HomeMy WebLinkAboutCC 2023-09-25 Agendas t4RH
NOKTH RICH�AND HILLS
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
MONDAY, SEPTEMBER 25, 2023
WORK SESSION: 5:45 PM
Held in the Council Workroom
CALL TO ORDER
1 Discuss items from regular City Council meeting..,
2. Discuss the proposed Neighborhood Empower ent Zone
Program for avis Boulevard and Boulevard 26.
3. Discuss possible changes to the Planning_ and Zoning Commission to
include one or more Alternate positions.
4. Discuss City Council Rules of Procedure.
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.
Monday, September 25, 2023 City Council Agenda
Page 1 of 4
REGULAR MEETING: Immediately following executive session (but no
earlier than 7:00 p.m.)
Held in the City Hall Council Chambers
A. CALL TO ORDER
A.1 INVOCATION - COUNCIL MEMBER COMPTON
A.2 PLEDGE - COUNCIL MEMBER COMPTON
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 City Council during
citizens presentation, a Public Meeting Appearance Card must be completed
and presented to the City Secretary prior to the start of the City Council
meeting.
A.5 PUBLIC COMMENTS
An opportunity for citizens to address the City Council on matters which are
scheduled on this agenda for consideration by the City Council, but not
scheduled as a public hearing. In order to address the City Council during
public comments, a Public Meeting Appearance Card must be completed and
presented to the City Secretary prior to the start of the City Council meeting.
A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
B.1 Approye minutes of the May 0- 1, 2022 City Council Goals Work
Session.
B.2 Approve minutes of the February 24, 2023 City Council Goals Work
Session.
B.3 ve minutes of the September 7, 0 3 City Council meeting.
B.4proye minutes of the September 11, 03 regular City Council
meeting.
Monday, September 25, 2023 City Council Agenda
Page 2 of 4
B.5 Authorize the City Manager to execute a contract instructor service
agreement with Julia Geske for pLqv iding tennis instruction services at
_
the Richland Tennis Center in an amount not to exceed $
FY2024.
C. PUBLIC HEARINGS
C-1 ZC23-0073, Ordinance No. 3812,._ Public hearing and consideration of a
request from the Socie!y_2f Saint Pius X of Fort Worth Inc. for a zoning
chgD_qt from R-7-MF (Multifamily} and C®1 (Commercial} to (School,
Church, and Institutional} at 3900 Scruggs Drive, being 0.69 acres
described as Lots 5K,6K and_19KCalloway Acres Addition.
D. PLANNING AND DEVELOPMENT
E. PUBLIC WORKS
E-1 Authorize the City Manager to execute a professional services
agreement with Aguirre & Fields, LP for engineering design services in
an amount not to exceed $55,,650for the Pedestrian Connectivity
Enhancements Project (ST2303).
E-2 Authorize the City Manager to execute a cost-sharing agreement with
Tyson Prepared Foods North Richland Hills for the Tyson 12" & 10"
Sanitary Sewer By-Pass Project (UT2207).
F. GENERAL ITEMS
F-1 Consider Ordinance No. 3816, authorizing the issuance........of......."Cj of North
Richland Hills, Texas, General Obligation Bonds Series
specifying the terms and features of such bonds; levying a continuing
direct annual ad valorem tax for the payment of such bonds;
resolving other matters incident and related to the issuance,
p.g�en�tand delivery of such bonds, including the approval and
execution ofapproval and
distribution of a Preliminary Off cial Statement and an Official Statement;
anq_2Egy!�ing an effective date.
F-2 Approve Reimbursement Resolution No. 2023-076 for projects included
in the Fiscal Year 2022/ 04 Capital Projects uget in an amount not
to exceed $9,550 000.
Monday, September 25, 2023 City Council Agenda
Page 3 of 4
F-3 Consider Resolution No. 2023-075, nominating a representative to the
Tarrant County Appraisal District Board of Directors.
F-4 Authorize the purchase of additional firefighting personal protective
equipment using an existing purchasing agreement awarded to Casco
Industries, Inc., through RFP 0-026 in the total collective purchase
amount of$1
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 WRIGHT
OUJESKY
H.1 Announcements
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, September
22, 2023 by 3:00 PM.
City Secretary
This facility is wheelchair accessible and accessible parking spaces
are available. Requests for accommodations or interpretive services
must be made 48 hours prior to this meeting. Please contact the City
Secretary's office at 817-427-6060 for further information.
Monday, September 25, 2023 City Council Agenda
Page 4 of 4
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Discuss items from regular City Council meeting.
PRESENTER: Mark Hindman, City Manger
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.
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Discuss the proposed Neighborhood Empowerment Zone (NEZ)
Program for Davis Boulevard and Boulevard 26.
PRESENTER: Paulette Hartman, Deputy City Manager
GENERAL DESCRIPTION:
At the May 2022 City Council Goals Work Session, a need was identified to address the
aging corridor conditions of Davis Boulevard and Boulevard 26 north of Interstate Loop
820 and south of Mid-Cities Boulevard and Harwood Road. After a staff presentation and
discussion on the subject at the February 2023 City Council Goals Work Session, City
Council directed work to begin on a revitalization program that would encourage and
simplify redevelopment, revitalization, and reinvestment in the Davis Boulevard and
Boulevard 26 corridors using multiple economic development tools.
At a subsequent work session on May 17, 2023, staff received input from City Council
on the direction being taken to establish a Neighborhood Empowerment Zone (NEZ) and
a Tax Increment Reinvestment Zone (TIRZ). Examples of growth figures and the city's
participation in incentives were provided, and the City Council was supportive of
establishing both an NEZ and a TIRZ.
At the September 25, 2023 City Council Work Session, staff will be presenting the draft
Neighborhood Empowerment Zone Program Incentives Policy and some initial
marketing materials. The draft Policy includes proposals that cover the following areas:
• Purpose and objectives of the program
• Project eligibility
• Description of possible incentives
• Design guidelines
• Procedural steps for application, project certification, and public hearings (as
needed).
Staff will be seeking City Council's direction and input on the Neighborhood
Empowerment Zone Program Incentives Policy, which is planned forformal action before
the end of 2023.
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Discuss possible changes to the Planning and Zoning Commission
to include one or more Alternate positions.
PRESENTER: Clayton Comstock, Planning Director
GENERAL DESCRIPTION:
North Richland Hills voters approved Proposition "F" in the May 6, 2023, Charter election,
which grants City Council the authority to appoint one or more alternate members to the
Planning and Zoning Commission. Staff will present a six-year attendance history of the
Commission and examples of how other communities' commissions are composed. City
Council will be asked to provide direction regarding whether one or more alternate
members should be added to the structure of the Commission.
Following City Council's direction, staff will draft and send forward an ordinance
formalizing any needed changes. Because the Planning and Zoning Commission also
serves as the Capital Improvements Advisory Committee, some additional areas of the
City Code may need updating to reflect any proposed changes.
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Discuss City Council Rules of Procedure.
PRESENTER: Mark Hindman, City Manager
GENERAL DESCRIPTION:
Review of the Rules of Procedure, Chapter 2, Article II, Division 2 of the Code of
Ordinances reveals some opportunities to clarify several issues regarding the formation
of the agenda for City Council meetings. City staff has surveyed area cities and will
provide an overview of these results and present options for potential amendments to the
Rules of Procedure.
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Approve minutes of the May 20-21, 2022 City Council Goals Work
Session.
PRESENTER: Traci Henderson, Assistant 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 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 May 20-21, 2022 City Council Goals Work Session.
MINUTES OF THE STRATEGIC VISION/GOALS WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
HELD AT WILDCATTER RANCH & RESORT
6062 HIGHWAY 16 SOUTH, GRAHAM, TX 76450
MAY 20-21, 2022
Present: Oscar Trevino Mayor
Rita Wright Oujesky Place 2
Suzy Compton Place 3
Mason Orr Place 4
Scott Turnage Associate Mayor Pro Tem, Place 6
Kelvin Deupree Deputy Mayor Pro Tem, Place 7
Absent: Tito Rodriguez Mayor Pro Tem, Place 1
Patrick Faram Place 5
Staff Members: Mark Hindman City Manager
Paulette Hartman Deputy City Manager
Karen Manila Assistant City Manager
Jimmy Perdue Director of Public Safety
Alicia Richardson City Secretary/Chief Governance Officer
Maleshia B. McGinnis City Attorney
Caroline Waggoner Director of Public Works
Mary Peters Communications Director
Craig Hulse Director of Economic Development
Mark Mills Director of Finance
Trudy Lewis Director of Budget and Finance
Patrick Hillis Director of Human Resources
Stan Tinney Fire Chief
Cecilia Barham Director of Library Services
Adrien Pekurney Director of Parks and Recreation
Stefanie Martinez Director of Neighborhood Services
Billy Owens Assistant to the City Manager
The City Council met on May 20, 2022 beginning at 10.00 a.m. and concluded on May
21, 2022 for the purpose of reviewing and setting goals, objectives and strategies. Mr.
Randy Pennington, Pennington Performance Group, was the facilitator for the work
session.
CALL TO ORDER
Mayor Trevino called the work session to order May 20, 2022, at 10.37 a.m. with the City
Council and staff present as recorded. Mayor Trevino and City Manager Mark Hindman
May 20-21, 2022
City Council Goals Work Session
Page 1 of 7
gave opening remarks, and each council member was given an opportunity to make
remarks.
PUBLIC COMMENTS
There were no requests to speak from the public.
CITY COUNCIL COMMUNICATION
Mr. Pennington informed City Council they would focus on policy issues as opposed to
day-to-day operations. The discussion will include fine tuning what is next to move toward
the city's vision. The final plan will reflect key action to move the City Council forward
based on advancing that vision.
The key messages that he heard from City Council during his individual meetings include
that the city is on the right track; the City Council works well together; the city did a great
job during the pandemic, which allowed the city to learn new ways to work together; great
response to Winter Storm Uri; development of City Point; TEXRail stations; successful
bond election; quality of life; regional presence; redevelopment; broad tax base; the focus
on code enforcement has been good, but it needs to remain a priority; and to maintain
high-quality staff.
Mr. Pennington said that the City Council shared the following priorities for the future
include maintaining staff and keeping up the staff morale, to include City Council staying
out of staff's business; maintaining roads and infrastructure; reviving old retail center; sit-
down restaurants; maintain quality of life amenities; complete Iron Horse and Smithfield
developments; continued focus on code enforcement; improve Davis Boulevard
streetscape; intentional development of remaining properties and learning how to balance
affordability with "Not in My Backyard"; utilization of grants for safety and security;
employee retention and recruitment; housing affordability; public engagement; and the
next bond package.
CITY COUNCIL CODE OF CONDUCT AND RULES OF PROCEDURE
Mr. Pennington stated that the consensus of the City Council is that the rules are still
working.
Mr. Pennington reviewed the current Code of Conduct - House Rules.
• Do your homework and be prepared for each meeting.
• Support final council decisions regardless of individual opinions.
• Consider issues based on what's best for the City of North Richland Hills rather
than personal considerations.
• Be truthful.
• Focus on vision, goals, and targets in making our decisions.
May 20-21, 2022
City Council Goals Work Session
Page 2 of 7
• Be open with communications. Be transparent about your thoughts and actions.
Share information that others would benefit from knowing. Tell others if you
disagree with them.
• Agree to disagree.
• Debate pending issues in the council environment.
• Treat others as you would like to be treated (Treat others with respect).
• Allow each other to discuss items fully.
• Share questions and concerns in advance whenever possible. Don't blindside
staff, council and others to sabotage.
• Respect confidentiality of executive sessions.
• When proactively communicating with citizens, ask everyone rather than a
specific/limited group. Use technology and focus groups to ensure communication
and representation with citizens.
• Be responsive. Follow practice and procedure regarding communication; be aware
of open meetings laws. Be cautious about responding to electronic communication.
Mayor Trevino recommended that "integrity" and "honesty" be added to the House Rules.
The City Council needs to hold themselves to a higher standard. There should also be an
element of ethics included in the House Rules.
CITY MISSION AND VISION
Mr. Pennington reviewed the city's current mission and vision statement. He asked the
City Council if there has been a change since 2019.
Mayor Trevino mentioned that transportation in the city has changed with the managed
lanes into downtown Fort Worth, public transit, and FM 1938 going beyond FM 1709 to
State Highway 114. The City Council needs to think about residents living in the city and
commuting to adjacent cities, such as Richardson. North Richland Hills is not locked in
by traffic concerns.
Council member Orr stated that more citizens are working remotely entirely or part of the
week. He commented that it may not be as critical for the city to have corporate
headquarters, and if so, how does that change the dynamic?
Mr. Pennington asked if it is more about connection versus access. Council member Orr
agreed that is more about connectivity for the residents.
Mr. Hindman commented that transportation is a major component and areas that have
access along 820 and 121 have potential. The city needs to look at brick and mortar that
ship items out. He mentioned the industrial areas in Richland Hills and Haltom City.
