined
below).
SECTION 1. Definitions.
As used in this Agreement, the following terms have the meanings ascribed to such terms below:
"Financial Obligation" has the meaning assigned in the Rule. For convenience, such definition
means (a) a debt obligation; (b) a derivative instrument entered into in connection with, or pledged as
security or a source of payment for, an existing or planned debt obligation; or (c) a guarantee of(a) or (b)
above. Pursuant to the Rule, the term Financial Obligation does not include municipal securities for
which a final official statement has been provided to the MSRB consistent with the Rule.
"MSRB" means the Municipal Securities Rulemaking Board and any successor to its duties.
"Obligated Person" means any person, including an issuer of municipal securities, who is either
generally or through an enterprise, fund, or account of such person committed by contract or other
arrangement to support payment of all, or part of the obligations on the municipal securities to be sold
(other than providers of municipal bond insurance, letters of credit, or other liquidity facilities). With
respect to the Authority's Bonds,the City is an"obligated person."
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission and any successor to its
duties.
SECTION 2. Annual Reporting; Obligations of City.
(a) Information Specified in the Authority's Official Statements. The City shall provide to the
MSRB via its Electronic Municipal Market Access System ("EMMA"), on an annual basis, financial
information and operating data pertaining to the City as specified and included in Appendix B of any final
official statement relating to the Authority's Bonds. Such information shall be (i) filed with the MSRB
within six months after the end of each of its fiscal years ending on or after 2019 and(ii) in an electronic
format that is prescribed by the MSRB. The City may provide such information directly or through an
agent designated by the City, if the City has designated such agent, or through an agent designated by the
Authority.
(b) Annual Financial Statements. The City shall provide to the MSRB its audited financial
statements when and if available, and in any event, within twelve months after the end of each fiscal year
ending in or after 2019. If the audit of the City's financial statements is not complete within twelve
months after any such fiscal year end, then the City shall file unaudited financial statements within such
twelve month period and audited financial statements for the applicable fiscal year, when and if the audit
report on such statements becomes available. Any financial statements to be provided shall be
(1)prepared in accordance with the accounting principles described in the notes to the financial
statements or such other accounting principles as the City may be required to employ from time to time
pursuant to state law or regulation, and (2) audited, if the City commissions an audit of such statements
and the audit is completed within the period during which it must be provided.
(c) If the City changes its fiscal year, it will notify the MSRB in writing of the change(and
of the date of the new fiscal year end) prior to the next date by which the City otherwise would be
required to provide financial information and operating data pursuant to this Section.
(d) The financial information and operating data to be provided pursuant to this Section (i)
shall be filed either directly by the City or through an authorized agent and (ii) may be set forth in full in
one or more documents or may be incorporated by specific reference to any document or specific part
thereof(including an official statement or other offering document,if it is available from the MSRB)that
has been provided to the MSRB.
(e) The City shall provide, in a timely manner, notice of any failure by the City to provide
annual financial statements and operating data in accordance with this Section to the MSRB and the
Authority.
(f) All documents provided to the MSRB shall be accompanied by identifying information as
prescribed by the MSRB and shall be linked to all CUSIPs for all of the Authority's Bonds. The Authority
agrees to provide the City with all CUSIP numbers to Bonds for which the City is an obligated person
within ten business days after this Agreement has been executed by both parties and, in the case of future
Bond issues, within ten days of closing on such Bonds.
SECTION 3. Notice of Certain Events.
(a) The City shall notify the MSRB in an electronic format as prescribed by the MSRB, in a
timely manner (but not in excess of ten Business Days after the occurrence of the event) of any of the
following events that relate to the City and with respect to the Authority's Bonds:
(1)Principal and interest payment delinquencies;
(2)Non-payment related defaults,if material;
(3)Unscheduled draws on debt service reserves reflecting financial difficulties;
(4)Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers, or their failure to perform;
(6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or
final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other
material notices or determinations with respect to the tax status of the security, or other material
events affecting the tax status of the security;
(7)Modifications to rights of security holders,if material;
(8)Bond calls,if material, and tender offers;
(9)Defeasances;
2
(10) Release, substitution, or sale of property securing repayment of the securities, if
material;
(11)Rating changes;
(12) Bankruptcy, insolvency,receivership or similar event of the City;
(13) The consummation of a merger, consolidation, or acquisition involving the City or
the sale of all or substantially all of the assets of the City, other than in the ordinary course of
business, the entry into a definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its terms, if material;
(14) Appointment of a successor or additional trustee or the change of name of a trustee,
if material;
(15) Incurrence of a Financial Obligation of the City, if material, or agreement to
covenants, events of default, remedies, priority rights, or other similar terms of a Financial
Obligation of the City, any of which affect security holders,if material; and
(16) Default, event of acceleration, termination event, modification of terms, or other
similar events under the terms of a Financial Obligation of the City, any of which reflect financial
difficulties.
(b) For the purposes of the event identified in (a)(12) above, the event is considered to occur
when any of the following occur: The appointment of a receiver, fiscal agent or similar officer for the
City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal
law in which a court or governmental authority has assumed jurisdiction over substantially all of the
assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing
body and officials or officers in possession but subject to the supervision and orders of a court or
governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or
liquidation by a court or governmental authority having supervision or jurisdiction over substantially all
of the assets or business of the City.
(c) All documents provided to the MSRB shall be accompanied by identifying information as
prescribed by the MSRB and shall be linked to all CUSIPs for all of the Authority's Bonds. The Authority
agrees to provide the City with all CUSIP numbers to Bonds for which the City is an obligated person
within ten business days after this Agreement has been executed by both parties and, in the case of future
Bond issues, within ten business days of closing on such Bonds.
(d) For purposes of this Section, and particularly with the events described in (a)(15) and
(a)(16), the City shall make filings for only those events which relate to or impact the credit of the
Authority's Bonds. For example, the Authority's Bonds are secured by payments by the City under the
contract between the Authority and the City; such payments constitute an operating expense of the City's
water and sewer system. Therefore, notice of events which impact the City's water and sewer system may
require a filing to be made if the City concludes that it is material under the Rule. Events affecting the
City's general obligation or tax-supported debt obligations would not require a filing to be made because
they do not relate to or impact the credit of the Authority's Bonds. The Authority will defer to the City to
make its own determination of materiality with respect to the events listed above.
(e) The City will also notify the Authority at the time of the filing of any event disclosures filed
with the MSRB.
3
SECTION 4. Limitations, Disclaimers, and Amendments.
The Authority shall ensure each of its bond resolutions contains an agreement requiring the
Authority to comply with the Rule. The Authority and the City shall be obligated to observe and perform
the covenants specified in this Agreement for so long as, but only for so long as, the City remains an
"obligated person" with respect to Bonds within the meaning of the Rule, except that the Authority in any
event will give notice to the City of any deposit made that causes Bonds no longer to be outstanding.
The provisions of this Agreement are for the sole benefit of (and may be enforced by) the
bondholders and beneficial owners of Bonds and the parties to this Agreement, and nothing in this
Agreement, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim
hereunder to any other person. The Authority and the City undertake to provide only the financial
information, operating data, financial statements, and notices which each has expressly agreed to provide
pursuant to this Agreement and do not hereby undertake to provide any other information that may be
relevant or material to a complete presentation of the Authority's or the City's financial results, condition,
or prospects or hereby undertake to update any information provided in accordance with this Agreement
or otherwise, except as expressly provided herein. Neither the Authority nor the City make any
representation or warranty concerning such information or its usefulness to a decision to invest in or sell
Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE AUTHORITY OR THE CITY, BE LIABLE TO
THE BONDHOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY
BREACH BY THE AUTHORITY OR THE CITY, RESPECTIVELY, WHETHER NEGLIGENT OR
WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS AGREEMENT, BUT
EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON
ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS
OR SPECIFIC PERFORMANCE.
No default by the Authority or the City in observing or performing their respective obligations
under this Agreement shall comprise a breach of or default under any resolution of the Authority
authorizing the issuance of Bonds, or any contract relating thereto,for purposes of any other provision of
this Agreement. Nothing in this Agreement is intended or shall act to disclaim, waive, or otherwise limit
the duties of the Authority or the City under federal and state securities laws.
With the consent of the other party, the provisions of this Agreement may be amended by the
Authority or the City from time to time to adapt to changed circumstances that arise from a change in
legal requirements, a change in law, or a change in the identity,nature, status, or type of operations of the
Authority or the City, but only if (1) the provisions of this Agreement, as so amended, would have
permitted an underwriter to purchase or sell Bonds in the primary offering of Bonds in compliance with
the Rule,taking into account any amendments or interpretations of the Rule since such offering as well as
such changed circumstances and (2) either (a) the bondholders or beneficial owners of a majority in
aggregate principal amount(or any greater amount required by any other provision of this Agreement that
authorizes such an amendment) of outstanding Bonds consent to such amendment or (b) an entity that is
unaffiliated with the Authority or the City (such as nationally recognized bond counsel) determines that
such amendment will not materially impair the interest of the bondholders and beneficial owners of
Bonds and is permitted by the terns of the Agreement. If the Authority or the City so amend the
provisions of this Agreement in connection with the financial or operating data which it is required to
disclose under Section 2 hereof, the City shall provide a notice of such amendment to be filed together
with an explanation, in narrative form, of the reason for the amendment and the impact of any change in
the type of financial information or operating data to be so provided. The Authority or the City may also
4
amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the
applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the
Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an
underwriter from lawfully purchasing or selling Bonds in the primary offering of Bonds.
SECTION 4. Miscellaneous.
(a) Representations. Each of the parties hereto represents and warrants to each other party
that it has (i) duly authorized the execution and delivery of this Agreement by the officers of such party
whose signatures appear on the execution pages hereto, (ii)that it has all requisite power and authority to
execute, deliver and perform this Agreement under applicable law and any resolutions or other actions of
such party now in effect, (iii) that the execution and delivery of this Agreement, and performance of the
terms hereof, does not and will not violate any law, regulation, ruling, decision, order, indenture, decree,
agreement or instrument by which such party is bound, and (iv) such party is not aware of any litigation
or proceeding pending, or,to the best of such party's knowledge, threatened, contesting or questioning its
existence, or its power and authority to enter into this Agreement, or its due authorization, execution and
delivery of this Agreement, or otherwise contesting or questioning the issuance of Bonds.
(b) Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Texas and applicable federal law.
(c) Severability. If any provision hereof shall be held invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions hereof shall survive and continue in full force and effect
(d) Counterparts. This Agreement may be executed in one or more counterparts, each and all
of which shall constitute one and the same instrument.
(e) Supersedes Previous Agreements. This Agreement supersedes and replaces all previous
oral or written agreements,memoranda, correspondence or other communications between the parties
hereto relating to the subject matter hereof.
5
IN WITNESS WHEREOF, the Authority and the City have each caused their duly authorized
officers to execute this Agreement as of the day and year first above written.