Mayor Trevino recessed the meeting at 12.36 p.m.
May 20-21, 2022
City Council Goals Work Session
Page 3 of 7
Mayor Trevino reconvened the meeting at 12.57 p.m., with the same members present.
City Council discussed the city's changing demographics and desired characteristics for
the city in 2025. The consensus was to have a city that ages well; is vibrant, safe, thriving,
inviting, and flexible; welcoming community; quality full service—healthcare, shopping
and transportation; citizen education; suburban community with urban access amenities;
and excellent value for the cost of living in North Richland Hills.
DISCUSSION OF 2019 STRATEGIC GOALS
City Council was asked to review the nine goals set at the previous planning work session
to determine if the goals are still relevant or need to be modified.
Goal #1: Quality Community Development and Revitalization
Goal #2: Efficient and Effective Transportation Systems
Goal #3: Safety & Security
Goal #4: Financial Stability
Goal #5: Positive City Image
Goal #6: A Sense of Community
Goal #7: Targeted Economic Development
Goal #8: Local and Regional Leadership
Goal #9: Efficient and Effective Delivery of City Services
The consensus was all the goals are still relevant.
SHORT TERM AND LONG-TERM STRATEGIC GOALS AND PRIORITIES
City Council received a code enforcement update from Director of Neighborhood Services
Stefanie Martinez. The City Council discussed non-compliance of nuisances for
residential and commercial properties. Staff and City Council discussed the option of
creating a dedicated court in the city to address code violations. The consensus of City
Council is for the city to move forward with a separate court for code violations.
The City Council received an update on redevelopment in the city. There were no
concerns from City Council.
City Council and staff discussed leadership continuity for the city. Mr. Hindman stated
that the biggest threat to the organization is losing employees from the senior leadership
team and directors that report to them.
Mayor Trevino recessed the work session at 4.33 p.m. and reconvened the work session
at 4.48 p.m., with the same members present.
May 20-21, 2022
City Council Goals Work Session
Page 4 of 7
Mr. Pennington reviewed the objectives and action items in the Goal Implementation
Report for relevance. Items were removed that had been completed or were no longer
relevant, modifications were made to some, and new items were added.
Goal 1: Quality Community Development and Revitalization
Modifications:
Update language from "Develop City Point Area" to "Develop main corridor
development".
Update language to remove " for developers" and "residential housing and " from
"Identify and implement potential incentives for developers to redevelop residential
housing and commercial properties in specific areas of the community" to read
"Identify and implement potential incentives to redevelop commercial properties in
specific areas of the community".
Goal 2: Efficient and Effective Transportation System
Modifications:
None.
Goal 3: Safety and Security
Modifications:
None.
Goal 4: Financial Stability
Modifications:
Update language to replace "where possible"with "when financially advantageous"
for "Continue pay-as-you go where possible" to read "Continue pay-as-you go
when financially advantageous".
Update language of "Maintain cash reserve policies" to "Maintain cash reserves
and financial control policies".
Goal 5: Positive City Image
Removed:
"Promote and initiate environmentally responsible programs"
Goal 6: A Sense of Community
Modifications:
May 20-21, 2022
City Council Goals Work Session
Page 5 of 7
Add "diverse" to cultivation of community leaders to read "Cultivate the next
generation of diverse community leaders".
Goal 7: Targeted Economic Development A Sense of Community
Modifications:
None.
Goal 8: Local and Regional Leadership
Modifications:
None.
Goal 9: Efficient, Effective Delivery of City Services
Removed:
"Explore improved efficiency, cost savings, and effectiveness through shared
services".
City Council and staff discussed a Charter Amendment Election. Staff recommends
removing general government employees from Civil Service and removing certain items
pertaining to employees from the City Charter and including them in the city's personnel
policies and procedures; removal process of Planning and Zoning Commission members
to align with the practice for other board and commission members; update general
provisions to coincide with state law; and amending City Council appointed officials.
In response to Mr. Hindman's question, City Council directed staff to continue with the
Citizen's Civic Academy.
Mayor Trevino recessed the meeting at 6.26 p.m. and announced that the City Council
would reconvene at 8.00 a.m. on Saturday, May 21, 2022.
Mayor Trevino reconvened the work session at 8.01 a.m. on May 21, 2022, with the
following members.
Present: Oscar Trevino Mayor
Rita Wright Oujesky Place 2
Suzy Compton Place 3
Mason Orr Place 4
Scott Turnage Associate Mayor Pro Tem, Place 6
Kelvin Deupree Deputy Mayor Pro Tem, Place 7
Absent: Tito Rodriguez Mayor Pro Tem, Place 1
Patrick Faram Place 5
May 20-21, 2022
City Council Goals Work Session
Page 6 of 7
Staff Members: Mark Hindman City Manager
Paulette Hartman Deputy City Manager
Karen Manila Assistant City Manager
Jimmy Perdue Director of Public Safety
Alicia Richardson City Secretary/Chief Governance Officer
Maleshia B. McGinnis City Attorney
EXECUTIVE SESSION: SECTION 551.071: CONSULTATION WITH CITY ATTORNEY
TO SEEK ADVICE ABOUT CITY CHARTER, V: CITY COUNCIL, SECTION 2.
QUALIFICATIONS AND ARTICLE VI: POWER AND DUTIES OF OFFICERS, SECTION
4. APPOINTMENT OR REMOVAL BY CITY COUNCIL.
Mayor Trevino announced at 8.02 a.m. that the City Council would convene into Executive
Session as authorized by Chapter 551, Texas Government Code, specifically Section
551.071: Consultation with City Attorney to seek advice about City Charter, V: City
Council, Section 2. Qualifications and Article VI: Power and Duties of Officers, Section 4.
Appointment or Removal by City Council. Executive Session began at 8.02 a.m. and
concluded at 9.19 a.m.
Mayor Trevino reconvened the work session at 9.19 a.m., with the same City Council
members present.
Mayor Trevino announced there was no action necessary as the result of Executive
Session.
ADJOURNMENT
Mayor Trevino adjourned the work session on May 21, 2022 at 9.19 a.m.
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
May 20-21, 2022
City Council Goals Work Session
Page 7 of 7
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Approve minutes of the February 24, 2023 City Council Goals Work
Session.
PRESENTER: Alicia Richardson, City Secretary/Chief Governance Officer
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 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 February 24, 2023 City Council Goals Work Session.
MINUTES OF THE GOALS WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
HELD AT NRH CENTRE, 6000 HAWK AVENUE
FEBRUARY 24, 2023
Present: Oscar Trevino Mayor
Tito Rodriguez Mayor Pro Tem, Place 1
Rita Wright Oujesky Place 2
Suzy Compton Place 3
Mason Orr Place 4
Blake Vaughn Place 5
Scott Turnage Associate Mayor Pro Tem, Place 6
Kelvin Deupree Deputy Mayor Pro Tem, Place 7
Staff Members: Mark Hindman City Manager
Paulette Hartman Deputy City Manager
Karen Manila Assistant City Manager
Jimmy Perdue Director of Public Safety
Alicia Richardson City Secretary/Chief Governance Officer
Maleshia B. McGinnis City Attorney
Caroline Waggoner Director of Public Works
Mary Peters Communications Director
Craig Hulse Director of Economic Development
Mark Mills Director of Finance
Trudy Lewis Director of Budget and Finance
Patrick Hillis Director of Human Resources
Stan Tinney Fire Chief
Cecilia Barham Director of Library Services
Adrien Pekurney Director of Parks and Recreation
Stefanie Martinez Director of Neighborhood Services
Billy Owens Assistant to the City Manager
A. CALL TO ORDER
Mayor Trevino called the Goals Work Session to order February 24, 2023, at 11.05 a.m.
B. PUBLIC COMMENTS
There were no requests to speak from the public.
C. DISCUSSION OF OBJECTIVES AND STRATEGIES FOR 2023 GOALS
City Manager Mark Hindman shared with City Council this work session is to review
objectives. The items covered today require more time than what is typically allotted for a
February 24, 2023
City Council Goals Work Session
Page 1 of 8
work session held before the City Council meeting. If it is the wish of City Council to add
more objectives, the City Council can direct the city manager to bring forward future City
Council agenda items later in the meeting. The latest citizen survey shows that the city
needs to increase efforts to maintain residential and major streets, traffic signal timing,
management of traffic flow, and code enforcement. The survey also reveals the public's
interest for the city to maintain efforts for animal control; water service; maintenance of
landscaped medians; garbage collection; police services; ambulance services; recycling
collection; parks, trails, open space; and fire services.
Staff will provide an overview of the following objective topics.
• American Rescue Plan Act ("ARPA") funding
• Street improvement update
• Updated schedule for street bond projects
• Update on bond sale
• Davis Boulevard/Boulevard 26 redevelopment
• Development update
• Future bond elections
• Growth related service demands
Mr. Hindman shared that the city will experience growth-related service demands, which
will have a fiscal impact.
Director of Budget and Research Trudy Lewis shared that the city received funds from
the American Rescue Plan Act ("ARPA"). The economic stimulus bill provided funds to
cities across the United States to expedite the recovery of the economic and health effects
of the pandemic (COVID-19) and ongoing recession. Cities across the United States
received ARPA funding. North Richland Hills received two equal tranches (payments) in
the amount of $4,757,602.50 in June 2021 and July 2022. Cities are required to submit
annual reporting of activity and all funds must be appropriated by December 31, 2024
and spent by December 31, 2026.
Tranche 1 Appropriations
• Facility requests $175757650
• Technology $179087316
• Equipment $ 4757289
• Lost revenue $ 4247985
There is a balance of$373,363 remaining from the first tanche.
February 24, 2023
City Council Goals Work Session
Page 2 of 8
Tranche 2 Appropriations
• Facility requests $1,024,500
• Technology $ 250,000
• Parks $ 101,689
There is a balance of $3,381,414 remaining from the second tanche. The total amount
of remaining ARPA funds is $3,754,777. Of the remaining funds, the final ARPA
appropriation is proposed for the following:
• Building security $ 250,000
• Library furniture replacement $ 711,000
• Davis Church purchase/demolition $1,887,877
• Lost revenue $ 539,512
The City Council and staff discussed building security. Director of Public Safety informed
City Council that the building was originally built to enhance an open space environment.
Considering recent high-profile events, the city is evaluating all facilities to improve
security and protect employees from an attack. Staff will use glass like that in the records
area of the police department and utility billing department. Council member Vaughn
commented on the cost of the glass partitions. Mr. Perdue acknowledged the amount of
money for the building security enhancements, but the city has the opportunity to utilize
ARPA funds for the security enhancements.
The City Council and staff discussed library furniture replacement. Council member
Vaughn asked if there was any consideration to reorganize the library space. Director of
Library Services Cecilia Barham shared that when the carpet was replaced, she worked
with the consultant to see how best the city can utilize their existing space. Currently, they
have 5,000 square feet of open space for expansion. Mayor Trevino and Associate Mayor
Pro Tem Turnage commented on the successful programs held at the library. Ms. Barham
informed City Council that the library sees more than 200,000 visitors a year. Mr. Hindman
stated that staff deemed this project appropriate due to the significant impact the cleaning
supplies used during COVID had on the furniture in the library.
The city utilized funds from reserves for the purchase of the former church located at
Davis and Lola Drive. The ARPA funding received will be placed in reserves.
The lost revenue will be used for salary increases, and staff anticipates utilizing funds this
year as well.
In response to Council member Wright Oujesky's question, Ms. Lewis informed City
Council that as staff prepares for the Fiscal Year 2024 budget that projects will be
submitted for the remaining ARPA funds in the amount of$366,388. Mr. Hindman stated
that staff will bring an item back to the City Council in the form of a budget amendment.
February 24, 2023
City Council Goals Work Session
Page 3 of 8
Director of Public Works Caroline Waggoner presented an overview of the city's roadway
network. The city has more than 1,050 streets and 250 centerline miles, of which 66%
are asphalt and 34% are concrete. The city has 65 traffic signals and three Texas
Department of Transportation arterials. In five years (2019-2023), the preventive street
maintenance program treated 30% of the street network (310 streets) at a cost of
$7,575,000. In 2020, voters authorized $49,875,00 for street improvements. Ms.
Waggoner provided an update on the Street Bond Program.
Street Phase
Nor'East Drive Complete
North Hills Drive Complete
Meadow Oak Drive Complete
Diamond Loch West Complete
Pear Street Complete
Nob Hill Drive Pre-Construction
Southampton Drive Complete
Ston Brooke Drive Construction
Dawn Drive Construction
Ruth Road Fiscal Year 2024
Kirk Lane Fiscal Year 2024
Wood View Drive Fiscal Year 2024
South Crest Drive Fiscal Year 2024
Sierra Drive Fiscal Year 2025
Crystal Lane Fiscal Year 2025
Daniel Drive Fiscal Year 2025
Lake Side Circle Fiscal Year 2025
Post Oak Drive Fiscal Year 2025
Windhaven Road Fiscal Year 2024
Iron Horse Boulevard West Design
Lariat Tail Design
Main Street Design
Glenview Drive Pre-Construction
Bedford-Euless Road Construction
Iron Horse Boulevard East Construction
Harmonson Road Fiscal Year 2024 start
North Richland Boulevard Fiscal Year 2024 start
Chapman Road Fiscal Year 2025 start
Mayor Trevino recommended that staff use the city's drones to fly over projects and share
the information with the public. Deputy City Manager Paulette Hartman advised that staff
periodically share information on social media. The Communications and Public Works
Departments are working on signage to inform the public of street construction projects.
Council member Vaugn commented that he likes the idea of using drones and keeping
February 24, 2023
City Council Goals Work Session
Page 4 of 8
the public notified of the city's process. He suggested the city look at paid social media
targeted marketing.
In response to Deputy Mayor Pro Tem Deupree's question, Ms. Waggoner shared that
the city partners with Tarrant County for street preventive maintenance. Most recently, the
city partnered with Tarrant County for Sunset Road.
Assistant City Manager Karen Manila provided an update on the bond sale associated
with Street Bond Program.
Year 1 of Program (2021) - $19,200,000 issued.
Nor'East Drive Diamond Loch West
North Hill Drive Pearl Street
Bedford-Euless Road Southampton Drive
Glenview Drive Iron Horse Boulevard West
Meadow Oak Drive Ston Brooke Drive
Nob Hill
Year 2 of Program (2022) - $12,405,000 issued.
Dawn Drive South Crest Drive
Lariat Trail Sierra Drive
Main Street Harmonson Road
Windhaven Road Crystal Lane
Kirk Lane Daniel Drive
Wood View Drive Post Oak Drive
Year 3 of Program (2023) - $12,375,000 issued.
North Richland Boulevard Lake Side Circle
Chapman Road Undesignated
Year 4 of Program (2024) - $5,895,000 issued.
Ruth Road I Undesi nated
Ms. Manila reviewed the city's existing tax supported debt and cumulative estimated debt
capacity through Fiscal Year 2045.
Mr. Hindman said looking forward, the city can conduct a bond election in 2025. A
committee can be appointed in 2024 to review and provide recommendations to the City
Council. The options for a street bond election includes (1) to revisit the 2020 project list
and recalculate the community rating using the current pavement condition as projected
February 24, 2023
City Council Goals Work Session
Page 5 of 8
in the 2019 study (15 major street and 270 residential streets) or (2) start new to identify
streets and utilize the new pavement assessment data (expected in late 2023).
In addition to streets, there are other bond projects for consideration by the City Council.
Those include library infrastructure ($2,740,000), library public service improvements
($7,015,000) and new stations for Fire Station No. 2 and No. 3 ($9,100,000).
Ms. Manila responded to questions from Council member Vaughn regarding interest rate
projections and the city debt capacity.
Mayor Trevino recessed the meeting at 12.11 p.m.
Mayor Trevino reconvened the meeting at 12.30 p.m., with the same members present.
Deputy City Manager Paulette Hartman provided an update on staff's work for ways to
identify methods to revitalize the Davis Boulevard and Boulevard 26 corridor. Staff
focused on continuing the Vision203O plan, which includes:
• Revitalization grant programs for homes and businesses
• Vacant buildings or buildings perceived to be vacant or substandard
• Appearance of older commercial corridors
• Unfavorable commercial land uses
• Aging community
• Changing retail market
Director of Planning Clayton Comstock provided an overview of existing entitlements for
the identified corridor. The majority of the land use is C-1 and C-2 (commercial) and LR
(local retail); with I-1 (industrial); U (institutional); R-7-MF (multifamily); PD (miscellaneous
planned development); and OC (outdoor commercial). There are numerous property
owners, which will require participation for full corridor solutions. This area is an aging
corridor with development that pre-dated City Council's review authority for special use
permits and enhanced architecture and landscaping.
Mayor Trevino asked staff if developers would perceive the changes as a hinderance to
redevelop the targeted corridor. Ms. Hartman confirmed that it could be a hinderance to
developers. Staff seeks direction from City Council about moving forward to entice
developers.
Director of Economic Development Craig Hulse shared that an aging corridor depreciates
the improvement value. Within the identified corridor, approximately 60% of the buildings
are 40+ years old and the current taxable property value is $120 million. An
underperforming corridor can be seen as not fitting in with the rest of the area, no longer
meeting the needs or expectations of the user, or physical deterioration. A deterrent to
revitalization is when the remedies exceed the value of the property.
Ms. Hartman provided examples of successful corridor revitalization and redevelopment.
February 24, 2023
City Council Goals Work Session
Page 6 of 8
Director of Neighborhood Services Stefanie Martinez provided an overview of the
progress made to date in code enforcement within the corridor. The city currently has 29
code cases open (15 landscaping and signs, nuisance and zoning) and 25 substandard
cases (faulty weather protection, broken/missing windows, and building damage). The
city has resolved 33 cases in the past six months.
Ms. Hartman informed City Council that Neighborhood Services is reviewing ratings for
commercial buildings. This will allow City Council to provide direction to staff. This project
will be presented at a future meeting to seek direction from City Council.
Ms. Harman provided an overview of options to leverage policy, planning, and investment
to facilitate corridor revitalization.
• Economic Development Agreement (EDA)
• Tax Increment Reinvestment Zone (TIRZ)
• Empowerment Zone (EZ)
Mr. Comstock surveyed the City Council regarding code enforcement issues located in
city corridors. Staff will schedule a future work session to discuss economic development
strategies and initiate long range urban design and land use plan.
The City Council and staff discussed projects for a 2025 bond program.
D. PROVIDE DIRECTION TO CITY MANAGER FOR FUTURE CITY COUNCIL
AGENDA ITEMS
The City Council had no items for the City Manager.
E. EXECUTIVE SESSION
EA SECTION 551.074: PERSONNEL MATTERS TO DELIBERATE THE
EMPLOYMENT, EVALUATION,AND DUTIES OF PUBLIC EMPLOYEES—CITY
MANAGER.
Mayor Trevino announced at 3.22 p.m. that the City Council would convene into Executive
Session as authorized by Chapter 551, Texas Government Code, specifically Section
551.074: Personnel matter to deliberate the employment, evaluation, and duties of public
employees— City Manager. Executive Session began at 3.25 p.m. and concluded at 4.15
p.m.
Mayor Trevino reconvened the Goals Work Session at 4.15 p.m., with the same City
Council members present.
February 24, 2023
City Council Goals Work Session
Page 7 of 8
Mayor Trevino announced there was no action necessary as the result of Executive
Session.
F. ADJOURNMENT
Mayor Trevino adjourned the Goals Work Session at 4.15 p.m.
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
February 24, 2023
City Council Goals Work Session
Page 8 of 8
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Approve minutes of the September 7, 2023 City Council meeting.
PRESENTER: Traci Henderson, Assistant 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 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 September 7, 2023 City Council meeting.
MINUTES OF THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL 4301 CITY POINT DRIVE
SEPTEMBER 7, 2023
REGULAR MEETING
A. CALL TO ORDER
Mayor Trevino called the meeting to order September 7, 2023 at 7.01 p.m.
Present: Oscar Trevino Mayor
Tito Rodriguez Place 1
Rita Wright Oujesky Place 2
Suzy Compton Place 3
Mason Orr Place 4
Blake Vaughn Associate Mayor Pro Tem, Place 5
Kelvin Deupree Mayor Pro Tem, Place 7
Absent: Scott Turnage Deputy Mayor Pro Tem, Place 6
Staff Members: Mark Hindman City Manager
Traci Henderson Assistant City Secretary
Maleshia B. McGinnis City Attorney
Absent: Alicia Richardson City Secretary/Chief Governance Officer
A.1 INVOCATION
Council member Rodriguez gave the invocation.
A.2 PLEDGE
Council member Rodriguez led the Pledge of Allegiance to the United States and Texas
flags.
A.3 CITIZENS PRESENTATION
Mr. Jeff Paul, 5125 Colorado Boulevard, thanked the police department for visiting with
him related to varied issues on his street and the importance of town hall meetings.
September 07, 2023
City Council Meeting Minutes
Page 1 of 5
Ms.Shawna Stiles, 3908 Lochridge Court, spoke in opposition of chickens.
A.4 PUBLIC COMMENTS
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
B.1 APPROVE MINUTES OF THE JULY 29, 2022 CITY COUNCIL BUDGET WORK
SESSION.
APPROVED
A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY
COUNCIL MEMBER COMPTON TO APPROVE THE MINUTES OF THE JULY 29, 2022
CITY COUNCIL BUDGET WORK SESSION AS CORRECTED.
MOTION TO APPROVE CARRIED 6-0.
B.2 APPROVE MINUTES OF THE AUGUST 4, 2023 CITY COUNCIL BUDGET
WORK SESSION.
APPROVED
A MOTION WAS MADE BY COUNCIL MEMBER WRIGHT OUJESKY, SECONDED BY
COUNCIL MEMBER RODRIGUEZ TO APPROVE THE MINUTES OF THE AUGUST 4,
2023 CITY COUNCIL BUDGET WORK SESSION.
MOTION TO APPROVE CARRIED 6-0.
C. PUBLIC HEARINGS
CA PUBLIC HEARING ON THE FISCAL YEAR 2023/2024 PROPOSED
OPERATING AND CAPITAL BUDGET.
Mayor Trevino opened the public hearing and called on Director of Budget and Research
Trudy Lewis to present the item.
Ms. Lewis provided an overview of the city's mission statement; organizational chart; and
September 07, 2023
City Council Meeting Minutes
Page 2 of 5
employees per resident for the last 10 years. Ms. Lewis shared the annual budget
guiding principals, which includes citizen input via biennial surveys, request tracker
submissions; City Council goals and objectives; market conditions related to regulatory
changes; inflation and labor market. Ms. Lewis provided results from the previous citizen
survey; and City Council goals and the labor markets. Ms. Lewis reviewed the proposed
fiscal year operating budget. The General Fund makes up 40%; Utility Fund 28%; Debt
Service 10%; Park Fund 8%; Crime Control and Prevention District fund 5%; Aquatic
Fund 4%; Golf Fund 2%; all other funds 3%.
City Council and staff discussed the budget if the proposed tax rate fails; person
responsible to adjust the new budget funds available; funding priorities; citizen survey
questions; growth metrics/method used to determine departmental growth; one time use
funds related to salaries; future salary funding; shared resources/funding for jail and
dispatch center; number of renters in the city; non-voter approved debt and interest;
procurement requirements; internal versus external legal services; and consideration of a
third party efficiency audit.
Mayor Trevino asked the Assistant City Secretary to call on those who completed a
public meeting appearance form to speak during the public hearing.
The following people spoke in opposition: Ms. Crystal Main, 9216 Winslow Court; Mr.
David Lowe, 7424 Park Place Drive; Ms. Desiree Harding, 8000 Stanley Street; Ms.
Tracey Bennett, 3825 Scruggs Drive; Mr. Larry Fortney, 8016 Mickey Street; Mr. Steve
Ritter, 6129 Marquita Mews; Mr. John Schleeter, 6553 Northern Dancer Drive; and Mr.
Pete Collins, 6737 Mabell Street.
The following people spoke in support: Mr. Todd Espy, 4301 City Point Drive, (spoke on
behalf of Police Association); Mr. Chad Baker, 1434 Eason Road, Jacksboro, Texas
(spoke on behalf of Firefighter Association and more than 10 individuals present); Ms.
Jane Birkes, 8321 Main Street; Mr. Jeff Paul, 5125 Colorado Boulevard; Ms. Shawna
Stiles, 3908 Lochridge Court; and Ms. Karen Boyer, 8624 Lantana Drive.
There being no one else wishing to speak, Mayor Trevino closed the public hearing.
Mayor Trevino announced there is no further action required from City Council tonight.
On Monday, September 11 at 7.00 p.m., the City Council will vote on the adoption of the
2023-2024 proposed budget.
C.2 PUBLIC HEARING ON THE TAX YEAR 2023 (FISCAL YEAR 2023/2024)
PROPOSED TAX RATE
Mayor Trevino opened the public hearing and called on Director of Budget and Research
September 07, 2023
City Council Meeting Minutes
Page 3 of 5
Trudy Lewis to present the item.
Ms. Lewis shared the 2023 net taxable values; Tax Year 2023 proposed tax rate; city
offered tax exemptions; tax ceilings; homestead tax rate impact comparison; average
residential taxable value; proposed tax rate comparison; average residential tax bill; and
average single family home value. The proposed city tax rate distribution by department
is 49% public safety; 25% streets and traffic; 8% facilities; 7% administrative services;
4% Library; 4% neighborhood services; and 3% parks and recreation. Ms. Lewis
reviewed the tax rate distribution for the school district, county and city.