TRINITY RIVER AUTHORITY OF TEXAS
President, Board of Directors
ATTEST:
Secretary, Board of Directors
CITY OF NORTH RICHLAND HILLS,
TEXAS
By:
Title:
ATTEST:
By:
Title:
Continuing Disclosure Agreement
1q R.H
NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Approve award of bid no. 19-009 to Dippin' Dots, L.L.C. for a three-
year agreement to provide beaded ice cream for resale at NRH2O
Family Water Park in an amount not to exceed $78,000 annually.
PRESENTER: Frank Perez, NRH2O General Manager
SUMMARY:
City Council is being asked to approve a three year beaded ice cream agreement and
sponsorship with Dippin' Dots L.L.C. (Dippin' Dots) and NRH2O Family Water Park.
GENERAL DESCRIPTION:
Staff solicited requests for bids (RFB 19-009) for a beaded ice cream vendor for NRH2O
Family Water Park. Bids were received from Dippin' Dots LLC, Mini Melts and Cool
Beads. Dippin' Dots LLC. is the market leading vendor of beaded ice cream and
presented the bid that best fit the current needs and requirements of the water park. The
Dippin' Dots bid includes better pricing on products and its "value-adds" offer the water
park the best financial opportunity.
Some of the highlights of Dippin' Dots proposal are:
• Dippin' Dots will provide $3,000 per year ($9,000 total) in sponsorship in the form
of product credit for NRH2O. These funds may be allocated for special events or
other purposes.
• Dippin' Dots will provide all equipment necessary to vend contracted products and
they will provide all maintenance for vending equipment.
• Dippin' Dots will provide an 8x12 kiosk to be used inside the park to sell product.
• Dippin' Dots will supply "point of purchase" equipment to NRH2O. Such items are
"point of sale" signs, menu boards, clocks, umbrellas and Dippin' Dots promotional
banners. The estimated value of this signage package is $2,000.
Payments for utilization of this multi-year contract may be authorized annually during the
budget process for the corresponding renewal terms provided funds have been budgeted
for each remaining year of the contract, and the terms and conditions of the contract have
not changed. Those payments will not require additional City Council approval.
IgR.H
NORTH KICHLAND HILLS
While NRH2O Family Water Park is owned and operated by the city, it is not funded by
city property taxes. It is an enterprise fund that is supported by the revenues the park
generates. Funding for this item was included as part of the FY 2018-19 Adopted Budget
for the Aquatic Park Fund.
RECOMMENDATION:
Approve award of bid no. 19-009 to Dippin' Dots, L.L.C., for a three-year agreement to
provide beaded ice cream for resale at NRH2O Family Water Park in an amount not to
exceed $78,000 annually.
February 5, 2019
NRH20
9001 Boulevard 26
North Richland Hills, TX 76180
ATTN: Bryon Bustamante
RE: Dippin' Dots Ice Cream Products
Dear Mr. Bustamante:
This will constitute the Agreement ("Agreement") between Dippin' Dots, LLC. (DDL) and NRI120
pursuant to which NRH20 will offer Dippin' Dots ice cream products (the Products)for sale to guests
visiting its locations. In consideration of the mutual benefits derived from this Agreement, DDL and
NRH20 agree to the following terms and conditions:
Term of Agreement:
The Term of this Agreement will commence as of March 16, 2019 (the Effective Date) and will
continue through and including March 15, 2022 (the Term).
Purchase of Products:
NRH20 shall purchase from DDL the following products (the Products)to be used by NRH20 at
the following prices ("Purchase Prices"):
2019-2020 2020-2021 2021-2022
Bulk Ice Cream $19.55/bag $19.85/bag $20.50/bag
® The above prices include any lift gate fee that may be charged by Carrier.
Equipment and Signage Package:
DDL will provide at no charge to NRH20 and maintain the following equipment:
Three (3) serving freezers of various sizes
Six (6) storage freezers
One (1) enclosed 8X12 kiosk to be used inside the park to sell the Products.
�\ i �tta�A t1l"'! l� sifl11� (w, ;/111/6, e .
tlG
�I
� i, lb-W /off/✓l � �J -a 'r
The Equipment Package can be modified when both parties are in agreement that there is a need
for additional equipment or remove equipment that is no longer needed. Estimated Equipment Package:
$19,140.00.
DDL will provide appropriate signage for the kiosk and vinyl signage needed to advertise the
Products at the locations that sell the Products. Estimated Signage Package: $2,000.00.
Sponsorship/Team Member Incentives:
For the Term of this Agreement, DDL shall pay sponsorship in the form of product credit to equal
a maximum value of Three Thousand ($3,000.00) Dollars per year provided that DDL is the sole beaded
ice cream product sold at NRH2O. This credit shall be applied as of March 1 of each year of the
Agreement.
Fuel Surcharge: DDL reserves the right to impose a fuel surcharge for all deliveries during periods
when fuel prices reach excessive limits. This surcharge would, then, be retracted when fuel prices fall
below those same limits.
Fuel Surcharge Chart—National/Local Accounts
U.S. Diesel Price Fuel Surcharge/Box Fuel Surcharge/ Pallet Reefer
5.60-5.89 $10 $28
5.30-5.59 $9 $25
5.00-5.29 $8 $22
4.70-4.99 $7 $19
4.40-4.69 $6 $16
3.80-4.39 $5 $13
3.50-3.79 $4 $10
3.20-3.49 $3 $7
2.90-3.19 $2 $4
2.60-2.89 $1 $1
Below 2.60 0 0
Grant of License:
(a) DDL grants to NRH2O a royalty-free license to use the Equipment and sell the Products in
NRH2O accounts/locations identified in the Agreement without limitation or restriction, except
as otherwise stated in this Agreement, during the Term thereof. NRH2O also concedes that
all equipment is the exclusive property of DDL and shall remain so under any and all terms of
the relationship.
(b) DDL further grants to NRH2O a royalty-free license to advertise the sale of Products in all
NRH2O accounts/locations identified in the Agreement on a branded basis using signage and
menu boards, as deemed appropriate by NRH2O bearing DDL's logos and trademarks.
To NRH20: NRH20
9001 Boulevard 26
North Richland Hills, TX 76180
ATTN: Bryon Bustamante
To DDL: Dippin' Dots, LLC,
5101 Charter Oak Drive
Paducah, Kentucky 42001
ATTN: Steve Heisner
By signing where indicated below, the Parties agree that as of the date indicated on page one of this
document to abide by the terms and conditions of this Agreement.
AGREED to and ACCEPTED:
�ts, L
Dippin Dq LC. NRH20
By(Authorized Signature) By(Authorized Signature)
Steve Heisner Printed Name
Vice President / Title
� fry�rl �
Date' / Date
ATTEST: By (Authorzied Signature)
Printed Name
Alicia Richardson, City Secretary
Title
APPROVED AS TO FORM AND LEGALITY:
Date
Maleshia B. McGinnis, City Attorney
By
(Authorized Signature)
NRH Council Action Y / N
Date Approved Printed Name
Agenda No. Title
Ord / Res No.
Date
I
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-461186
Dippin' Dots, L.L.C.
Paducah, KY United States Date Piled:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/07/2019
being filed.
NRH2O Family Waterpark Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
001
Novelty beaded ice cream,yogurt, flavored ice and sherbet
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Dippin Dots, L.L.C. Paducah, KY United States X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name Is >, Va<. and my date of birth is
My address Is _ �� street - (-yr - _ (at t (zip code)
„ ti 4)41 a
(country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the a da of% ,¢ r ,20 4
(month) (year)
i nature of a
��� uthonzed a� �"
'g gent of cdntraoting business entity
(Declarant)
Forms provided by Texas Ethics Commission www,ethics.state,tx.us Version V1.1.28ab6150
N a re, -y �i F, c C, s- L A N D 9.f a L o.. .5
" RM
'17H rr, C I Y 0 F C H 0 1 C E
p 11 R CA AS NG DEPAR"rMENT
R I
LOQUESI" FO 11111)
.19-009 NRI-120 BEADED ICE
CREAM FOR RESALE
BIDS DUE FRIDAY,, JANUARY 11, 2019
BY11:00 A.M.
Contents
I1'LVI'I'ATION TO BID—,—... ..... ...... —.3
GENERAL CONDITIONS ............._......................,........ .... ... . .... ... 4
INSURANCE REQUIREMENTS— .................. . ..... ..... ................ .... ... ..... .... ... _..._...._... III'
NC.N G'O LI:USION AFFIIDA VI'I`a"F BIDDER --........ .. .. ........ ........ .................. ....... ... ..... ....
BID41f:JN'Fl TCAI`IGDN..............._........... _... .......,. .......................<......,.....,............ .................. ....... 42
COMPLIANCE WITH IIG"USF.BILL I:195- .......................... .... ..... ..... .. .. . ........ . ......_.......13
FOR DISADVANTAGED BUSINESS SS FN'ITIWIIISES ONLY ... . ... .... 14
G:;GDPYI'I.,IG I"QDl° Il 'I'I ItI.S I ¢ P.It;S'I`If1lI�P tll. ... ...... .... ....... . ... . ... . . 15
SP CIFIG;`A'IIQD NS .._ .............. .... ....,.....,..... .....,.. . .... ..... .. . ..,,.... ..,..,. . ........... I8
1
INVITAT[ONTO 11d]117
The City of North Richland Hills is accepting sealed bids from all interested parties for:
Bid Number: 19-009
Bid Type: REQUEST FOR BID
Bid Name: NRI-120 BEADED ICE CREAM FOR RESALE
Bid Due Date: Friday, January 11, 2019
Bid Due'rime: 11:00 A.M. Central Standard Time
> Deadline for questions:
Date: Monday, January 07, 2019
Time: 12:00 PAL Central Standard Time
DOCUMENTS MAY BE SuBMIrrEQ ELECt'RONICALLY VIA:
---------------I------------------------- ----------------
------
www,publicpurchasexoffa
DOCUMENTS MAY BE DELIVERE.Q TO:
.................................... ................
City c)FNr.:Px1.h Richland Ififls
Purchasing, Attu. 19-009 NRI-120 BEADED ICE CREAM FOR I?L-,SAI..,E
430[ Iny Point Drive
North Richland Hills, TX 76180
If delivering a bid packet please include Qgf_LlLhar�
Leggy ggeL
Qne ogLon Flash
..LjL,%otLc- -
drive. Sularnit docunrients in a sealed envelope with the following information nrarked plainly on
'ti,'C" ilronL
AITN' PURCHASING DEPARTMENT
19-009 ]RrRIE20 BEADED1.CE CREAM FOR RESALE
P10 oral explanation in regard to the meaning of the specifications will be rnade, and no oral
insmwions will be given after the pre bid meeting and before the award ofthe coiuraet. Requests
From.interested vendors for addftiomd information or interpretation of the inform ation included in
the specifications should be directed in writing as a question related to this bid on Public Purchase
and the question will be answered r.:Pn Public Purchase. All addendurns will also be posted to'Puiblic
Purchase It will be the vendor's respwisibility to check Ml information rdated to this bid on
Public purchasee before submitting a response,
`I'he City of North Richland Hills reserves the right to reJect in part or in whale all bids submitted,
and to waive any technicalities for the best interest of the City ot"North Richland Ifills.