City Council and staff discussed determination components of the tax bill; certified tax roll
and the authenticity/accuracy of the tax roll; concern of over-taxing citizens; state law
that governs tax rate; city's limited participation with Tarrant Appraisal District (TAD);
timing options to appoint to the TAD Board; and value protesting options for citizens.
Mayor Trevino asked the Assistant City Secretary to call on those who completed a
public meeting appearance form to speak during the public hearing.
The following people spoke in opposition: Mr. Devin Pipes, 6312 Brynwych Lane; Ms.
Crystal Main, 9216 Winslow Court; Mr. Matt Reed, 5145 Gentling Place; Ms. Ingrid
Trimm, 8440 Stephanie Drive; Mr. James Trimm, 8440 Stephanie Drive; Mr. David Lowe,
7427 Park Place Drive; Ms. Stacey Ritter, 8400 Donna Drive; Mr. John Schleeter, 6553
Northern Dancer Drive; Ms. Tracy Bennett, 3825 Scruggs Drive; Mr. Larry Fortney, 8016
Mickey Street; Mr. Joe Proctor, 8604 Matt Drive; Ms. Kaitlyn Pleasant, 7708 College
Circle; and Ms. Teresa Farquhar, 8904 Ashcraft Drive.
The following people spoke in support: Ms. Shawna Stiles, 3908 Lochridge Court; Ms.
Pam Horton, 7324 Lindwall Court; and Mr. John Dias, 4904 Delta Court.
There being no one else wishing to speak, Mayor Trevino closed the public hearing.
Mayor Trevino announced there is no further action required from City Council tonight.
On Monday, September 11 at 7.00 p.m. the City Council will vote on the adoption of the
tax rate.
D. ADJOURNMENT
Mayor Trevino adjourned the meeting at 9:57p.m.
September 07, 2023
City Council Meeting Minutes
Page 4 of 5
Oscar Trevino, Mayor
ATTEST:
Traci Henderson
Assistant City Secretary
September 07, 2023
City Council Meeting Minutes
Page 5 of 5
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Approve minutes of the September 11, 2023 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 September 11, 2023 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
SEPTEMBER 11, 2023
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
11th day of September 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
Tito Rodriguez Mayor Pro Tem, Place 1
Rita Wright Oujesky Place 2
Suzy Compton Place 3
Mason Orr Place 4
Blake Vaughn Associate Mayor Pro Tem, Place 5
Kelvin Deupree Mayor Pro Tem, Place 7
Absent: Scott Turnage Deputy Mayor Pro Tem, Place 6
Staff Members: Mark Hindman City Manager
Paulette Hartman Deputy City Manager
Karen Manila Assistant City Manager
Caroline Waggoner Assistant City Manager
Alicia Richardson City Secretary/Chief Governance Officer
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.
City Council had no questions for staff.
2. DISCUSS CHANGES TO THE MOBILE FOOD UNIT ORDINANCE
FOLLOWING H.B. 2878.
Director of Neighborhood Services Stefanie Martinez provided an update on the
proposed changes to the mobile food unit ordinance to comply with House Bill 2878.
Pursuant to the house bill, the city no longer has authority over mobile food trucks. The
responsibility for inspecting and permitting mobile food units is Tarrant County Public
Health. The city will continue to have authority to enforce locations where mobile food
September 11, 2023
City Council Meeting Minutes
Page 1 of 10
units operate and the hours of operation. Ms. Martinez reviewed approved and restricted
locations for mobile food units.
3. DISCUSS REQUEST FOR FUTURE AGENDA ITEM REGARDING A FISCAL
YEAR 2023-2024 EFFICIENCY AUDIT.
Associate Mayor Pro Tem Vaughn discussed the purpose of conducting an efficiency
audit. An audit will review city departments, programs and processes. The audit is
performed by a third party auditor and the final report provides quantifiable ideas to save
money or implement projects/programs. If the report identifies a process or program as
being inefficient it does not necessarily mean the city follows the suggestions of the
report.
The City Council discussed the request to place an efficiency audit on a future agenda.
City Council directed staff to place an item on a future work session agenda to discuss
an efficiency audit. Staff was directed to look at cities that are comparable to North
Richland Hills.
EXECUTIVE SESSION
There being no Executive Session, Mayor Trevino adjourned work session at 6.25 p.m.
REGULAR MEETING
A. CALL TO ORDER
Mayor Trevino called the meeting to order at 7.00 p.m.
Present: Oscar Trevino Mayor
Tito Rodriguez Mayor Pro Tem, Place 1
Rita Wright Oujesky Place 2
Suzy Compton Place 3
Mason Orr Place 4
Blake Vaughn Associate Mayor Pro Tem, Place 5
Kelvin Deupree Mayor Pro Tem, Place 7
Absent: Scott Turnage Deputy Mayor Pro Tem, Place 6
Staff Members: Mark Hindman City Manager
Alicia Richardson City Secretary/Chief Governance Officer
Maleshia B. McGinnis City Attorney
A.1 INVOCATION
Council member Wright Oujesky gave the invocation.
September 11, 2023
City Council Meeting Minutes
Page 2 of 10
A.2 PLEDGE
Council member Wright Oujesky led the Pledge of Allegiance 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
Mr. Charlie Ruiz, 4109 Vance Road, spoke in support of backyard hens.
Mr. Nathan Ruiz, 4109 Vance Road, spoke in support of backyard hens.
Mr. Jack McCarty, 8800 Rumfield Road, spoke in support of backyard chickens.
Ms. Ingrid Trimm, 8440 Stephanie Drive, spoke in support of backyard chickens.
Ms. Nikki Douglas, 7525 Cimarron Drive, commented on misconceptions regarding
backyard chickens.
A.5 PUBLIC COMMENTS
Mr. Jeff Paul, 5125 Colorado Boulevard, spoke in opposition to item F.2 as proposed and
F.3 as proposed related to legal services.
A.6 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 ORR, SECONDED BY MAYOR PRO
TEM DEUPREE TO APPROVE THE CONSENT AGENDA.
MOTION TO APPROVE CARRIED 6-0.
B.1 APPROVE MINUTES OF THE AUGUST 28, 2023 REGULAR CITY COUNCIL
MEETING.
September 11, 2023
City Council Meeting Minutes
Page 3 of 10
B.2 AWARD RFP 22-023 TO DRISCOLL AUTOMATIC CONTROLS INC., FOR THE
ANNUAL PURCHASE OF UNINTERRUPTED POWER SUPPLY SERVICES IN
THE AMOUNT NOT TO EXCEED $80,348.
B.3 APPROVE AMENDMENT NO. 1 TO BUYBOARD CONTRACT NO. 687-22 AND
AUTHORIZE THE PURCHASE OF ONE 2023 WELLS CARGO TANDEM
ENCLOSED TRAILER FROM NORTH TEXAS TRAILERS IN AN AMOUNT NOT
TO EXCEED $14,137.63, FOR A TOTAL CUMULATIVE CONTRACT AMOUNT
OF $58,308.23.
B.4 AUTHORIZE THE PURCHASE OF 40 LIFEPAK CR2 AUTOMATIC EXTERNAL
DEFIBRILLATORS (AED) FROM STRYKER MEDICAL TO REPLACE THE
UNITS IN ALL CITY FACILITIES THAT ARE AT END OF LIFE IN THE AMOUNT
OF $94,686.
B.5 PLAT23-0046 CONSIDERATION OF A REQUEST FROM JACOB NOYOLA
FOR A FINAL PLAT OF LOTS 30 AND 31, BLOCK 6, GLENANN ADDITION,
BEING 0.679 ACRES LOCATED AT 8620 AMUNDSON DRIVE.
B.6 PLAT23-0047 CONSIDERATION OF A REQUEST FROM TEAGUE NALL &
PERKINS FOR A FINAL PLAT OF LOT 12, BLOCK 10, HILLVIEW ADDITION,
BEING 9.00 ACRES LOCATED AT 4100 FLORY STREET.
C. PUBLIC HEARINGS
CA ZC23-0052, ORDINANCE NO. 3811, PUBLIC HEARING AND
CONSIDERATION OF A REQUEST FROM BER PARTNERS LLC FOR A
SPECIAL USE PERMIT FOR A "HARDWARE & BUILD MATERIALS
RETAILIWHOLESALE" USE AT 8100 BEDFORD EULESS ROAD, BEING 1.42
ACRES DESCRIBED AS LOT 1, BLOCK 1, GAVRON ADDITION.
APPROVED
Mayor Trevino opened the public hearing and called on Director of Planning Clayton
Comstock to introduce the item.
Mr. Comstock informed City Council the applicant is requesting a special use permit for
1.42 acres located at 8100 Bedford Euless Road. The area is designated on the
Comprehensive Land Use Plan as retail commercial and the current zoning is C-2,
commercial. Mr. Comstock provided site photos of the property.
Applicant representative Kris Ramji, 5197 Brandywine Lane, Frisco, Texas, presented the
request. He reviewed the proposed site development plans. If approved, their request for
a special use permit, would allow them to place galactic black glass in the back 200' of
the building. The front of the building will be a storefront for the glass company. The
September 11, 2023
City Council Meeting Minutes
Page 4 of 10
building will have approximately 10,000 square feet of multi-tenant retail space. Mr. Ramji
stated that the docks (located at the front) would be removed and the entry way brought
up to grade. The company vehicles would also be located in the building at night.
Mr. Comstock presented staff's report. He provided an overview of the site plan and
landscape plan. The applicant will remove the existing pole sign located along
Bedford-Euless Road and the existing pole sign located along Northeast Loop 820 will
remain. The Planning and Zoning Commission, at their August 17, 2023 meeting,
recommended approval with a vote of 5-0.
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 MAYOR PRO TEM DEUPREE, SECONDED BY ASSOCIATE
MAYOR PRO TEM VAUGHN TO APPROVE ZC23-0052, ORDINANCE NO. 3811.
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
FA CONSIDER RESOLUTION NO. 2023-074, APPROVING THE CERTIFIED TAX
ROLL FOR TAX YEAR 2023.
APPROVED
Director of Budget and Research Trudy Lewis presented the item. In accordance with
state law, the City Council is required to approve the Certified Tax Roll. The Certified Tax
Roll was provided to the City Council on July 28 and discussed at their August 4, Budget
Work Session. The Certified Tax Roll reflects a total appraised value of $10,744,722,917;
a net taxable value of $8,306,057,571 ; and an estimated net taxable value of
$8,623,319,355; total taxable value of new property (new construction) of $133,732,228;
average single family market value of $383,824; and average single family taxable value
of$269,976.
September 11, 2023
City Council Meeting Minutes
Page 5 of 10
A MOTION WAS MADE BY COUNCIL MEMBER ORR, SECONDED BY COUNCIL
MEMBER COMPTON TO APPROVE RESOLUTION NO. 2023-074.
MOTION TO APPROVE CARRIED 6-0.
F.2 CONSIDER ORDINANCE NO. 3813, ADOPTING THE TAX RATE FOR TAX
YEAR 2023 (FISCAL YEAR 2023-2024).
APPROVED
Ms. Lewis informed City Council the item before them this evening is to consider the
adoption of the property tax rate for Tax Year 2023. The tax rate supports the Fiscal Year
2023/2024 Proposed Budget. A public hearing for the proposed tax rate was held on
September 7 to receive public comments. Based on certified values of properties, the Tax
Year 2023 Voter-Approval Rate is 49.8348 cents, the No-New Revenue Rate is 48.9389
cents, and the proposed property tax rate is 49.8155 cents. Ms. Lewis stated this is a
reduction of 4.9817 cents or 9.09% from the current rate. Ms. Lewis provided an overview and
breakdown of the total combined tax rate. The tax rate encompasses the school district
(includes BISD) at 54.6%, Tarrant County and Associated Districts at 22.8%, and North
Richland Hills at 22.6%. The city offers a 20% homestead exemption and $36,000 exemption
for eligible seniors or disabled persons.
City Council and staff discussed the No-New Revenue Rate; implications if proposed rate
is not adopted; public input regarding the proposed tax rate; change in exemptions
(house sold); providing services in response to growth; value of residential properties;
percentage of properties that would not see an increase; vacancies in public safety;
vacancy savings; and amount of decrease if the No-New Revenue Rate is approved.
Ms. Lewis explained to the City Council the Tax Code requires four motions to approve
the tax rate.
1. Approval of the Maintenance and Operations (M&O) Rate
2. Approval of the Interest and Sinking (AS) Rate
3. Approval of the total rate
4. Approval of an effective increase in rate (if applicable)
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY
COUNCIL MEMBER WRIGHT OUIESKY THAT THE PROPERTY TAX RATE FOR
MAINTENANCE AND OPERATIONS BE SET AT 31.3583 CENTS PER $100 OF
VALUATION.
MOTION TO APPROVE CARRIED 6-0.