3
GENERAL CONINTIONS
In submitting this bid, the Bidder understands and agrees to be bound by the following; terms and
conditions. These terms and conditions shall become a part of the purchase order,or contract and
will consist of the invitation to bid, specifications, the responsive bid and tire contract with
attachments, together with any additional documents identified in the contract and any written
change orders;:approved and signed by a city official with authority to do so. All shall have equal
weight and be deemed a part of the entire contract, If there is a conflict between contract
documents, the provision more favorable to the City shall prevail.
L BID11ME.,
It shall be tire responsibility of each Bidder to ensure Ins/her bid is turned in to the City of
North Pichland[lifts on or before 19.OO A.M.Yridayjanuar 11, 2019,The official tame
shall be determined by the clock located in the North Richland Hills City Hall Purchasing
Departmem Bids received after the time stated above will be considered ineligible and
returned unopened.
All attached bid documents are to be returned completely filled out, totaled, and signed.
Envelopes containing bids must be sealed. The City of North It Ifilis will not accept
any bid documents other than the attached.
2., WITHDRAWING BIDSIPROPO SAL S/QUOTES
Bids may be withdrawn at any time prior to the official opening; request fbr non-
consideration of bids must be made in writing to the Purchasing Manager and received prior
to tire firne set 9.)r opening bids, The bidder warrants and guarantees that his/her- bid has
been carefully reviewed and checked and that it is in all things trite and accurate and free of
mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for
a period of ninety (90) day,,, fifflowing the date designated for the receipt of bid&
3. IRREGULAR BIDS/PIZOPOSALS/QUOTES
Bids will be considered irregular ff they show any omissions, afterations offorni, additions,
or conditions not called for, unauthorized alternate bids, or irregularities of any kind.
However, the City of North Richland[fills reserves the right to waive arty irregularities and
to make tire award in the best interest of the City,
C REJECT'ION/.T.)ISQtJAI,I.FI(.ATION
Bidders will be disqualified and/or their bids rejected, among other reasons, for any ofthe
specific; reasons listed below:
a) Bid received after the time set for receiving bids as stated in the advertisement;
b) Reason for behaving collusion exists among the Bidders;
c) Bid containing unbalanced value of any item; bid offering used or reconditioned
equipment;
d) Where the bidder, sul)-contractor or supplier is in litigation with the City (.11"North
Richland Hills or where such. litigation is contemplated or imminent;
e) Uncompleted work which in the Judgment of the City will prevent or hinder the
prompt completion of additional work, or having defaulted on a previous contract;
4
f) Lack of competency as revealed by reference checks, financial statement,
experience and equipment, questionnaires, or qualification statement;
g) Bid containing special conditions, clauses, alterations, iterris not called for
or irregularities of any kind, which in the(Owner's opinion may disqualify
the Bidder,
However, the City of North Richland HdIs reserves the right to waive any irregularities
and to rake the award in the best interest of the City of North Richland HIS,
& BID EVALUATION
Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be
awarded to the bidder that offers the goods and/or services at the best value for the City
(Texas L.ocal Government Code, 25ZO43). In determining the best value the City will
consider the following:
a) The purchase price; terms and discounts; delivery schedule;
b) The reputation of the bidder and of the bidder's goods or services;
c) The quality of the bidders' goods or services;
d) The extent to which the bidder's goods or services meet the City specifications and
needs;
e) The bidder's past relationship with the City;
f) 'Total long term cost to the city to acquire the bidder's goods or services;
g) Any relevant criteria specifically listed in the specifications;
h) Compliance with all State and local laws, General Conditions and Specifications;
i) Results of testing,, if required;
Warranty and/or guarantee, maintenance requirements and performance data of the
product requested-,
k) City's evaluation of the bidder's ability to perform to specifications.
6. AWARD OF BID
The bid award will be made within sixty(60) days after the opening of bids. No award will
be rnade until after irrvest igat:ions are made as to the responsibilities of the best bidden
The City of North Richland Hills reserves the right to award bids whole or in part when
deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is
"all or none", otherwise it shall be considered as agreeing to this section.
Information contained in submitted bid documents shall not be available for inspection until
after the award has been made by the City Council. Requests for this information must be
submitted in writing.
7 ASSIGNMENT
'rile successfid bidder may not assign his/her rights and duties under an award without the
written consent. of the North Richland HiIN City Manager. Such consent shall not relieve
the assignor-of liability in the event of"defirult by his assignee,
5
8. SUBSTITUTIONS/EXCEPTIONS
Exceptions/variations from the specifications may be acceptable provided such variations,
in each instance, is noted and fully explained in writing and subillitted with bid. NO
substitutions or changes in the specifications shall be permitted after award of bid without
prior written approval by the Purchasing Manager.
% DELIVERY/ACCEPTANCE
The delivery date is an important factor of this bid and shall be considered during tile
evaluation process. The City considers delivery time the period elapsing fiorn the time the
order is placed until the City receives the order at the specified delivery location.
All material shall be delivered F.O.B. City of North Richland Hills to the address specified
at the little of order. Acceptance by the City of North Richland Hills of any delivery shall
not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it
be considered an acceptance of material not in accordance with the specifications thereby
waiving the City of North.Richland Hills right to rcxluest replacement of detective material
or material not meeting specifications.
10. NOTICE OF DELAYS
Whenever the contractor encounters any difficulty which is delaying or threatens to delay
timely performance, written notice shall immediately be given to the Purchasing Manager,
stating all relevant information. Such notice shall not in any way be construed as a waiver
by the City of any rights or remedies to which it is entitled by law. Delays in performance
and/or completion may result in cancellation of agreement.
IL SALES TAX
The City of North Richland Hills is exempt from Federal Excise and State sales tax;
therefore tax must not be added to bid.
12. TIE BIDS
In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local
bidder. In cases where a local bidder is not involved,tie bids shall be awarded by drawing
lots at the City Council meeting,, or as otherwise directed by the Mayor.
13. BRAND NAME OR EQUAL,
If items are identified by a "brand name" description, such identification is intended to be
descriptive, riot restrictive, and is to indicate the quality and characteristics of products that
will be satisfactory. As used in this clause,the term "brand name" includes identification of
products by make and model.
Such products must be clearly identified in the bid as an equal product and published
specifications of the equal products offered must be included with the bid reply.
Bids offiering equal products will be considered for award if determined by the Purchasing
Manager and the user department to be equal in all material respects to the brand narne
products referenced. The decision of acceptable "equal" items or variations in the
specifications will solely be the City of North Richland Hills. Unless the bidder clearly
6,
indicates in his/her bid that lie is offering an "equal" product, his bid shall be considered as
offering the brand name product referenced inthe invitation for bids.
14. RIFFERENCES
A minimum of three (3) references, preferably located within tile, Dallas/Fort Worth
Metroplex, must be submitted with each bid. Company name, contact and phone number
must be included with each reference,
115. PROHIBITION XCIAINST PERSONAL FINANCIAL INTEREST IN
CONTRACTS
No employee of the City of'North Richland Hills shall have a direct or indirect financial
interest in any proposed or existing contract, purchase, work, sale or service to or by the
City(CMA-074, Standards of'Conduct, Section IV),
I& TERMINATION/NON PERFORMANCE
Continuing non-permnuance of the vendor in terms of'Specifications shall be a basis fox-the
termination of the contract by the City. The City of North Richland Hills reserves the right
to enforce the performance of this contract in any manner prescribed by law or deemed to
be in the best interest of the City in the event of breach or default of this contract The City
reserves the right to teriniriate the contract immediately in the event the successful bidder
fails to l.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these
specifications.
Breach of contract or default authorizes the City to award to another bidder,and/or purchase
elsewhere and charge the full increase in cost and handling to the defaulting successful
bidder,
'The contract may be terminated by either party upon written thirty(30) days' notice prior
to cancellation without cause.
17. ATTORNEYS FEES
Neither party to this contract shall be entitled to attorney&as for any matter arising under
this contract, whether for additional work, breach of contract, or other claim tbr goods,
services, or compensation. All claims for attorney's, fees are hereby WAIVED.
18. INDEMNITY
City shall not be liable or responsible for, and shall be saved and held harmless by
Contractor from and against any and all suits, actions, losses, damages, claims, or
liability of any character, type, or description, including claims for copyright and
patent infringement,and including all expenses of litigation,court costs,and attorney's
fees for injury or death to any person, or injury to any property, received at-sustained
by any person or persons or property, arising out of, or occasioned by, directly or
indirectly, the performance of Contractor under this agreement,including claims and
damages arising in part froffn the negligence of City, without; however, waiving any
governmental immunity available to the CITY under Texas law and without waiving
any defenses of the parties under Texas law.The provisions of this indemnification are
solely for the benefit of the parties hereto and not intended to create or grant any
rights, contractual or otherwise, to any other person or entity.
7
It is the expressed intent of the parties to this Agreement that the indemnity provided
for in this section is an indemnity extended by Contractor to indemnify and protect
City from the consequences of City's own negligence, provided, bowever, that the
indemnity provided for in this section shall apply only when the negligent act of City
is a contributory cause of the resultant injury, death, or damage, and shall have no
application when the negligent act of City is the sole cause of the resultant injury,
death,or damage, unmixed with the legal fault of another person or entity, Contractor
further agrees to defend, at its own expense, and on behalf of City and in the name of
City, any claim or litigation brought in connection with any such injury, death, or
darrnage.
The Contractor will secure and maintain Contractual Liability insurance to cover this
indernrnification agreement that will be primary and noncontributory as to any
insurance maintained by the City for its own benefit, including self-insurance.
fp� PERFORMANCE AND PAYMENT BONDS
In the event the total contract amount exceeds $100,00 0, the Contractor shall be required to
execute a performnancc bond in the amount of one hundred (100)percent of the total contract
price, if the total contract amount:exceeds$50,000 the contractor shall be required to executer
a payment hood in the amount of one hundred (100) percent of the total contact price, each
in standard forms for this purpose, guaranteeing faithful performance of work and
guaranteeing payment to all persons supply labor and materials or furnishing any equipment
in the execution of the contract. It is agreed that this contract shall not be in effect until such
performance; and payment bonds are firrnislied and approved by the City of North Richland
Hills. No exceptions to this provision allowed.