September 11, 2023
City Council Meeting Minutes
Page 6 of 10
APPROVED
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY MAYOR
PRO TEM DEUPREE THAT THE PROPERTY TAX RATE FOR INTEREST AND SINKING BE
SET AT 17.5806 CENTS PER$100 OF VALUATION.
MOTION TO APPROVE CARRIED 6-0.
APPROVED
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY
COUNCIL MEMBER WRIGHT OUIESKY TO APPROVE ORDINANCE NO. 3813
ADOPTING A TOTAL TAX RATE OF 48.9389 CENTS PER $100 OF VALUATION FOR
TAX YEAR 2023.
MOTION TO APPROVE CARRIED 6-0.
APPROVED
A MOTION WAS MADE BY COUNCIL MEMBER RODRIGUEZ, SECONDED BY
COUNCIL MEMBER COMPTON THAT THE PROPERTY TAX RATE BE INCREASED BY
THE ADOPTION OF A TAX RATE OF 48.9389 CENTS, WHICH IS EFFECTIVELY A 2.33
PERCENT INCREASE IN THE TAX RATE.
MOTION TO APPROVE CARRIED 6-0.
F.3 CONSIDER ORDINANCE NO. 3814, ADOPTING THE FISCAL YEAR 2023-2024
PROPOSED OPERATING AND CAPITAL BUDGET
APPROVED
Ms. Lewis provided an overview of the Fiscal Year 2023-2024 Proposed Operating and
Capital Budget. The Proposed Operating Budget totals $152,090,101 . The Proposed
Capital Budget totals $32,147,991 . The largest portion of the operating budget is the
General Fund (approximately 40%), which includes most city departments and services.
The Utility Fund (28%) is the second highest fund. The Utility Fund includes a
pass-through sewer rate increase for utility customers. Ms. Lewis reviewed highlights of
the following funds: Debt Service; Parks; Crime Control & Prevention District; Court
Special Revenue; Public Educational & Government Access (PEG); Promotional;
Donations; Special Investigations; Drainage Utility; Economic Development; Traffic
Safety; Utility; Aquatic Park; Golf Course; and Internal Service.
September 11, 2023
City Council Meeting Minutes
Page 7 of 10
City Manager Mark Hindman discussed items that he recommends be removed from the
budget to address the gap of$630,788.
1. Reduce training costs across the city - $40,000
2. Remove the city's match for the ADA Pedestrian Plan - $100,000
3. Remove extra set of bunker gear for all firefighters - $28,554
4. Implement a hiring freeze (excluding public safety) for 90 days - $220,000
5. Reduce city's match grant of four (4) new police officers - $95,000
6. Decrease merit from 3.5% to 3% for general government employees
While the general government employees merit is decreased, the salaries are
comparable to benchmark cities. If the sales revenues come in higher than projected; Mr.
Hindman asked City Council to consider adding the items back to the budget. One year
at the No-New Revenue Rate can be accomplished this year, but will not be sustainable if
the sales tax revenue goes down without affecting city services.
City Council and staff discussed the salary of police officers; training for police officers;
time to fill police officer positions; overtime costs in the police department; inflationary
costs, concern expressed by fire and police associations for non-sworn employees
decrease in merit; and city's ability to provide services.
A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL
MEMBER RODRIGUEZ TO APPROVE ORDINANCE NO. 3814, ADOPTING THE FISCAL
YEAR 2023-2024 PROPOSED OPERATING AND CAPITAL BUDGET AMENDED WITH
AN AMENDMENT TO REDUCE PROPERTY TAX REVENUE BY $630,788 AND
CORRESPONDING AMOUNT OF EXPENDITURES AS DISCUSSED.
MOTION TO APPROVE CARRIED 6-0.
F.4 CONSIDER RATIFYING AN INCREASE IN PROPERTY TAX REVENUES
REFLECTED IN THE FISCAL YEAR 2023-2024 ADOPTED BUDGET.
APPROVED
Ms. Lewis presented the item. In accordance with state law, the city's annual budget shall
include a cover page that discloses changes in property tax collection in the proposed
budget compared to the previous year. Generally, property tax revenues are related to
the General Fund and Debt Service Fund. She shared that the city also collects property
taxes in the Tax Increment Reinvestment Zone (TIF) Fund. In accordance with City
Council's action, staff will update budget summary items per fund to reflect the changes
in the property tax rate. The total increase in property taxes than last year's budget by
$924,030 or 2.33%, and of that amount $702,447 is tax revenue to be raised from new
property added to the tax roll this year.
September 11, 2023
City Council Meeting Minutes
Page 8 of 10
A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL
MEMBER ORR TO RATIFY THE INCREASE IN PROPERTY TAX REVENUES IN THE
ADOPTED FISCAL YEAR 2023-2024 BUDGET AT THE NO NEW REVENUE TAX RATE.
MOTION TO APPROVE CARRIED 6-0.
F.5 CONSIDER ORDINANCE NO. 3815 AMENDING AND RESTATING CHAPTER
18, ARTICLE IV, DIVISION 6, OF THE CITY OF NORTH RICHLAND HILLS
CODE OF ORDINANCES, MODIFYING THE RULES AND REGULATIONS FOR
MOBILE FOOD VENDORS, AND AMENDING APPENDIX A, FEE SCHEDULE
REMOVING THE ANNUAL MOBILE FOOD UNIT PERMIT FEE.
APPROVED
Director of Neighborhood Services Stefanie Martinez provided an update on the
proposed changes to the mobile food unit ordinance to comply with House Bill 2878.
Pursuant to the house bill, the city no longer has authority over mobile food trucks. The
responsibility for inspecting and permitting mobile food units is Tarrant County Public
Health. The city will continue to have authority to enforce locations where mobile food
units operate and the hours of operation.
A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL
MEMBER COMPTON TO APPROVE ORDINANCE NO. 3815.
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
Mayor Trevino announced that City Council did not convene into Executive Session.
H. INFORMATION AND REPORTS
ANNOUNCEMENTS
Council member Rodriguez made the following announcements.
Enjoy a free jazz concert by the group La Pompe next Monday, September 18, 2023 at
the NRH Library. The performance, which is part of our Celebrating Culture Series, starts
at 6.00 p.m. in the lobby.
September 11, 2023
City Council Meeting Minutes
Page 9 of 10
The annual Doggie Beach Bash will take place Saturday, September 23, from 11.00 a.m.
to 4.00 p.m. at NRH2O Family Water Park. Admission is $20.00 per person, including up
to two dogs, with proceeds benefiting the NRH Animal Adoption & Rescue Center. Tickets
are available to purchase online or at the gate.
Kudos Korner - Pooch Amy in Public Works - A resident emailed her thanks and
appreciation for the high level of customer service that Pooch has consistently provided
over the years. She stated: He has always been very prompt, extremely gracious, polite,
and in my opinion, has gone far and above what I expected from a civil servant. I cannot
compliment Pooch enough. The City of North Richland Hills has a real asset in this public
servant!
I. ADJOURNMENT
Mayor Trevino adjourned the meeting at 8.44 p.m.
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
September 11, 2023
City Council Meeting Minutes
Page 10 of 10
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Authorize the City Manager to execute a contract instructor service
agreement with Julia Geske for providing tennis instruction services
at the Richland Tennis Center in an amount not to exceed $85,000
for FY2024.
PRESENTER: Adrien Pekurney, Director of Parks and Recreation
SUMMARY:
Staff requests City Council consider approving a contract instructor service agreement
with Julia Geske for tennis instruction services at the Richland Tennis Center in an
amount not to exceed $85,000 for FY2024.
GENERAL DESCRIPTION:
The Parks and Recreation Department, Richland Tennis Center utilizes the services of
Julia Geske for tennis instruction. Julia is a Professional Tennis Registry Certified Tennis
Professional with nearly 8 years of teaching experience. Julia has quickly developed a
strong adult and youth instruction following for both private and group lessons. Julia
continues to be a great representative of Richland Tennis Center and provides excellent
instruction, customer service, guest follow-up and communication. Contract instructor
services include private instruction, small and large group instruction, as well as
tournament site operation coordination.
In recent years the Richland Tennis Center staffing structure has evolved from full-time
staff tennis instructors to contract instructors to support an increase in instruction-based
program cost recovery. The use of contract instruction has allowed for increased
instructional capacity allowing for more instruction-based program offerings and
availability. All tennis instruction at Richland Tennis Center and NRH Park courts must be
coordinated through Richland Tennis Center which allows for consistent program
enrollment, program advertising and minimizes scheduling conflicts for court time. This
contract instructor services agreement pays to the contractor 50% (minus expenses) for
all drills and classes, 70% for all private lessons or small group lessons, and $100 per
day flat fee for operating a tournament site. In FY2023 Julia Geske's tennis instruction
generated over$135,000 in gross revenue providing a net revenue to the Richland Tennis
Center of just over$60,000. All instructional services are not paid to instructors until funds
have been collected through Richland Tennis Center.
IrLp
NOKTH KICHLAN HILLS
Annual instructor agreement terms are per fiscal year. This item is to award a one (1)
year contract with term of October 1 , 2023 through September 30, 2024.
RECOMMENDATION:
Authorize the City Manager to execute a contract instructor service agreement with Julia
Geske for providing tennis instruction services at the Richland Tennis Center in an
amount not to exceed $85,000 for FY2024.
CITY OF NORTH IC LAN HILLSs
PARKS AND RECREATION DEPARTMENT
CONTRACT INSTRUCTOR SERVICE AGREEMENT
THE STATE OF TEXAS §
THE COUNTY OF TARRANT §
THIS INDEPENDENT CONTRACTOR INSTRUCTOR SERVICE AGREEMENT (the "Agreement"), is
entered into by and between the City of North Richland Hills(the "City") and:
Name Julia Geske("Contractor")
The City and Contractor agree as follows:
1. Independent Contractor: It is agreed and understood that the Instructor is acting as an independent
contractor and not as an employee of the City. It is also agreed and understood that Instructors are not
eligible for vacation pay, sick leave, retirement, social security, unemployment, insurance coverage or
worker's compensation coverage as a result of Instructor status with the City, its agents, servants,
officials, and supervisors in the event of any accident, injury or death that may occur as a result of
instruction of recreation classes. The City will make no withholding for taxes of any type from the fee
agreed upon. All taxes, including applicable penalties and interest, are to be paid by the Instructor and are
solely the liability of the Instructor. In the event a claim is made against the City for payment of taxes,
penalties, or interest for or on behalf of Instructor, Instructor agrees to indemnify and hold harmless City
for,all such claims or damages, costs and expenses, including attorney's fees.
2. Compensation and Fee Collection: The fees for each session of classes, private lessons or group
lessons shall be set by Richland Tennis Center. Instructor shall not accept any compensation or payment
from any other sources other than the City for services conducted pursuant to this agreement except for
any previously agreed upon supply fees. The City will be responsible for accepting all monies and
registration for classes and training unless agreed to in writing prior to the start of the first session. Each
participant must be properly registered for classes. Instructor shall not allow any participant to take part
in any activity unless the participant is properly registered for said activity
Payment: Department agrees to pay Contractor 50% (minus expenses) for all drills and classes, 70%
for all private lessons orsmall group lessons, $100 per day flat fee for operating a tournament site.
No payment shall be made until the respective class is complete and the City has received all anticipated
revenue for such class. The Base fee for this Agreement is determined by the fee structure approved by
the City for each type of program. Notwithstanding the foregoing, the total amount to be paid under this
Agreement shall not exceed$85,000. In the event the City Council does not appropriate sufficient funding
to make payments under this Agreement during the Term,to include the initial term,any extended term or
renewal term, the City shall have the right to terminate this Agreement at the end of the fiscal year for
which funds have been appropriated. Contractor is responsible for maintaining accurate records regarding
sessions attended. City will process payment to Contractor when Contractor turns in pay sheet request.
3. Class/Activity Operation: Instructor is responsible for all operations of the sessions of classes, private
lessons and group lessons including planning, purchasing materials and supplies, production of program
materials, etc. Instructor is free to advertise with prior consent of City and to provide services to entities
or persons other than the City. City may offer classes similar to those provided by Instructor and may use
Contract Instructor Service Agreement,Page I of 5 CA-CONTRACT NO.PAROOO 1 20210331
Rev.4/17/2023
r
other instructors or its own employees to conduct the same services as Instructor. Instructor is
responsible for all set up and preparation of assigned class areas.
Instructor is also responsible for take down and clean-up of assigned areas
4. Compliance with Laws: The Contractor will not discriminate against anyone on the basis of race, color,
national origin, age, disability, creed, religion, sex, ancestry or place of birth in the provision of services
to the public and will comply with all applicable provisions of Title VI of the Civil Rights Act of 1964,
the Rehabilitation Act of 1974, and the Americans with Disabilities Act of 1990. Contractor shall comply
with all applicable federal, state and local laws and regulations in the performance of services under this
Agreement.