Unless otherwise approved in writing by the City of North. Richland Hills, the surety
company underwriting the bonds shall be acceptable according to the latest list of companies
holding certificates of authority from the Secretary of'the'freasury of the United Staters.
fA,ttomeys-in-fact who sign bid bonds or contract bonds must file with each bond a certified
and current coley of their power of attorney,
211. IINTERLOCAL AGREEMENT
Successful bidder agrees to extend prices and terms to all entities who have entered into or
will enter into ,joint purchasing interlocal cooperation agreements with the City of North
Richland Hills.
2L ELECTRONIC PROCUREMENT
T
The City of North Richland hills has adopted policies and procedures complying with Local
Government Code Section 252.0415, Section 271.906 and Section 2155.062. The City of
North Richland Hills may receive submittals in electronic form in response to procurenernt.
requests. However, a bid that is submitted non-electronically by the due dater and time will
be accepted and then entered electronically by Purchasing; after the bid opening.
a
21 COMPLIANCE WITH SB 89:
Vendor agrees per HB 89 of the 85'h Texas Legislative Session, and in accordance with Chapter
2270 of theTexas Government Code, vendor has not and shall not boycott Israel at any time
while providing products or services to the City of North Richland Hills.
[ x] Yes, we agree No, we do not agree
23. COMPLIANCE WITH SB 252;
Vendor agrees per SB 252 of the 85" Texas Legislative Session, and in accordance with
Chapter 2252 of theTexas Government Code, vendor shall riot do business with Iran, Sudan
or a foreign terrorist organization while providing products or services to the City of'North
Richland Hills,
[x] Yes, we agree No. we do not agree
By selecting no, vendor certifies that it is affirmatively excluded from the federal sanctions
regime by the United States government and is not subject to the contract prohibition under Section
2251154 of the Texas Government Code, Vendor shall provide sufficient documentation to the
City of such exclusion prior to award of any contract for goods or services.
24. ETHICS AND COMPLIANCE POLICY
The City's Ethics and Compliance Policy can be found at The City of North Richland Hills
Purchasing Division webpage - Cdr you may request a copy from the Purchasing Division,
Acknowledgment- The City of North Richland Hills' Internal Ethics and Compliance
Policy has been made available to me. I understand the expectations of ethical behavior
and compliance with the law, and agree to adhere to the City's ethics policies.
E.thi,lc.sl-"-,-•.PIII)IFI?lb,9.dlld
x] T. agree
] I do riot agree
25. DEPARTMENT OF'rRANSPORTATION (T)a:DOT) RELATED BIDS
"The City of North Richland Hills, in accordance with the provisions of"I"itle V1 offlie Civil
Rights Act of 1964 ('78 Star. 252, 42 II &C`,. §§ 2000d to 20OOd-4) and the Regulations,
hereby notifies all bidders that it will affirmatively ensure that any contract entered into
pursuarnt to this adverrisminerit, disadvantaged business enterprises will be afforded full and
fair opportunity to subirdt bids in response to this invitation and will not Lie discriminated
against on the grounds of race, color, or national origin in consideration for air award."Due
care and diligence has been rased in preparation of this infinirvition, and it is believed to be
substantially correct. However, the responsibility for determining the full extent of the
exposure and the verification of all infismiation presented herein shall rest solely with the
bidder. The C lity of North Richland Hills and its representatives will not be responsible for
airy errors or onfissions in these specificat ions, nor fiar the failure on the part of flie proposer
to determine flie hill extent of exposures,
9
INSURANC'E ]REOUIRE"MEP41's
Contractors performing work on City property or public right-of-way for the City of North
Richland Hills shall provide the City a certificate of insurance evidencing the coverages and
coverage provisions identified herein. Contractors shall provide the City evidence that all
subcontractors performing work on the project have the same types and amounts of coverages as
required herein (it,that the subcontractors are included under tire contractor's policy. The City, at
its own discretion, may require a certified copy of the policy.
All insurance corpanies and covera es must be LiL1L(LAjttL1 by the Texas DgpAiljL%eLft
zanies _g_ �_ _qf
in_�_u_ra�7ce—totrag-mact business in the State of Texas and must be acce stable
Nordi Richlaa�Lffllls
Listed below are the types and arnounts of insurance generally required. The City reserves the
right to amend the insurance requirements or require additional types and amounts of coverages
or provisions depending on the nature of the work or services to be performed
....................
Type of Insurance Amount of Insurance Provision
......
L Commercial General Liability to $1,000,000 each occurrence,, City to be listed as additional
include,coverage for: $1,000,000 general agpregare; insured and provided 30 day-notice
a) PremisevOperations of cancellation or material charge
b) Pioducts'Completed Ch- in coverage
Operations
c) Independent Contractors S 1,000,000 combined single hinfts City prefers that insurer be rated
d) Persona) Injury B'r V I or higher by A. M.Best or A
e) Contractual Liability or higher by Standard &Pooys
1) Personal,Advertising Injury
g) Medial Expense
to Fire Legal Liability
it Underground Hazard
I) Explosion/Collapse. Hazard
k) Patent Inkingernent
...i) Copyrieln Law Violations .........................
2. Consultants,architects,vn"gincers, $500,000 Professional Liability.
Landscape design specialist, other with proof that aggregatc,is still
professional services available;. ................................................. ... ...............................
3. Workers' Compensation& Statutory Limits Alternate employer endorsement
Employers' LiabiW,>, 1500,000 each accident required
4.Comprehensive Automobile $500,000 Combined single limit
Liability Insurance, including for bodily injury and property
coverage fin loading and unloading darnage
hazards,for
a) Owned(Leased Vehicles
b) Non-Owned Vehicles
A_J!ire'd Vehicles ........................
A PURCHASE ORDER WILL NOT' BE ISSUED WIT[IOUT EVIDENCE OF
INSURANCE
10
NON-COLLU'SION Al+'t'll)AVI'I' Ot' IB]IIDI�)[,"]
State of Kentucky County of McCracken
Steve Heisner verifies that:
(Name)
(1) He/She is owner, partner, officer, representative, or agent of
Dippiri' Dots, LLC has submitted the attached
bid: (Cornpany Name)
(2) He/She is filly informed in respect to the preparation, contents and circurnstances in
regard to attached bid;
(3) Neither said bidder nor any of its officers, partners, agents or employees has
in anyway colluded, conspired or agreed, directly or indirectly with any other
bidder, firm or person to submit a collusive or sham bid in connection
with attached bid and the price or prices quoted herein are fair and proper,
.ttttg
)5tpm l ieOWwr
PUNTED NAME
Su use fibed and sworn to before ine this
13 Day oj" Decernbeir 20M
Janice Johnson
............. . ........
RC AR PUF LIC 64�a�nd—fbr
McCracken County, "elucky
Myoorninissionexpires: June5, 2019
'NoWary lD #532297
MY Eyplres june 5, 2019
THIS F(..)RM MUSTBBB: COMPLETED, NOTARIZED AND SUBMITTED WITH BID
11
131111) CERITRICA'"HON
The Undersigned, in submitting this bid, represents and certifies:
a. He/she is fully informed regarding the preparation, contents and circurnstances of the
attached bid;
b- Fie/she proposes to furnish all equipinent/service at the prices quoted herein and bid is in
strict accordance with the conditions and specifications stated herein;
c, There will be at no time a misunderstanding as to the intent of the specifications or
conditions to be overcome or pleaded after the bids are opened;
d. Fle/she is an equal opportunity employer, and will not discriminate with regard to race,
color, national origin, age or sex in the performance of this contract.
e. The undersigned hereby certifies that he`she has read, understands and agrees that
acceptance by the City of North Richland Ifills of the bidder's offer by issuance of a
purchase order will create a binding contract. Further, he/she agrees to hilly comply with
docurnentary forms herewith made a part of this specific procurement.
COMPANY: Di-ppin-'--Dots-,LLC---------------------- -
ADDRESS: 5101 Charter Oak Drive
CITY, STATE &ZIP: Paducah, Kentucky 42001
TELEPHONE: 27D-4 43-8994
FAX 270-415-3137
EMAIL st-e-he-i@di-p-pindots-.com
SIGNATURL:
PRINTED NAME: Steve Fleisner
DATE: December 13, 2018
1.
COM PL I A IN Cli, XVTFI I HOUSE 1311,1, 1295
In 2015, the Texas Legislature adopted House BM 1295, which added section 2252.908 of'tile
Government Code, The law states that a governmental entity rnay not enter,into certain contracts
with a business entity unless the business entity submits a disclosure of interested parties to the
governmental entity at the time the business entity submits the signed contract to the governmental
entity,
The law applies only to a contract of a governmental entity that either (1) requires an action or
vote by the governing body of the entity or agency before the contract may be signed or (2) has a
value of at least $I million. The disclosure requirement applies to a coral act entered into on or
after January 1, 2016,
The Tex,.B Ethics Commission has adopted rules necessary to implement the law, prescribed the
disclosure of hiterested parties form, arid posted a copy of the fi-)rm on the commission's website.
Filing Processa
`The commission has made available OD its website a new filing application that must be used to
file Form 1295. A business entity must:
1) Use the application to enter the required information on Form 1295,
2) Print a copy of the completed form, which will include a certification of filing that will
contain a unique certification number,
3) Contract Number should be the Bid/RFP Number and Bid'Fitle.
4) Sign the printed copy of the to:nu (an authorized agent ofthe business entity must sign),
56 Either include your personal information or have the form notarized,
6) File the completed Form t295 with the certification of filing with tile governmental body
with which the business entity is entering into the contract.
The governmental entity must notify the cwrinlission, using the commission's filing application,
of the receipt of the filed Form 1295 with the certification of filing not.later than the 30th day after
the date the contract birvls all parties to the contract. The commission will post the completed Form
1295 to its website within seven business days after receiving notice from the governmental entity.
Information regarding now to use the filing application may be found at
info kmnl2'195,htni.
13
FOR 11)SAA VAN AC 1,I) BUSINESS 1+;N'➢W"Ell1&E"'ll[)`.11CawES ONLY
Disadvanta ed Business F,nteraurises 61181 } are encouraged to participate in the City of
North Richland Bills laid process. Representatives from DBE Companies should identify
themselves as such and submit a copy of their Certification.
The City of North Richland Fulls recognizes the certifications of heath the State of Texas
Building and Procurement Commission HUB Program and the North Central Texas
Regional Certification Agency, All companies seeking information concerning DBE
certification are urged to contact;
Texas Building and Procurement Commission
Statewide HUB Program
1711 San Jacinto Blvd., Austin TX 78701-1416
P 0 Box 13186,Austin, TX 78711-3186
(512) 463-5872
V,idl,i�:%'�nrwrw�r,,,vwigncic�unr.::ti�uc,tut.oxs!E?�•Gxc;num�uau�mt%�uu°r��fluu�y'ku>,ul� �;q;rlifn:.�gbnluruf
North Central Texas
Regional Certification Agency
624 Six ]Flags ]Chive, Suite 216
Arlington, Texas 760 11
(817) 640-0606
}ul(I Ju.i r'vrw✓�runs�rmcs.�rg 'ceu°tti67�t;T�tzsruA.VutumuC
If your company is already cer ifued, attach a copy of your certification to this form and
return as part of your packet.