5. Policies and Procedures: Instructor shall comply with the policies and procedures of the City, Parks and
Recreation Department, and all other Federal, State, and local laws.
Contractor acknowledges that he/she received a Contract Instructor Manual and does agree to abide by
the policies and procedures. It is the financial responsibility of the Contractor to remain current on all
training, certifications and liability insurance. Contractor will provide copies of said documents to the
City.
6. Criminal Background: The Contractor and all of his/her employees and volunteers will be subject to a
criminal background check at least every 6-12 months. If it is found that any criminal background
checks are found to be unsatisfactory, the person(s) with the unsatisfactory criminal history will be
removed from the program immediately. The Contractor will not have any employee or volunteer assist
with any program in the Department without a criminal background clearance given by the Human
Resources Department. Violation of this Provision will result in immediate termination of this
Agreement.
7. Confidential Information. During the term of this Agreement, Contractor may have access to and
become familiar with certain confidential information. Contractor agrees that any confidential
information so obtained, including without limitation, any and all documents, participant/class rosters,
memoranda, correspondence, notes, specifications, and plans, policies and procedures, computer
programs, software, and other proprietary data of whatever type of nature, is confidential information in
the nature of a trade secret, and is the exclusive property of the City. Contractor covenants and agrees
that he/she will not directly or indirectly, during or after termination of this Agreement, use for his/her
own benefit, use to the detriment of the City, or divulge to persons other than authorized officers of the
City, any confidential information of the City. Upon termination of this Agreement, all confidential
information shall be left with or returned to the City. Contractor agrees that his/her obligations under this
paragraph survive the expiration and/or termination of this Agreement.
8. Absent/Late. Contractor is expected to be present at the Richland Tennis Center (or other class location
as agreed) at least 10 minutes prior to the scheduled start time of each class. Contractor must check in at
the front desk upon his/her arrival, and check out upon his/her departure. Contractor agrees that he/she
will not be absent or tardy except in a case of extreme and unanticipated emergency. In the event of such
an emergency, Contractor must secure a substitute and notify the Facility Center Manager as far in
advance of the scheduled class time as possible. Concerning class sessions, private or group lessons,
Contractor must coordinate with client as far in advance of the scheduled session time as possible. It will
be the responsibility of the Instructor to notify participants of any change in the normal class
schedule. If an instructor has two or more incidents during a single month where a session/class is
missed due to no sub being obtained,the contact is immediately terminated following the second incident.
Contract Instructor Service Agreement,Page 2 of 5 •CA-CONTRACT NO.PAROOO 1 20210331
Rev.4/17/2023
?i
9. Assistant Instructors: Instructor is responsible for hiring and paying all assistants necessary for
conducting class/activity based on safe staff/parti c i pant ratio, operating practices and local, state, and
federal standards, and will assume responsibility for assistant's actions. Instructor will be responsible for
securing qualified substitutes and notifying City of any such change. In the event a qualified substitute
cannot be secured, Instructor will be responsible for notifying the City staff, Coordinator and participants
of any temporary change in the normal class schedule.
10. Class Audits and Evaluations. Contractor agrees to allow City staff members to sit in on Contractor's
classes as deemed necessary by the City in order to observe and audit the classes' operation, to check
attendance and to verify Contractor's adherence to curriculum, rules, policies and procedures. Staff
members who attend a class as part of their duties and responsibilities as a City employee or
representative are not considered class participants for purposes of determining Contractor's
compensation. With the exception of Contractor, an approved substitute instructor, City staff members
and paid class participants, Contractor may not allow anyone else to sit in on or observe the class without
the City's prior authorization. Contractor may, at City's request, be required to administer a class
evaluation and submit the results to the City.
11. Termination: Either party may terminate this Agreement at any time, for any reason, with thirty (30)
days written notice, provided however; the City shall at all times have the right to immediately terminate
this Agreement for cause as reasonably determined by the City. Cause will include, but is not limited to,
Contractor's arrest or conviction, being charged with a felony or Class A misdemeanor, poor punctuality,
poor customer service, failure or refusal to comply with the written policies or directive of the City,
misconduct, or breach of this Agreement. In the event of termination, the Instructor shall receive
payment based upon a pro-rated basis, for classes or lessons taught up to notice of termination, less any
damages incurred by the City for default.
12. Term: Subject to Paragraph 11 hereof, the term of this Agreement shall be effective beginning
10/01/2023 and expiring on September 30, 2024.
13. Effective Date: Notwithstanding Paragraph 12 above, this Agreement shall not become effective until it
is approved and signed by an authorized representative of the City of North Richland Hills.
14. Liability Waiver: I hereby release, absolve, indemnify and hold harmless the City of North Richland
Hills, the Parks and Recreation Department, its employees, activity officials, supervisors, any or all in the
event of an accident, injury or death sustained by Contractor while being transported to and from activity,
or while participating in any activity, from any liability of any kind whatsoever. All activities involve
some physical nature and I understand and assume the risk. In the event of a serious accident or injury, I
understand city officials may contact 911, provide and perform first aid, and when necessary, recommend
transport to a hospital and reach a parent/guardian/emergency contact as soon as the situation allows. I do
hereby give my approval for participation in any and all of the program activities. I give permission for
any photographs taken during these activities to be utilized for promotional uses by the City now and in
the future.
15. INDEMNITY. INSTRUCTOR AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND
DEFEND CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND
ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, TAXES, FINES, PENALITIES,
AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT
COSTS, AND ATTORNEYS' FEES, FORA PROPERTY, ARISING OUT OF, IN CONNECTIONS
WITH, OR RESULTING FROM THE PERFORMANCE OF THIS AGREEMENT, SAVE AND
EXCEPT FOR LOSS OR INJURY DUE SOLELY TO THE NEGLIGENCE OF THE CITY. IN THE
EVENT OF JOINT OR CONCURRENT NEGLIGENCE OF INSTRUCTOR AND CITY, THEN
Contract Instructor Service Agreement,Page 3 of 5 CA-CONTRACT NO.PAROOO 1 20210331
Rev.4/17/2023
r
RESPONSIBILITY, IF ANY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY
DEFENSE OF CITY OR INSTRUCTOR UNDER TEXAS LAW.
16. Assignment: Consultant shall not assign, subcontract or transfer any of its interests, duties or
obligations in this Agreement without the written consent of the City. Any attempted assignment,
subcontract or transfer of all or any part hereof shall be void.
17. Choice of Law; Venue: This Agreement shall be construed in accordance with the laws of the State of
Texas. Should any action, at law or in equity, arise out of the terms herein, exclusive venue for said action
shall be in Tarrant County,Texas.
18. Force Majeure: Neither party shall be liable for failure to perform its obligations under this Agreement
and shall have the right terminate this Agreement if performance is delayed by reason of war; civil
commotion; acts of God; inclement weather; governmental restrictions or regulations; epidemics;
pandemics; fires; strikes; lockouts; natural disasters; riots; material or labor restrictions; transportation
restrictions; or other circumstances which are reasonably beyond the control of the party.
[Signature Page follows]
Contract Instructor Service Agreement,Page 4 of 5 CA-CONTRACT NO.PAROOO 1 20210331
Rev.4/17/2023
ACCEPTED AND AGREED:
CITY OF NORTH RICHLAND HILLS: CONTRACTOR NAME: Julia Geske
APPROVED: By: r6' e "� "0--
Name J e, tract instructor
_ +M_el
(Check the box if$3,000 or less) Date: �_'Vvq*A
By:
Adrien Pekurney, Department Director
APPROVED:
By: Date:
Mark Hindman, City Manager
Or Designee:
By: Date:
Name:
Title:
ATTEST:
By:
Alicia Richardson, City Secretary/Chief
Governance Officer
By:
Traci Henderson,Assistant City Secretary
NRH City Council Action: Y El N El
Date Approved:
Agenda Item No:
Ord/Res No.
APPROVED TO FORM AND LEGALITY: CA-CONTRA CT NO.PAR000I-20210331
Rev. 411712023 is pre-approved to Form and
By: Legality for use of this version only.. Contracts
with no changes to the terms and that are in an
Maleshia B. McGinnis, City Attorney amount less than $50,000, do not require
signature of the City Attorney. Any modifications
By: to the legal provisions of this Agreement, or
Thomas McMillian, Assistant City Attorney contracts $50,000 or greater, shall require
additional review, approval and/or signature of
the City Attorney's Office.
Contract Instructor Service Agreement,Page 5 of 5 CA-CONTRACT NO.PAROOO 1 20210331
Rev.4/17/2023
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CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: ZC23-0073, Ordinance No. 3812, Public hearing and consideration
of a request from the Society of Saint Pius X of Fort Worth Inc. for a
zoning change from R-7-MF (Multifamily) and C-1 (Commercial) to
U (School, Church, and Institutional) at 3900 Scruggs Drive, being
0.69 acres described as Lots 5K, 6K, and 19K, Calloway Acres
Addition.
PRESENTER: Clayton Comstock, Planning Director
SUMMARY:
The Society of Saint Pius X of Fort Worth Inc. is requesting a zoning change from R-7-
MF(Multifamily) and C-1 (Commercial) to U (School, Church, and Institutional) on 0.69
acres located at 3900 Scruggs Drive.
GENERAL DESCRIPTION:
Society of Saint Pius X of Texas is the owner of Our Lady of Mount Carmel Roman
Catholic Church, located at 3900 Scruggs Drive. The property is generally located on the
east side of Scruggs Drive between Boulevard 26 and Glenview Drive and near the
intersection of Harmonson Road. Based on historical aerial photos, it appears the building
was constructed in its current configuration in the late 1960's. The current owner acquired
the property in 1992.
The property is currently split between two zoning districts. Lots 5K and 6K, which front
Scruggs Drive, are zoned R-7-MF(Multifamily). Lot 19K, which fronts Parchman Street, is
zoned C-1 (Commercial). The owner is requesting a zoning change to U (School, Church,
and Institutional) to consolidate the property into a single zoning district. The owner also
intends to replat the property into a single lot in the future, which would allow for building
permits to be issued on the property.
LAND USE PLAN: This area is designated on the Land Use Plan as Community
Services. The Community Services designation provides for non-profit activities of an
educational, religious, governmental, or institutional nature. Schools, churches, hospitals,
governmental buildings, fire stations, and public utilities are examples.
CURRENT ZONING: The property is currently zoned R-7-MF (Multifamily) and C-1
(Commercial). The R-7-MF (Multifamily) district is intended to provide areas for high
density development of apartments constructed at a density of 16 dwelling units per acre.
The C-1 (Commercial) district is intended to permit a variety of retail trade, personal and
business services establishments, and offices principally serving community and regional
"K
NOKTH KICHLAND HILLS
needs. The district should be located on the periphery of residential neighborhoods and
at intersections of major arterial streets. It is also appropriate for major retail corridors.
PROPOSED ZONING: The proposed zoning is U (School, Church, and Institutional). This
district is intended to permit only nonprofit activities of an educational, religious,
governmental, or institutional nature.
SURROUNDING ZONING ( LAND USE:
NORTH
R-7-MF(Multifamily) Low Density Residential Multifamily residences
C-1(Commercial) Single-family residence
WEST R-7-MF(Multifamily) Low Density Residential Single-family residence
Vacant
SOUTH C-1(Commercial) Retail Commercial
Commercial uses
EAST U(School,Church,and Community Services Parking lot(North Richland Hills
Institutional) Baptist Church)
PLAT STATUS: The property is currently platted as Lots 5K, 6K, and 19K, Calloway
Acres Addition
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will
consider this item at the September 21 , 2023, meeting. If the Commission issues a
recommendation to City Council, staff will brief City Council of their recommendation at
the September 25, 2023, meeting.
RECOMMENDATION:
Approve Ordinance No. 3812.
CROSS
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" RH PUBLIC HEARING NOTICE
NO&TH KICHLAND HILLS CASE: ZC23-0073
-OWNER- I,i anning and Zonkng Coininiss on pubhc
-MAILING ADDRESS- hearkng date for th�s apahcatton has IDeen
-CITY—STATE- -ZIP- revised due to an eirror in the xevious nofte
'!he new pubhc hearing date is shown Debw
Contact the anning & Zonrng Iltc partinent
Wth any questons
You are receiving this notice because you are a property owner of record within 200 feet of the property
requesting a zoning change as shown on the attached map.
APPLICANT The Society of Saint Pius X of Fort Worth Inc.
LOCATION 3900 and 3904 Scruggs Drive
REQUEST Public hearing and consideration of a request from the Society of Saint Pius X of
Fort Worth Inc. for a zoning change from R-7-MF (Multi-Family) and C-1
(Commercial)to U (Institutional) at 3900 and 3904 Scruggs Drive, being 0.73 acres
described as Lots 5K, 6K, 7K, 18K, and 19K; Calloway Acres Addition.
DESCRIPTION Request for a zoning change from R-7-MF and C-1 to U for Our Lady of Mount Carmel
Catholic Church.