C"ompan,q Names:
: tF
Representative,,, ._._..._........................................................................................................................................................................................................................
Address:
City, State, Alp. -------------- . ._..
Telephone No. Fax No.
Email address
INDICATE ALL THAT APPLY
1alinority-(Dvvned Business Enterprise
—Women-Owned Business Enterprise
(Disadvantaged Business Enterprise
14
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17
SPECIFICATIONS
NRI120 Family Water Park is seeking proposals for a three year beaded ice cream program. The
agreement would cover the 2019—2021 summer seasons. NRH20'5 SUMIner attendance ranges
between 225,000 - 270,000 guests each season.
Approximate Volume:
Over the past five seasons, NRI120 Family Water Park purchased the following gallons of
Dippin' Dots:
2014: 2,644 gallons
2015: 2,898 gallons
2016: 2,520 gallons
2017 2,628 gallons
2018 2,376 gallons
Requirenients;
I Prices must be firm fbr length of three year agreement,
• Includes all ice crearn, paper/dry goods, and toppings.
• NRH20 requires a lift gate on all deliveries - NP1120 will not incur any shipping
charges associated with the delivery of resale product This includes any charges
or fees frorn third party transportation services.
2 Equipment must be provided at ryas cost.
0 Ice ercaui vendor inust also be responsible for timely repairs.
3 All Meou boards and artwork must be provided free of charge and have NRI-120'-S
approval.
Signage may be changed out annually depending on condition arid menu or price
adjustments. This includes: menu boards, freezer wraps, kiosk and ice crearn
shop window graphics, exterior graphics on kiosk, interior posters,and vinyl
menus on sneeze guards.
Additional considerations will include but are not limited to the following:
4 Annual Sponsorship
0 [Multiple sponsorship oppoil unities at NRH 20 Family Waterpark exist.
5 Team Member Incentive Program.
A supported program that would provide prizes to team members based on
perforrnance and sales incentives,
6 Delivery and Shipping.
3.8
• Reliable and timely delivery service from the time the order is placed is
mandatory,
• Deliveries are expected within 24—48 hours from tune of order.
NRI-120 resales beaded ice cream frorn two locations: Sheldon's fee Cream Shop and the Dippin'
Dots Shack. The awarded vendor will be required to provide all necessary equipment and
equipment repairs to support the resale program.
Sheldon's Ice Cream Shop;
The Ice Cream Shop generates 55%of the park's beaded ice cream revenue. The Ice Cream
Shop is conveniently located near the front of the park near the lockers and changing areas It is
a popular destination throughout the day and because it is near the park's entrance and exit,
many guests stop by on their way out.
• Serving freezer, qty I
• Storage freezer., qty 5
I...............
W,
29
Vendor Supplied Kiosk
The second location. is a g' x 12' enclosed air-conditioned kiosk currently provided by Dippin'
Dom This location. generates the remaining 45% of the park's beaded ice creanx revenue.
® 8' x 12' Enclosed Kiosk
* Storage Freczer, qty [
o Serving Freezers, qty 2
Irv°" (u Wy n d
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Actual 3-Year History:
2016 2017 2018 3 Year Average
Attendance 221,101 202,515 184,064 202,560
Gallons Purchased 2520 2628 2376 2508
Cost/Gallon $18.25 $19.10 $19.10 $18.82
Ice Cream Revenue: $210,477.01 $230,078.00 $203,034.00 $214,529.67
Ice Cream Supplies $45,990.00 $50,195.00 $45,382.00 $47,189.00
Sponsorship Credit -$3,000.00 -$3,000.00 -$3,000.00 -$3,000.00
Dry Goods $3,958.00 $4,390.00 $4,043.00 $4,130.33
Labor $24,362.00 $30,456.00 $38,644.00 $31,154.00
Total Expense: $71,310.00 $82,041.00 $85,069.00 $79,473.33
Profit $139,167.01 $148,037.00 $117,965.00 $135,056.34
Revenue Per-Cap $0.95 $1.14 $1.10 $1.06
Expense Per-Cap $0.32 $0.41 $0.46 $0.39
Profit Per-Cap $0.63 $0.73 $0.64 $0.67
Dippin' Dots Proposal:
2019 2020 2021 3 Year Average
Cost/Gallon $19.55 $19.85 $20.50 $19.97
Estimated Revenue $214,529.67 $214,529.67 $214,529.67 $214,529.67
Ice Cream Supplies $49,031.40 $49,783.80 $51,414.00 $50,076.40
Sponsorship Credit -3000 -3000 -3000 -3000
Dry Goods $4,815.67 $4,815.67 $4,815.67 $4,815.67
Labor $31,154.00 $31,154.00 $31,154.00 $31,154.00
Total Expense: $82,001.07 $82,753.47 $84,383.67 $83,046.07
Profit $132,528.60 $131,776.20 $130,146.00 $131,483.60
Mini Melts Proposal:
2019 2020 2021 3 Year Average
Cost/Gallon $25.50 $25.50 $25.50 $25.50
Estimated Revenue $214,529.67 $214,529.67 $214,529.67 $214,529.67
Ice Cream Supplies $63,954.00 $63,954.00 $63,954.00 $63,954.00
Sponsorship Credit -$10,000.00 $0.00 $0.00 -$3,333.33
Dry Goods $4,480.00 $4,480.00 $4,480.00 $4,480.00
Labor $31,154.00 $31,154.00 $31,154.00 $31,154.00
Total Expense: $89,588.00 $99,588.00 $99,588.00 $96,254.67
Profit $124,941.67 $114,941.67 $114,941.67 $118,275.00
Cool Beads Proposal: Option 1 - Cool Beads Full Operation
2019 2020 2021 3 Year Average
Estimated Revenue $214,529.67 $214,529.67 $214,529.67 $214,529.67
Supply Expenses 0 0 0 $0.00
Labor Expenses 0 0 0 $0.00
40% Revenue to NRH2O $85,811.87 $85,811.87 $85,811.87 $85,811.87
Cool Beads Proposal: Option 2 - Cool Beads Operates Kiosk
Kiosk
45% Kiosk $96,538.35 $96,538.35 $96,538.35 $96,538.35
40% Revenue to NRH2O $38,615.34 $38,615.34 $38,615.34 $38,615.34
Ice Cream Shop
55% Ice Cream Shop $117,991.32 $117,991.32 $117,991.32 $117,991.32
Cost/Gallon $30.00 $30.00 $30.00 $30.00
Gallons (55%of 2508) 1,379 1,379 1,379 $1,379.40
Ice Cream Supplies $41,382.00 $41,382.00 $41,382.00 $41,382.00
Sponsorship Credit 0 0 0 $0.00
Dry Goods 0 0 0 $0.00
Labor $24,954.00 $24,954.00 $24,954.00 $24,954.00
Total Expense: $66,336.00 $66,336.00 $66,336.00 $66,336.00
Kiosk Profit $38,615.34 $38,615.34 $38,615.34 $38,615.34
Ice Cream Shop Profit $51,655.32 $51,655.32 $51,655.32 $51,655.32
Total Profit $90,270.66 $90,270.66 $90,270.66 $90,270.66
Cool Beads Proposal: Option 3 - NRH2O Full Operation
2019 2020 2021 3 Year Average
Cost/Gallon $34.00 $34.00 $34.00 $34.00
Estimated Revenue $214,529.67 $214,529.67 $214,529.67 $214,529.67
Ice Cream Supplies $85,272.00 $85,272.00 $85,272.00 $85,272.00
Sponsorship Credit 0 0 0 0
Dry Goods 0 0 0 $0.00
Labor $31,154.00 $31,154.00 $31,154.00 $31,154.00
Total Expense: $116,426.00 $116,426.00 $116,426.00 $116,426.00
Profit $98,103.67 $98,103.67 $98,103.67 $98,103.67
1q R.H
NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Authorize the City Manager to negotiate and execute a contract for
the sale of unimproved city-owned property and execute all other
necessary documents for the sale of 4705 Cummings Drive to John
I. Escoto & Mary E. Escoto in the amount of$72,000.
PRESENTER: Craig Hulse, Director of Economic Development
SUMMARY:
City Council is being asked to approve a contract for the sale of a city owned vacant
residential lot to allow construction of a new single-family home at 4705 Cummings Drive.
GENERAL DESCRIPTION:
The property known as 4705 Cummings Drive is an 18,700 square foot residential lot that
lies within the North Richland Hills Addition, an R-2 zoned residential subdivision
developed in the early 1960's.
On May 1 , 2018, the property was stricken to the local tax entities for non-payment dating
back 10 years. For the last five years the city has been mowing the property filing 15
separate liens, the latest being June 27, 2018. In addition to mowing, a lien was filed in
June 2015 to remedy substandard building conditions resulting in the house being
demolished.
City Council authorized the City Manager to submit a bid to purchase the property to
recoup its liens and reimburse each tax entity's pro rata share whereon on August 29,
2018 the city became the property owner.
In accordance with Section 253.014 of the Texas Local Government Code, the property
was listed on MLS by a broker for a 30-day period to solicit the highest cash offer. A total
of three offers were received, with the highest offer being $72,000 from John I. Escoto &
Mary E. Escoto (buyer).
The buyer agrees that the Property shall be improved for a single-family residence and is
to be occupied by the owner for a period of five years after closing.
RECOMMENDATION:
Authorize the City Manager to negotiate and execute a contract for the sale of unimproved
city-owned property and execute all other necessary documents for the sale of 4705
Cummings Drive to John I. Escoto & Mary E. Escoto in the amount of$72,000.
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION(TREC) 2-12-18
I
'�7� c UNIMPROVED PROPERTY CONTRACT
N �.e..aa� NOTICE: Not For Use For Condominium Transactions
1. PARTIES: The parties to this contract are City of North Richland Hills (Seller)
and John I.Escoto,Mary IE.Escoto (Buyer). Seller agrees
to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below.
2. PROPERTY: Lot 2 Block 25
North Richland Halls Addition Addition,
City of North Richland Hills ,County of Tarrant ,
Texas, known as 4705 Cummings Drive 76180-8237
(address/zip code), or as described on attached exhibit together with all rights, privileges and
appurtenances pertaining thereto, including but not limited to: water rights, claims, permits, strips
and gores, easements, and cooperative or association memberships (the Property).
RESERVATIONS: Any reservation for oil, gas, or other minerals, water, timber, or other interests is
made in accordance with an attached addendum.
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing.. ... . .... ... ... ... . $ „ _ ,72«000,00
B. Sum of all financing described in the attached:[]Third Party Financing Addendum, '
❑Loan Assumption Addendum,❑Seller Financing Addendum... ... . .. . ... . $..._...._. _.