PUBLIC HEARING DATES Planning and Zoning Commission
7:00 PM Thursday, September 21, 2023
City Council
7:00 PM Monday, September 25, 2023
MEETING LOCATION City Council Chamber-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 Inspections 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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817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
NOTIFIED PROPERTY OWNERS
ZC23-0073
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NOORALI KARIM 1109 NUECES CT COLLEYVILLE,TX 76034
RUSSELL JACK DAW ETAL 3921 SCRUGGS DR NORTH RICHLAND HILLS,TX 76180
NOORALI KARIM 3920 SCRUGGS DR NORTH RICHLAND HILLS,TX 76180
THE MASON REVOCABLE TRUST 2802 DOGWOOD PK RICHLAND HILLS,TX 76118
JMD HOLDINGS LLC 3825 SCRUGGS DR NORTH RICHLAND HILLS,TX 76180
BUCKINGHAM F 0 EST 3805 SCRUGGS DR NORTH RICHLAND HILLS,TX 76180
SULLIVAN ANNIKA 3804 SCRUGGS DR NORTH RICHLAND HILLS,TX 76180
MK SOLIS LLC 16 POLO CT DUNCANVILLE,CT 75116
THE SUNDAY GROUP INC 604 HUDNALL CT KELLER,TX 76248
RISCKY,JIMMY E II 4612 HOLIDAY LN W NORTH RICHLAND HILLS,TX 76180
ANGULO GARY 3917 PARCHMAN ST NORTH RICHLAND HILLS,TX 76180
SANABRIA ISMAEL PO BOX 422 SPRINGTOWN,TX 76082
NORTH RICHLAND HILLS BAPTIST CHURCH 6955 BOULEVARD 26 NORTH RICHLAND HILLS,TX 76180
4005 4005
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Prepared by Planning 8/31/2023 DISCLAIMER:This product product is for informational purposes and may not r I I
have been prepared for or be suitable for legal,engineering,or surveying 0 40 80 160 240 320
purposes.It does not represent an on-the-ground survey and represents
only the approximate relative location of property boundaries.
i I
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PORTION OF I PORTION OF I
LOT 6 I LOT 6
KARIM NOORALI GARY ANGULO
DOCUMENT NO. D221249329 DOCUMENT NO. D220107669
0.P.R.T.C.T. O.P.R.T.C.T.
I I I
PORTION .OF I PORTION OF
-- -- LOT 5 — —�— -- LOT 5 — --
N 89°40'00" E 250.00'
CALLOWAY ACRES 1
VOLUME 1481, PAGE 285 I
I D.R.T.C.T.
PORTION OF 1
LOT 5 1
SOCIETY OF SAINT PIUS X OF TEXAS O W
I VOLUME 10746, PAGE 56 1,0
D.R.T.C.T. 1 co (n e
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01 50,000 SQUARE FEET 10 Z a
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10 OD I
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w LOT 3R
CALLOWAY ACRES
1 1 o VOLUME 388-197, PAGE 10
1 SHm I p P.R.T.C.T.
I
JIMMY E RISCKY II
DOCUMENT NO. D211194056
_ __ N O.P.R.T.C.T.
S 89°40'00" W 125.00' -- I
P.O.B. I PORTION OF
I LOT 4 I
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I I
I I PORTION OF
PORTION OF I LOT 3R
LOT 3 CALLOWAY ACRES N
VOLUME 388-197, PAGE 10 I
ANNIKA SULLIVAN P.R.T.C.T. I
DOCUMENT NO. D210249561
I O.P.R.T.C.T. I THE SUNDAY GROUP, INC.
I DOCUMENT NO. D222187551
O.P.R.T.C.T.
I 0 25 50
I
NOTES: ZONING EXHIBIT
This document was prepared under 22 Texas Administrative Code PORTION OF LOTS 4 AND 5
§138.95, does not reflect the results of an on the ground CALLOWAY ACRES
survey, and is not to be used to convey or establish interests
in real property except those rights and interests implied or VOLUME 1481, APGE 285
established by the creation or reconfiguration of the boundary CITY OF FORT WORTH
of the political subdivision for which it was prepared. TARRANT COUNTY,TEXAS
25
23885
DEED RECORD VOLUME 1481
(8) It is expressly understood and provided that in the event of the viola-
tion of of the-foregoing covenants, conditions, and restrictions, which shall
constitute covenants running with the land, the undersigned or any owner of any lot
conveyed hereafter shall have the right to enjoin the violation of any of the said
covenants, conditions, and restrictions, or to sue for damages for such violation,
provided however that the rights and remedies herein reserved to the said D. G.
I
Murchison shall be subordinate and inferior and shall not apply to or against any
bona fide mortgage, deed or trust, or mechanic's lien upon any of said lots given
for the purpose of erecting improvements or repairs on said premises or given to
secure the purchase price thereof, except that any sale under foreclosure of any
lien or liens shall pass title to the purchaser at such sale subject to these re-
strictions.
Executed this 9th day of September, 1941.
D. G. Murchison
STATE OF TEXAS Q
Q i
COUNTY OF TARRANT Q BEFORE ME, the undersigned authority, a Notary Public in and
for Tarrant County, Texas, on this day personally appeared D. G. Murchison, known
to me to be th� person whose name is subscribed to the foregoing instrument, and ac-
knowledged to me that he executed the same for the purposes and consideration there-
in expressed.
GIVEN Under my hand and seal of office, this 9th day of September, A. D.
1941.
L. S. Burton B. Paddock, Notary Public in and
for Tarrant County, Texas.
Filed for Record September 11, 1941, at 2:50 P. M.
Recorded September 17, 19oir at 2:05 P. M.
Mrs. Happy Shelton Wood, County Clerk,
By ram-fi""(p4.e4,c.4, 1 Deputy. Tarrant County, Texas.
##19407
i
i
2�ALLOWAY
-0-0-0-0-0 Q
Q STATE OF TEXAS Q
TO "Q PLAT & DEDICATION Q Q KNOW ALL MEN BY THESE PRESENTS:
Q COUNTY OF TARRANT Q
THE PUBLIC Q �.
That I, Marsh Calloway, the owner of the following described tract, a por-
tion of the A. G. walker survey, situated about seven miles northeast from the
Courthouse in Tarrant County, Texas; beginning 541 varas east and 9 varas south
I"
from the northwest corner of the said A. G. walker survey; thence west 299-5/10
feet to an iron; thence south 1734-3/10 feet to an iron pipe in the northerly
line of right of way of the road from Fort Worth toward Grapevine; thence north
48 east along said Iine 403-1/10 feet1to a cedar post set in concrete; thence
north 1465 feet to the place of beginning, do hereby adopt the hereon map as cor-
rectly representing my plan for subdividing same and do hereby dedicate as an
highway for public use the street shown hereon.
Witness my signature this 13 day of September, 1941.
Marsh Calloway
` 86
DEED RECORD VOLUME 1481
STATE OF TEXAS
4
COUIITY OF TARRANT 4 Before me, the undersigned authority, this day personally ap-
peared Marsh Calloway, known to me to be the person whose name is subscribed to:the
foregoing instrument and he acknowledged to me that he executed the same for the
purposes and considerations therein expressed.
f
Given under my hand and seal of office this,13 day of September, 1941.
L. S. (J. Everett Cline) - J. Everett Cline,
Notary Public, Tarrant County, Texas.
MAP OF
"CALLOWAY ACRES"
Situated Near i
FORT WORTH, TARRANT CO., TEXAS. Af
Surveyed 9-12-39 Brookes Baker.
Scale: l inch = 200 ft.
- - - - - - -N- -- - --- - - - -- - - CALLOWAY ST.- - -- - - ----V-�
P62$ /44 /44 144 144 144 t44 144 14k 144 144
1
s a / 0 2 3 4 S 6 7 8 9 AD
14�4grCy �
yo TO W.1 w""r I
Authorised by order of the Commissioners' Court of Tarrant County, Texas, ,
this 18 day of Sept., 1939.
F
Mrs. Happy Shelton, Clerk of Comm. Court
By Mary Lou Whitley, Deputy. of Tarrant Co., Texas.
I Filed for Record September 13, 1941, at 10:30 A. k.
Recorded September 19, 1941, at 9:30 A. M.
Mrs. Happy Shelton Wood, County Clerk,
By `"se.—✓ Deputy. Tarrant County, Texas.
#19542
-0-0-0-0-0-
s. FBEALL, et ux ¢
G
TO C DEED 4 KNOW ALL M0 BY THESE PRESENTS:
SUSAN A. MULLINS 4
That We, W. D. Beall and his wife, Sarah C. Beall, his wife, of the County
of Tarrant & State of Texas, for and in consideration of five hundred dollars to its
paid by Susan A. Mullins of said! State and County, out of the separate property &
means of the said Susan A.. , the receipt of which is 'hereby acknowledged,
have this day bargained, sold and conveyed, and do by these presents sell and con-
vey unto the said Susan A. Mullins, to & for her own'separate use and benefit, One
hundred and sixty acres of land, situated and described as follows, to-wit.
In Tarrant County, the North East quarter of Six hundred and forty acres'
of land Patented to the Heirs of Wm. Mask, and deeded by said Heirs'to Jolson Watson
surf by Jason Batson to Sarah C. Beall, East of Rush creek, about 13 miles from Fort
Worth on the Fort Worth& Dallas Road; together with all and singular the rights,
herreditaments and appurtenances to the same belonging, or in any way incident or
appartar ng,to the said Susan A. Rollins, to have and hold the same to bAw own
separmto use and benefit, separate & apart from her husband, A• B. Mullins, forever. b
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ORDINANCE NO. 3812
ZONING CASE ZC23-0073
AN ORDINANCE OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS AMENDING THE ZONING ORDINANCE
OF THE CITY OF NORTH RICHLAND HILLS, AND THE
ZONING MAP OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS BY REZONING 0.69 ACRES OF LAND
LOCATED AT 3900 SCRUGGS DRIVE FROM C-1
(COMMERCIAL) TO U (SCHOOL, CHURCH, AND
INSTITUTIONAL); 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 the
Vision203O Land Use Plan as the primary document on which to base all
zoning, platting, and other land use decisions; and
WHEREAS, the Vision203O Land Use Plan map provides guidance for future
development in conformance with the adopted Vision203O Land Use Plan;
and
WHEREAS, the owner of the property containing approximately 0.69 acres of land
located at 3900 Scruggs Drive (the "Property") has filed an application to
rezone the Property from its present classification of C-1 (Commercial) to U
(School, Church, and Institutional); and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on August 17 and September 21 , 2023, and the
City Council of the City of North Richland Hills, Texas, held a public hearing
on September 25, 2023, with respect to the zoning change described
herein; and
Ordinance No. 3812
ZC23-0073
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 rezoning from C-1 (Commercial) to U (School, Church, and
Institutional) 0.69 acres of property described as Lots 5K, 6K, and 19K,
Calloway Acres Addition, commonly referred to as 3900 Scruggs Drive, as
described and shown on Exhibit "A," attached hereto and incorporated for
all purposes.
Section 2: That the official zoning 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 U (School, Church, and Institutional) zoning, as set
forth above.
Section 3: 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 4: The zoning district as herein established has been made in accordance with
a comprehensive plan for the purpose of promoting the health, safety,
morals and general welfare of the community.
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.
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 No. 3812
ZC23-0073
Page 2 of 4
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 AND APPROVED on the 25th day of September, 2023.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
Ordinance No. 3812
ZC23-0073
Page 3 of 4
ATTEST:
Alicia Richardson
City Secretary / Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Clayton Comstock, Planning Director
Ordinance No. 3812
ZC23-0073
Page 4 of 4
Exhibit A— Property Description—Ordinance No. 3812— Page 1 of 2
Zoning Case ZC23-0073
Lots 5K,6K,and 19K,Calloway Acres Addition
3900 Scruggs Drive, North Richland Hills,Texas
BEING a 1.148 acre tract of land out of Lots 4 and 5 of Calloway Acres,an addition to the City of Fort Worth,Tarrant
County,Texas recorded in Volume 1481, Page 285 of the Deed Records of Tarrant County,Texas,and being all of the
tract of land described in the deed to Society of St. Pius X of Texas recorded in Volume 10746, Page 56 of said Deed
Records of Tarrant County, Texas, said 1.148 acre tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a point for the southwest corner of said Society of St. Pius X of Texas tract of land, said point also
being in the common west line of said Calloway Acres and east right-of-way line of Scruggs Drive;
THENCE North 00 degrees 00 minutes 00 seconds West,with the common west line of said Society of St. Pius X of
Texas tract of land, west line of said Calloway Acres, and east right-of-way line of said Scruggs Drive, a distance of
240.00 feet to a point for the northwest corner of said Society of St. Pius X of Texas tract of land;
THENCE North 89 degrees 40 minutes 00 seconds East,with the north line of said Society of St. Pius X of Texas tract
of land, a distance of 250.00 feet to a point for the northeast corner of said Society of St. Pius X of Texas tract of
land,said point also being in the west right-of-way line of Parchman Street;
THENCE South 00 degrees 00 minutes 00 seconds East, with the common east line of said Society of St. Pius X of
Texas tract of land and west right-of-way line of said Parchman Street, a distance of 160.00 feet to a point for the
most easterly southeast corner of said Society of St. Pius X of Texas tract of land,said point also being the northeast
corner of Lot 3R of Calloway Acres,an addition to the City of Fort Worth,Tarrant County,Texas recorded in Volume
388-197, Page 10 of the Plat Records of Tarrant County,Texas;
THENCE South 89 degrees 40 minutes 00 seconds West, with a common south line of said Society of St. Pius X of
Texas tract of land and north line of said Lot 3R,a distance of 125.00 feet to a point for a common reentrant corner
of said Society of St. Pius X of Texas and the northwest corner of said Lot 3R;
THENCE South 00 degrees 00 minutes 05 seconds West,with a common east line of said Society of St. Pius X of Texas
tract of land and the west line of said Lot 3R, a distance of 80.00 feet to a point for the most southerly southeast
corner of said Society of St. Pius X of Texas tract of land;
THENCE South 89 degrees 40 minutes 00 seconds West,with the south line of said Society of St. Pius X of Texas tract
of land,a distance of 125.00 feet to the POINT OF BEGINNING and containing 1.148 acres of land.