C. Sales Price(Sum of A and B)... . . . . .... . .. . . .. . ... . ... .... ... . .. . ... $ 72,000.00
4. LICENSE HOLDER DISCLOSURE: Texas law requires a real estate license holder who is a
party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the
license holder owns more than 10%, or a trust for which the license holder acts as a trustee or of
which the license holder or the license holder's spouse, parent or child is a beneficiary, to notify
the other party in writing before entering into a contract of sale. Disclose if applicable: N/A
5. EARNEST MONEY: Within 3 days after the Effective Date, Buyer must deliver
$2,000.00 as earnest money to ................................................................Indpl2enddenoe Satle ........................................................., as escrow
agent, at 310 S.Oak Street Roanoke,TX 682-237-2275 (address).
Buyer shall deposit additional earnest money of $ N/A to escrow agent within
N/A days after the effective date of this contract. If Buyer fails to deliver the earnest money
within the time required, Seller may terminate this contract or exercise Seller's remedies under
Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money. If
the last day to deliver the earnest money falls on a Saturday, Sunday, or legal holiday, the time to
deliver the earnest money is extended until the end of the next day that is not a Saturday,
Sunday,or legal holiday.Time is of the essence for this paragraph.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at RX Seller's ❑Buyer's expense an owner's policy of
title insurance (Title Policy) issued by Independence Title
(Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer
against loss under the provisions of the Title Policy, subject to the promulgated exclusions
(including existing building and zoning ordinances)and the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exception for standby fees,taxes and assessments.
(3) Liens created as part of the financing described in Paragraph 3.
(4) Utility easements created by the dedication dead or plat of the subdivision in which the
Property is located.
(5) Reservations or exceptions otherwise permitted by this contract or as may be approved by
Buyer in writing.
(6) The standard printed exception as to marital rights.
(7) The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary
lines,encroachments or protrusions,or overlapping improvements:
O(i)will not be amended or deleted from the title policy;or
X (ii)will be amended to read,"shortages in area"at the expense of®Buyer❑Seller.
(9) The exception or exclusion regarding minerals approved by the Texas Department of
Insurance.
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller
shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense,
legible copies of restrictive covenants and documents evidencing exceptions in the Commitment
(Exception Documents) other than the standard printed exceptions. Seller authorizes the Title
Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address
TAR 1607 Initialed for identification by Buyer, # 'w .,4 rkl Seller TREC NO.9-13
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Contract Conceming 4705 Cummings Drive Nonh Richland Hills,Tx 76160.8237 Page 2 of 9 2-12-16
(Address of Property)
shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer
within the specified time, the time for delivery will be automatically extended up to 15 days or 3
days before the Closing Date, whichever is earlier. If the Commitment and Exception Documents
are not delivered within the time required, Buyer may terminate this contract and the earnest
money will be refunded to Buyer.
C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the
Title Company and Buyer's lender(s).(Check one box only)
❑ (1) Within NIA days after the Effective Date of this contract, Seller shall furnish to Buyer and
Title Company fe ems existing survey of the Property and a Residential Real Property Affidavit
promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to furnish
the existing survey or affidavit within the time prescribed, Buyer shall obtain a new
survey at Seller's expense no later than 3 days prior to Closing Date. If the existing
survey or affidavit is not acceptable to Title Company or Buyer's lender(s), Buyer shall obtain a
new survey at❑Seller's❑Buyer's expense no later than 3 days prior to Closing Date.
(2) Within 12 days after the Effective Date of this contract, Buyer shall obtain a new survey
at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or
the date specified in this paragraph,whichever is earlier.
❑ (3) Within N/A days after the Effective Date of this contract, Seller, at Seller's expense shall
furnish a new survey to Buyer.
D. OBJECTIONS: Buyer may object in writing to (1) defects, exceptions, or encumbrances to title:
disclosed on the survey other than items 6A(1) through (7) above; or disclosed in the
Commitment other than items 6A(1) through (9) above; (it) any portion of the Property lying in
a special flood hazard area (Zone V or A) as shown on the current Federal Emergency
Management Agency map; or (iii) any exceptions which prohibit the following use or activity:
NIA
Buyer must object the earlier of(t)the Closing Date or(it) 3 days after Buyer receives the
Commitment, Exception Documents, and the survey. Buyer's failure to object within the time
allowed will constitute a waiver of Buyer's right to object; except that the requirements in
Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any
expense, Seller shall cure any timely objections of Buyer or any third party lender within 15
days after Seller receives the objections (Cure Period) and the Closing Date will be extended as
necessary. If objections are not cured within the Cure Period, Buyer may, by delivering notice to
Seller within 5 days after the end of the Cure Period: (1) terminate this contract and the earnest
money will be refunded to Buyer; or (it) waive the objections. If Buyer does not terminate
within the time required, Buyer shall be deemed to have waived the objections. If the
Commitment or Survey is revised or any new Exception Document(s) is delivered, Buyer may
object to any new matter revealed in the revised Commitment or Survey or new Exception
Document(s) within the same fime stated in this paragraph to make objections beginning when
the revised Commitment,Survey,or Exception Document(s)is delivered to Buyer.
E. TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the
Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or
obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly
reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to
object.
(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property []is ®is not subject to
mandatory membership in a property owners association(s). If the Property is subject to
mandatory membership in a property owners association(s), Seller notifies Buyer under
§5.012, Texas Property Code, that, as a purchaser of property in the residential community
identified in Paragraph 2 in which the Property is located, you are obligated to be a member
of the property owners association(s). Restrictive covenants governing the use and
occupancy of the Property and all dedicatory instruments governing the establishment,
maintenance, and operation of this residential community have been or will be recorded in
the Real Property Records of the county in which the Property is located. Copies of the
restrictive covenants and dedicatory instruments may be obtained from the county clerk. You
are obligated to pay assessments to the property owners associations). The
amount of the assessments Is subject to change. Your failure to pay the
assessments could result in enforcement of the association's lien on and the
foreclosure of the Property.
Section 207.003, Property Code, entitles an owner to receive copies of any document that
governs the establishment, maintenance, or operation of a subdivision, including, but not
limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property
owners' association. A resale certificate contains information including, but not limited to,
statements specifying the amount and frequency of regular assessments and the style and
cause number of lawsuits to which the property owners' association is a party, other than
lawsuits relating to unpaid ad valorem taxes of an individual member of the association.
These documents must be made available to you by the property owners' association or the
association's agent on your request.
H Buyer Is concerned about these matters, the TREC promulgated Addendum for
Property Subject to Mandatory Membership in a Property Owners Association
should be used.
TAR 1607 Initialed for identification by Buyer " �. "and Seller TREC NO.9-13
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Contract Concerning 4705 Cummings Drive North Richland Hills,Tx 7a1® 237 page 3 of 9 2-12-18
(Address of Property)
(3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily
created district providing water, sewer, drainage, or flood control facilities and services,
Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory
notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to
final execution of this contract.
(4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135,
Texas Natural Resources Code, requires a notice regarding coastal area property to be
included in the contract. An addendum containing the notice promulgated by TREC or
required by the parties must be used.
(5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies
Buyer under §5.011, Texas Property Code, that the Property may now or later be included in
the extraterritorial jurisdiction of a municipality and may now or later be subject to
annexation by the municipality. Each municipality maintains a map that depicts its
boundaries and extraterritorial jurisdiction. To determine if the Property is located within a
municipality's extraterritorial jurisdiction or is likely to be located within a municipality's
extraterritorial jurisdiction, contact all municipalities located in the general proximity of the
Property for further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER:
Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that
you are about to purchase may be located in a certificated water or sewer service area,
which is authorized by law to provide water or sewer service to the properties in the
certificated area. If your property is located in a certificated area there may be special costs
or charges that you will be required to pay before you can receive water or sewer service.
There may be a period required to construct lines or other facilities necessary to provide
water or sewer service to your property. You are advised to determine if the property is in a
certificated area and contact the utility service provider to determine the cost that you will be
required to pay and the period, if any, that is required to provide water or sewer service to
your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice
at or before the execution of a binding contract for the purchase of the real property
described in Paragraph 2 or at closing of purchase of the real property.
(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district,
§5.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this
parcel of real property you are obligated to pay an assessment to a municipality or county for
an improvement project undertaken by a public improvement district under Chapter 372,
Local Government Code. The assessment may be due annually or in periodic installments.
More information concerning the amount of the assessment and the due dates of that
assessment may be obtained from the municipality or county levying the assessment. The
amount of the assessments is subject to change. Your failure to pay the assessments could
result in a lien on and the foreclosure of your property.
(6) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property E]is 7X is not located in a
Texas Agricultural Development District. For additional information, contact the Texas
Department of Agriculture.
(9) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205,
Property Code requires Seller to notify Buyer as follows: The private transfer fee obligation
may be governed by Chapter 5,Subchapter G of the Texas Property Code.
(10)PROPANE GAS SYSTEM SERVICE AREA: If the Properly is located in a propane gas system
service area owned by a distribution system retailer, Seller must give Buyer written notice as
required by §141.010, Texas Utilities Code. An addendum containing the notice approved by
TREC or required by the parties should be used.
(11)NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water,
including a reservoir or lake, constructed and maintained under Chapter 11, Water Code,
that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal
operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water
adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity
lawfully exercising its right to use the water stored in the impoundment; or (2) drought or
flood conditions."
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to
the Property at reasonable times. Buyer may have the Property inspected by inspectors
selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections.
Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall
keep the utilities on during the time this contract is in effect.
NOTICE: Buyer should determine the availability of utilities to the Property suitable to
satisfy Buyer's needs.
B. ACCEPTANCE OF PROPERTY CONDITION: "As Is" means the present condition of the Property
with any and all defects and without warranty except for the warranties of title and the
warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph
7B (1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from
negotiating repairs or treatments in a subsequent amendment, or from terminating this
contract during the Option Period,if any. „A X
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(Waress of Prag de j_._._.__ _
(Check one box only)
B (1) Buyer accepts the Property As Is.
(2) Buyer accepts the Property As Is provided Seller, at Seller's expense, shall complete the
following specific repairs and treatments: NIA
(Do not insert general phrases, such as "subject to inspections" that do not identify specific
repairs and treatments.)
C. COMPLETION OF REPAIRS: Unless otherwise agreed in writing: (i) Seller shall complete all
agreed repairs and treatments prior to the Closing Date; and (ti) all required permits must be
obtained, and repairs and treatments must be performed by persons who are licensed to
provide such repairs or treatments or, if no license is required by law, are commercially
engaged in the trade of providing such repairs or treatments. At Buyer's election, any
transferable warranties received by Seller with respect to the repairs and treatments will be
transferred to Buyer at Buyers expense. If Seller fails to complete any agreed repairs and
treatments prior to the Closing Date, Buyer may exercise remedies under Paragraph 15 or
extend the Closing Date up to 5 days, if necessary, for Seller to complete repairs and
treatments.
D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances,
including asbestos and wastes or other environmental hazards, or the presence of a threatened
or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is
concerned about these matters, an addendum promulgated by TREC or required by the parties
should be used.
E. SELLER'S DISCLOSURES: Except as otherwise disclosed in this contract, Seller has no
knowledge of the following:
(1) any flooding of the Property which has had a material adverse effect on the use of the
Property;
(2) any pending or threatened litigation, condemnation, or special assessment affecting the
Property;
(3) any environmental hazards that materially and adversely affect the Property;
(4) any dumpsite, landfill, or underground tanks or containers now or previously located on the
Property;
(5) any wetlands,as defined by federal or state law or regulation,affecting the Property;or
(6) any threatened or endangered species or their habitat affecting the Property.
8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in
separate written agreements.
9. CLOSING:
A. The closing of the sale will be on or before April 25 , 2019 , or within 7 days
after objections made under Paragraph 6D have been cured or waived, whichever date is later
(Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting
party may exercise the remedies contained in Paragraph 15.
B. At closing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property to
Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish
tax statements or certificates showing no delinquent taxes on the Property.
(2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent.
(3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits,
releases, loan documents and other documents reasonably required for the closing of the
sale and the issuance of the Title Policy.
(4) There will be no liens, assessments, or security interests against the Property which will not
be satisfied out of the sales proceeds unless securing the payment of any loans assumed by
Buyer and assumed loans will not be in default.
10. POSSESSION:
A. Buyer's Possession: Seller shall deliver to Buyer possession of the Property in its present or
required condition upon closing and funding.
B. Leases:
(1) After the Effective Date, Seller may not execute any lease (Including but not limited to
mineral leases)or convey any interest in the Property without Buyer's written consent.
(2) If the Property is subject to any lease to which Seller is a party, Seller shall deliver to Buyer
copies of the lease(s) and any move-in condition form signed by the tenant within 7 days
after the Effective Date of the contract.
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable
to the sale. TREC rules prohibit license holders from adding factual statements or business details
for which a contract addendum or other form has been promulgated by TREC for mandatory use.)
N/A
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Contract Concerning 4705 Cummings Drive North Richland Nliis,TX 76ISM237 Page 5 of 9 2-12-18
(Address of Property)
12. SETTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1) Expenses payable by Seller(Seller's Expenses):
(a) Releases of existing liens, including prepayment penalties and recording fees; release of
Seller's loan liability; tax statements or certificates; preparation of deed; one-half of
escrow fee;and other expenses payable by Seller under this contract.
(b) Seller shall also pay an amount not to exceed$ NIA to be applied in the
following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA,
Texas Veterans Land Board or other governmental loan programs, and then to other
Buyer's Expenses as allowed by the lender.
(2) Expenses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees;
origination charges; credit reports; preparation of loan documents; interest on the notes
from date of disbursement to one month prior to dates of first monthly payments;
recording fees; copies of easements and restrictions; loan title policy with endorsements
required by lender; loan-related inspection fees; photos; amortization schedules; one-half
of escrow fee; all prepaid items, including required premiums for flood and hazard
insurance, reserve deposits for insurance, ad valorem taxes and special governmental
assessments; final compliance inspection; courier fee; repair inspection; underwriting fee;
wire transfer fee; expenses incident to any loan; Private Mortgage Insurance Premium
(PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the
lender;and other expenses payable by Buyer under this contract.
B. If any expense exceeds an amount expressly stated in this contract for such expense to be
paid by a party, that party may terminate this contract unless the other party agrees to pay
such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas
Veterans Land Board or other governmental loan program regulations.
13. PRORATIONS AND ROLLBACK TAXES:
A. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and
rents will be prorated through the Closing Date. The tax proration may be calculated taking
into consideration any change in exemptions that will affect the current year's taxes. If taxes
for the current year vary from the amount prorated at closing, the parties shall adjust the
prorations when tax statements for the current year are available. If taxes are not paid at or
prior to closing,Buyer shall pay taxes for the current year.
B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the
assessment of additional taxes, penalties or interest (Assessments) for periods prior to closing,
the Assessments will be the obligation of Buyer. If Assessments are imposed because of
Seller's use or change in use of the Property prior to closing, the Assessments will be the
obligation of Seller.Obligations imposed by this paragraph will survive closing.
14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other
casualty after the Effective Date of this contract, Seller shall restore the Property to its previous
condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to
do so due to factors beyond Seller's control, Buyer may (a) terminate this contract and the
earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and
the Closing Date will be extended as necessary or (c) accept the Property in its damaged
condition with an assignment of insurance proceeds, if permitted by Seller's insurance carrier,
and receive credit from Seller at closing in the amount of the deductible under the insurance
policy. Sellers obligations under this paragraph are independent of any other obligations of Seller
under this contract.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller
may (a) enforce specific performance, seek such other relief as may be provided by law, or both,
or (b) terminate this contract and receive the earnest money as liquidated damages, thereby
releasing both parties from this contract. If Seller fails to comply with this contract Seller will be
in default and Buyer may (a) enforce specific performance, seek such other relief as may be
provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby
releasing both parties from this contract.
16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes
through alternative dispute resolution procedures such as mediation. Any dispute between Seller
and Buyer related to this contract which is not resolved through informal discussion will be
submitted to a mutually acceptable mediation service or provider. The parties to the mediation
shall bear the mediation costs equally. This paragraph does not preclude a party from seeking
equitable relief from a court of competent jurisdiction.
17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who
prevails in any legal proceeding related to this contract is entitled to recover reasonable
attorney's fees and all costs of such proceeding.
18. ESCROW:
A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for
the performance or nonperformance of any party to this contract, (ii) liable for interest on the
earnest money and (iii) liable for the loss of any earnest money caused by the failure of any
financial institution in which the earnest money has been deposited unless the financial
institution is acting as escrow agent.
B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment,
then to Buyer's Expenses and any Wagegfunded to Buyer. If no closing occurs escrow
TAR 1607 Initialed for identification by Buyer„ "� Seller TREC NO.9-13
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Contract Conceming Page 6 of 9 2-12-18
(Address of Pmperty)
agent may: (i) require a written release of liability of the escrow agent from all parties, (it)
require payment of unpaid expenses incurred on behalf of a party, and (iii) only deduct from
the earnest money the amount of unpaid expenses incurred on behalf of the party receiving
the earnest money.
C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a
release of earnest money to each party and the parties shall execute counterparts of the
release and deliver same to the escrow agent. If either party fails to execute the release, either
party may make a written demand to the escrow agent for the earnest money. If only one
party makes written demand for the earnest money, escrow agent shall promptly provide a
copy of the demand to the other party. If escrow agent does not receive written objection to
the demand from the other party within 15 days, escrow agent may disburse the earnest
money to the party making demand reduced by the amount of unpaid expenses incurred on
behalf of the party receiving the earnest money and escrow agent may pay the same to the
creditors. If escrow agent complies with the provisions of this paragraph, each party hereby
releases escrow agent from all adverse claims related to the disbursal of the earnest money.
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the escrow
agent within 7 days of receipt of the request will be liable to the other party for (t) damages;
(ti)the earnest money;(iii)reasonable attorney's fees;and(iv)all costs of suit.
E, NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21.
Notice of objection to the demand will be deemed effective upon receipt by escrow agent.
19. REPRESENTATIONS: All covenants, representations and warranties in this contract
survive closing. If any representation of Seller in this contract is untrue on the Closing Date,
Seller will be in default. Unless expressly prohibited by written agreement, Seller may continue to
show the Property and receive,negotiate and accept back up offers.
20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person; as defined by Internal
Revenue Code and its regulations, or if Seller falls to deliver an affidavit or a certificate of non-
foreign status to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the
sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the
Internal Revenue Service together with appropriate tax forms. Internal Revenue Service
regulations require filing written reports if currency in excess of specified amounts is received in
the transaction.
21. NOTICES: All notices from one party to the other must be in writing and are effective
when mailed to,hand-delivered at,or transmitted by fax or electronic transmission as follows:
To Buyer To Seller
at: John I.Escoto&Malty E.EccgSo......... at:
..... ........
oo: Mlchekle@TopHatRea0tyGroup.com ..., ... ,,,,.
Phone: 069,2,)583- 6........ Phone.
Fax: Fax:
E-mail: es cotojlmawOmaiLoom E-mail: .
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties
and cannot be changed except by their written agreement. Addenda which are a part of this
contract are(check all applicable boxes):
❑ Third Party Financing Addendum �.....� Addendum for Coastal Area Property
�J Seller Financing Addendum C.....a Environmental Assessment,Threatened or
❑ Addendum for Property Subject to Endangered Species and Wetlands
Mandatory Membership in a Property Addendum
Owners Association ❑ Addendum for Property Located Seaward
❑ Buyer's Temporary Residential Lease of the Gulf Intracoastal Waterway
❑ Seller's Temporary Residential Lease ❑ Addendum for Sale of Other Property by
® Buyer Addendum for Reservation of Oil,Gas ����
and Other Minerals ,,,.� Addendum for Property in a Propane Gas
❑ Addendum for"Back-Up"Contract System Service Area
❑ Addendum Concerning Right to rXa G.'kklnen•(liisk): Exhlbi8, ®�npe.0ccu.Pent
Terminate Due to Lender's Appraisal
TAR 1607 Initialed for identification by Buyer" nd Seller TREC NO.9-1'3
Produce AM zlffon by zipLogix 1070 Fftan MOe Road,Freest,Michigan ZOOM YlaM'.dgLggj&rgm ]N.m John&
Contract Conceming 4705 Cummings Drive North Richland Hills,TX 761804237 Page 7 of 9 2-12-18
(Address of Property)
23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby
acknowledged by Seller, and Buyer's agreement to pay Seller$ 200.00 (Option Fee)
within 3 days after the Effective Date of this contract, Seller grants Buyer the unrestricted right
to terminate this contract by giving notice of termination to Seller within 8 days after the
Effective Date of this contract (Option Period). Notices under this paragraph must be given by
5:00 p.m. (local time where the Property is located) by the date specified. If no dollar amount
is stated as the Option Fee or if Buyer fails to pay the Option Fee to Seller within the time
prescribed, this paragraph will not be a part of this contract and Buyer shall not have the
unrestricted right to terminate this contract. If Buyer gives notice of termination within the time
prescribed, the Option Fee will not be refunded; however, any earnest money will be refunded to
Buyer. The Option Fee ®will []will not be credited to the Sales Price at closing. Time Is of the
essence for this paragraph and strict compliance with the time for performance is
required.
24. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate license holders
from giving legal advice. READ THIS CONTRACT CAREFULLY.
Buyers Seller's
Attorney is ... ............ F1flonimy is:......,.
Phone: Phone:
Fax: Fax:
E-mail: E-mail:
EXECUTED the day of (Effective Date).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
a
City ll
n II.Vilsz-0 City of North Richland Hills
"2A
Ih lupyt aaiier
Marry II'. ®soot'
The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are
intended for use only by trained real estate license holders. No representation is made as to the legal
A validity or adequacy of any provision in any specific transactions. It is not intended for complex
(V- transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000
(http:/Aw .trec.texas.gov)TREC NO.9-13.This form replaces TREC NO.9-12.
TAR 1607 TREC NO.9-13
Produced with zipFonn@ by zipLogix 18070 Fifteen Mlle Reed,Fmser,Michigan 48026 lti s zlpL4ga,wm E..1,Johe&
Contact Conw,0111111119 47Q5 Curren! ir Drive North Richland Hills,TX 76180-8237
----_--------J--------- ------------- Pago 8 cA 9 212-18
tAddvms Of PIVID011Y�
..................................................................................
BROKER INFORMATION
(Print name(s)only.Do not sign)
Tod Nat Realty Orzsup LP 007405 Keller Williams Raslfy 0495442
Other Broker Firm License No, listing Broker Firm License No.
represents RX Buyer only as Buyers agent represents ❑Seller and Buyer as an intermediary
❑Seller as Listing Brokers subagent ®Seller only as Sellers agent
D.MichalleV.11 is 0354782 Lori Mira 0601583
...y1h_ .
A�late's Name License No. Name —Licens-e No-.
Micholleff[apHatRealt y.Group
xam !Rrherarealtor @W mall.com 171734 43011.
. ...................
Associate's Ernal[Address Phone Lisfirii"Associate's Email Address Phone
. .....................................................................................
icansed Supervisor of Associate License No. Licensed Supervisor of Listing Associate License No.
9137 Selahlre IDrive
................................................(677$57-6667
...............................................(917199-6667 2.1
Other Brokers Address Phone Listing Brokers Office Address Phone
North Richland Hills TX 76182 Southlake TX 76092
..ip . .....................................................................—
City state City State Zip
selling Associate's(Name License No.
Selling Associate's Email Address Phone
-Licensed Supervisor of Selling Associate license No.
Selling' A s s o c"i'a—Ke's Office Address
i5i'y'.............................— —state— —Zip
Listing Broker has agreed to pay Other broker 3.000% of the total sales price
when the Listing Brokers fee is received. Escrow agent is authorized and directed to pay Other Broker from
Listing Broker's fee at closing.
.................. ........................................................................
TAR 1607 TREC NO.9-13
Produced wfthzipForr0byzipLogk 18070 Fifteen Mile Road,Freser,Michigan 48026 En Jahn A,
Cafted CopmrNng....................4765 Cummings Drive North Richland Hills,TX 761804237 Page 9 of 9 2-12-18
-Q)—Wdllll a"v4 —
------------------- ----------------- -------------------I------------------------------------
OPTION FEE RECEIPT
Receipt of $ (Option Fee) in the form of
is acknowledged.
;zaallllauu auir ll-11-S-H-n,-8-1",Ike r------------------------------------- -------- -------------------------------------Date-
------------------------------------- ------------------- ------------------ ---------------------------------
----------I----------------------------------------------------------—------------------ ---------------------
EARNEST MONEY RECEIPT
Receipt of $ Earnest Money in the form of
is acknowledged.
-- -------------------------------------------------- ---------------------- ---------------- - ------
ir=scirow A qsnt Rec*11ved lby Eirmill Addmss Dak,01nie
--------------- ------------------------
Akqiil-AH-U Ph(=
----—--------------------—------------------ --------------- --------------- --------------------11---
cny 1511919 Z11p 11-sx.
--------------------------------------- —-------- --------I------------------ ------------------- -------- ---I
--------------------------- ----------------- ---------------------- ---------------------------------------------
CONTRACT RECEIPT
Receipt of the Contract is acknowledged.
d�4cnt----------------------------- -----7-w-x;jv-o d--b-y ----------------------------------
---------- ---------------------- ------- ----------- --------------------—---------------
Addireas Phone
CRY----------------------------------11'11we---- -------------;.q I D- -------------------------------------F'R--x j
----------------------------------—------------------ -----------------------------------------------
------------------------------ ------------------ ------------------- --------------------------------------- ----
ADDITIONAL EARNEST MONEY RECEIPT
Receipt of $ additional Earnest Money in the form of .......
is acknowledged.
Ec-ir-a m---A,g"ant---------------------------------11 d-,'by IrMvuu null A--d-d-m-a-s------------------------------115-pik-,W-11511 i-m-,
Phone
-------------- - ------------------�'N-9 be -----------------Z 1-1p -------- -----------------------------117-a-Y,
-----------—-------- ---------------- --------------------------------------I----------
TAR 1607 TREC NO.9-13
Produced W"i,Fonn4D by ApLogk 76070 Fifteen Mile Road,Fraser,Michigan 48026 WAVjUftgjx r= Eacma,Jaime&
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-18-14
ADDENDUM FOR RESERVATION OF OIL, GAS, AND OTHER MINERALS
ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT
4705 Cummings Drive,Fort Worth,TX 76180
(Street Address and City)
NOTICE: For use ONLY if Seller reserves all or a portion of the Mineral Estate.
A. "Mineral Estate" means all oil, gas, and other minerals in and under and that may be produced from the
Property, any royalty under any existing or future mineral lease covering any part of the Property,
executive rights (including the right to sign a mineral lease covering any part of the Property), implied
rights of ingress and egress, exploration and development rights, production and drilling rights, mineral
lease payments, and all related rights and benefits. The Mineral Estate does NOT include water, sand,
gravel, limestone, building stone, caliche, surface shale, near-surface lignite, and iron, but DOES include
the reasonable use of these surface materials for mining, drilling, exploring, operating, developing, or
removing the oil, gas, and other minerals from the Property.
B. Subject to Section C below, the Mineral Estate owned by Seller, If any, will be conveyed unless reserved
as follows (check one box only):
(1) Seller reserves all of the Mineral Estate owned by Seller.
(2) Seller reserves an undivided -_..........____interest in the Mineral Estate owned by Seller. NOTE. If
Seller does not own all of the Mineral Estate, Seller reserves only this percentage or fraction of
Seller's interest.
C. Seller 13 does IM does not reserve and retain implied rights of ingress and egress and of reasonable use
of the Property (including surface materials) for mining, drilling, exploring, operating, developing, or
removing the oil, gas, and other minerals. NOTE., Surface rights that may be held by other owners of the
Mineral Estate who are not parties to this transaction (including existing mineral lessees) will NOT be
affected by Seller's election. Seller's failure to complete Section C will be deemed an election to convey all
surface rights described herein.
D. If Seller does not reserve all of Seller's interest in the Mineral Estate, Seller shall, within 7 days after the
Effective Date, provide Buyer with the contact information of any existing mineral lessee known to Seller.
IMPORTANT NOTICE: The Mineral Estate affects important rights, the full extent of which may
be unknown to Seller. A full examination of the title to the Property completed by an attorney
with expertise in this area is the only proper means for determining title to the Mineral Estate
with certainty. In addition, attempts to convey or reserve certain interest out of the Mineral
Estate separately from other rights and benefits owned by Seller may have unintended
consequences. Precise contract language is essential to preventing disagreements between
present and future owners of the Mineral Estate. If Seller or Buyer has any questions about
their respective rights and interests in the Mineral Estate and how such rights and interests
may be affected by this contract, they are strongly encouraged to consult an attorney with
expertise in this area.
CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate licensees from giving legal
advice. READ THIS FORM CAREFULLY.
yer Seller
Buy Seller
The form of this addendum has been approved by the Texas Real Estate Commission for use with similarly approved or
promulgated contract forms. Such approval relates to this contract form only.TREC forms are intended for use only by
TIMCtrained real estate license holders. No representation is made as to the legal validity or adequacy of any provision In any
specific transactions. it is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188,Austin,
TX 78711-2188,512-936-3000(http://www.tmc.texas.gov)TREC No.44-2.This form replaces TREC No.44-1.
TREC NO. 44-2
TXR 1905
EXHIBIT ATO
UNIMPROVED PROPERTY CONTRACT BETWEEN:
SELLER� O
6�
BUYER:
Buyer agrees that the Property shall ba improved for a single-family residence, and such residence, and
any subsequent improvements on the Property,are to be occupied by the owner of the Property for a period
of 5 years from the Closing Date and shall not be made available as rental property within five (5) years of
the Closing Date. Buyer further agrees that if Buyer sells the Property within the aforementioned five-year
period, the Property shall not be sold to a subsequent buyer unless that buyer, as owner, agrees to occupy
the Property for the remainder of the five-year period, and agrees not to make the Property available as
rental property for the remainder of the five year period. Any violation of this provision by Buyer shall be
considered a default of this Contract under Section 15, and in addition to other remedies available under
the law, including but not limited to injunctive relief, Seller shall be entitled to enforce specific performance
of this provision.
` 7
_
BUYER:
pMNTE0 lmmm|��mmn mwn^E.e�mo /
DATE:� � — �
---�o-��------ � x omte --_ a�_-~~�������:�..~ �. �__-
SELLER:
PRINTED: CITY OF NORTH R|CHLANDHILLS
fg1tH
NORTH RICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: March 25, 2019
SUBJECT: Announcements
PRESENTER:
GENERAL DESCRIPTION:
At each Council meeting a member of the governing body announces upcoming events
in the City and recognizes an employee that exemplifies the City's core values.
Announcements:
Help us welcome author Gretchen Rubin to the North Richland Hills Library this
Wednesday, March 27. Ms. Rubin will visit to release her newest non-fiction book
"Outer Order, Inner Calm." A ticketed reception will be held at noon, followed at 1 p.m.
by a free speaking engagement and book signing. Please visit the library's website for
more information.
Join us for a family movie night on the NRH Centre Plaza this Friday, March 29
featuring the classic movie "Ferris Bueller's Day Off." The movie will begin at 7:30 p.m.
Seating is on the lawn. Bring your lawn chairs, blankets and snacks. Admission is free
and concessions will be available to purchase. Contact the NRH Centre with any
questions.
`Round the Town with Oscar monthly bicycle rides and walks resume in April. The rides
and walks provide residents a great opportunity to get outdoors, visit with Mayor Trevino
and other city leaders, meet new people and be active in NRH. Ride and walk routes
will change each month. Please visit the city's website to view the schedule and
locations.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
Scott Pearce and Jason Smith, Parks Department — A resident emailed her thanks
for the Parks Department employees who helped her husband. Scott and Jason noticed
the man struggling to remove a tree that had fallen on two cars in the family's driveway
and stopped to assist him. The resident said we have amazing staff and she was very
appreciative that they would take time to help.