Exhibit A— Property Description—Ordinance No. 3812— Page 2of2
Zoning Case ZC23-}O73
Lots 5K,6K,and 19K,Calloway Acres Addition
3900Scruggs Drive, North Richland Hills,Texas
Exhibit A— Property Description—Ordinance No. 3812— Page 3 of 2
Zoning Case ZC23-0073
Lots 5K,6K,and 19K,Calloway Acres Addition
3900 Scruggs Drive, North Richland Hills,Texas
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Authorize the City Manager to execute a professional services
agreement for engineering design services with Aguirre & Fields, LP,
in an amount not to exceed $55,650 for the Pedestrian Connectivity
Enhancements Project (ST2303).
PRESENTER: Caroline Waggoner, Assistant City Manager
SUMMARY:
Council is being asked to consider a professional services agreement for engineering
design services with Aguirre & Fields, LP, for the Pedestrian Connectivity Enhancements
Project (ST2303).
GENERAL DESCRIPTION:
The Pedestrian Connectivity Enhancements Project involves the design and construction
of sidewalk on the east side of Davis from Northeast Parkway to the Cotton belt Trail
(approximately 1,110 linear feet), and sidewalk on the east side of Smithfield Road from
Northeast Parkway to the trail (approximately 1,570 linear feet) within the Smithfield
transit-oriented development (TOD).
Requests for qualifications were sent to local engineering firms and advertised on the
city's website in accordance with state purchasing laws. Eleven firms responded by
submitting statements of qualifications to the city. The selection committee chose Aguirre
& Fields, LP, to provide design services for the project.
The engineering agreement outlines the scope of work in Exhibits B, C and D of the
contract. Listed below are the key items within the scope of work:
• Topographic survey (Special Services)
• Engineering design (Basic Services)
• TxDOT coordination and TDLR permitting (Special Services)
• ROW/ Easement Instruments (Additional Services)
• Construction / Bid phase services (Additional Services)
Basic Services $ 31,109.00
Special Services $ 17,512.00
Additional Services $ 7,029.00
Total Design Fee $ 55,650.00
IrLp
NOKTH KICHLAN HILLS
The Public Works Department negotiated a design fee of$55,650. The basic and special
services will be paid as lump sum items, but the tasks included in the additional services
category are paid for only if needed during the course of the project.This project was
included in the FY 2022-23 budget approved by the City Council on September 12, 2022.
The project schedule anticipates bidding the project's construction in late spring 2024.
RECOMMENDATION:
Authorize the City Manager to execute a professional services agreement for engineering
design services with Aguirre & Fields, LP, in an amount not to exceed $55,650 for the
Pedestrian Connectivity Enhancements Project (ST2303).
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE
CITY OF NORTH RICHLAND HILLS
AND
AGUIRRE & FIELDS, LP
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 AGUIRRE & FIELDS, LP, a Texas
corporation, acting by and through AGUIRRE, LLC — GENERAL PARTNER, its duly
authorized Principal (hereinafter called"ENGINEER").
WITNE SSE TIL that CITY desires professional engineering services in connection with the
PEDESTRIAN CONNECTIVITY ENHANCEMENTS PROJECT (ST2303)
NOW,THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and
agreements herein contained, do mutually agree as follows:
11. PROJECT
.In this Agreement, the "PROJECT" means the engineering design of the PEDESTRIAN
CONNECTIVITY ENHANCEMENTS PROJECT (ST2303) in accordance with the Public
Works Design Manual, applicable CITY codes,regulations and standards.
111. BASIC AGREEMENT
ENGINEER is an independent contractor and undertakes and agrees to perform professional
engineering services in connection with the PROJECT, as stated in the sections to follow. It is
understood.and agreed that ENGINEER is not and will not by virtue of this contract be deemed to
be an agent or employee of CITY and that CITY will not be entitled to direct the performance by
ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All
engineering services shall be performed. with diligence and in accordance with professional
standards customarily obtained for such services in the State of Texas. For rendering such services
CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F:
"Compensation."
Engineering Services Agireernent—Pedestrian Connectivity Enhancements,Page R of 9 CA-CONTRACT NO..PWO0072021040
IV. SCOPE OF ENGINEER'S SERVICES
ENGINEER shall render the professional services necessary for development of the
P.R.O.FECT, 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 perform services with the professional skill and care
ordinarily provided by competent engineers or architects practicing under the same or similar
circumstances and professional license,and as expeditiously as is prudent considering the ordinary
professional skill and care of a competent engineer in the Dallas/Fort Worth Metroplex area. Such
services shall be of 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
Additional Engineering Services are defined in Exhibit D: "Additional Engineering Services,"
attached hereto and made a part of this Agreement. No Additional Engineering Services are
authorized unless authorization for specified additional services are provided to ENGINEER by
CITY in writing and approved by CITY.
I . 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.
® COMPENSATION
A. In consideration of the services described herein, CITY shall pay and ENGINEER shall
receive compensation in accordance with Exhibit F: "Compensation".
& Total payments including without limitation reimbursable expenses, to ENGINEER by
CITY for the services stated in Sections IV, V and VI above shall not exceed PROJECT
COST ($55,650.00).
C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed
upon by the parties. Any authorization for additional services shall be given to ENGINEER
by CITY in writing and approved by CITY.
Engirmering services Agreement--Pedestrian Connectivity Enhancements,Page 2 of 9 CA-CONTRACT NO.,PWO007 202�040
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. CITYSHIP OF DOCUMENTS
All completed or partially completed evaluations, reports, surveys, designs, drawings and
specifications prepared or developed by ENGINEER under this Agreement, including any original
drawings, computer disks, mylars or blue lines, shall become the property of CITY when the
Agreement is concluded or terminated, and may be used by CITY in any manner it desires;
provided,however,that ENGINEER shall not be liable for the use of such drawings for any project
other than the PROJECT described in this Agreement.
X. INDEMNITY
ENGINEERHEREBY COVENANTS AND CONTRACTS TO WAIVE ANY AND ALL
CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS
CITY COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY
AND ALL LIABILITY,CAUSES OF ACTION, CITATIONS, CLAIMS, COSTS,DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES, OR SUITS,
ARISING OUT OF,RELATING TO,OR RESULTING FROM ENGINEER'S NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE
TO PAYA SUBCONTRACTOR OR SUPPLIER COMMITTED BY ENGINEER., ITS
AGENT, ITS CONSULTANT UNDER CONTRACT, OR ANY OTHER ENTITY OVER
WHICH ENGINEER EXERCISES ® ENGINEER SHALL NOT BE OBLIGATED
TO INDEMNIFY OR DEFEND CITY, ITS OFFICERS,EMPLOYEES OR AGENTS IN ANY
MANNER FOR THE NEGLIGENCE OF CITY, ITS OFFICERS, EMPLOYEES OR
AGENTS.
THE INDEMNIFIED ITEMS MAY INCLUDE, BUT IS NOTLIMITED TO, PERSONAL
INJURY AND DEATH CLAIMS, AND PROPERTY DAMAGE CLAIMS, INCLUDING
THOSEFOR LOSS OF USE OF PROPERTY. INDEMNIFIED ITEMS SHALL INCLUDE
REASONABLE ATTORNEYS' FEESA ) COSTS, COURT COSTS, AND SETTLEMENT
COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING
REASONABLE ATTORNEYS' FEES AND EXPENSES INCURRED BY AN INDEMNIFIED
PARTY OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY PROVISION.
ENGINEER'S OBLIGATIONS UNDER THIS PROVISION SHALL NOT BE LIMITED
TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE
MAINTAINTED BY ENGINEER UNDER THIS AGREEMENT. THIS PROVISION SHALL,
SURVIVE TERMINATION 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 perfon-ned under this Agreement, including but not limited
Engineering Services Agreement--Pedestrian Connectivity Enhancements,Page 3 of 9 CA-CONTRACTNO..PWO007, 20210401
to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering
documents. Approval by CI1Y shall not be deemed to be an assumption of such responsibility and
liability by CITY for any error, omission, defect, deficiency or negligence in the performance of
ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs,
working drawings and specifications or other engineering documents by ENGINEER, its officers,
agents,employees and subconsultants, it being the intent of the parties that approval by CITY signifies
CITY's approval of only the general design concept of the improvements to be constructed,
X1. INSURANCE
For the duration of this Agreement,ENGINES R shall maintain the following minimum insurance
which shall protect ENGINEER, its subcontractors, its sub-consultants 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.
A. Workers' Compensation and Employer's Liability Insurance:
Workers' Compensation Texas Statutory Requirements
Employer's Liability $500,000 injury - each accident
$500,000 disease - each employee
$500,000 disease -policy limit
B. Commercial General Liability:
On an "occurrence"basis, including, property damage, bodily injury, products and
completed operations and personal & advertising injury with limits no less than
$1,000,000 per occurrence and $2,000,000 aggregate.
C. Automobile Liability:
Covering any auto, or if ENGINEER.has no owned autos, covering hired and non-
owned autos with a Combined Singlellimit no less than $1,000,000 per accident for
bodily injury and property damage,
D. Professional Liability (Errors and Omissions)
ENGINEER shall maintain Professional Liability (or equivalent) errors and omissions
insurance appropriate to the ENGINEER'S profession, with a limit no less than
$1,000,000 per occurrence or claim.
Insurance limits can be met with.a combination.of primary and excess/umbrella coverage.
The CITY, its officers, officials and employees are to be named as "Additional Insured" on the
commercial general liability and automobile liability policies as respects liability arising out of
activities performed by or on behalf of the vendor.
A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be
contained in.the Workers' Compensation insurance policy.
Policies of insurance shall not be cancelled non-renewed,terminated,or materially changed unless
and until thirty (30) days notice has been given to CITY.
Engineering Services Agreement—Pedestrian Connectivity Enhancements,Page 4 oF9 CA-CONTRACT NO.,PW0007_20210401
All insurance shall be issued by responsible insurance companies eligible to do business in the
State of Texas and having an A.M. Best Financial rating of A- VI or better.
ENGINEER shall tumish the CITY certificates of insurance affecting coverage required. The
certificates for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the
Texas Department of Insurance,
XIL ARBITRATION
No arbitration arising out of or relating to this Agreement shall occur without both parties' written
approval.
® TERMINATION AND SUSPENSION
A. CITY may ten-ninate this Agreement at any time for convenience or for any cause by a notice
in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the
event the other party fails to perform in accordance with the provisions of this Agreement.
Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work
and the placing of all orders or the entering into contracts for supplies, assistance, facilities,
and materials, in connection with the performance of this Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
.B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay
ENGINEER a reasonable amount for services perfon-ned 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
arnount 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.
® 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;
[".:rigineermg Services Agreement—Pedestrian Connectivity Enhancements,Page 5 of 9 CA-CONTRACT NO..PWO007 20210401
however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond
ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project
Schedule during the course of the PROJECT and if such modifications affect ENGINEER's
compensation, it shall be modified accordingly, subject to City Council approval.
For Additional Engineering Services, the authorization by CITY shall be in writing and shall
include the definition of the services to be provided,the schedule for commencing and completing the
services and the basis for compensation as agreed upon by CITY and ENGINEER.
It is understood that this Agreement contemplates the full and complete Engineering services for
this PROJECT including any and all services necessary to complete the work as outlined in Exhibit
B: "Basic Engineering Services". Nothing contained herein shall be construed as authorizing
additional fees for services to provide complete services necessary for the successful completion of
this PROJECT.
XVI. SUBCONTRACTS
ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services
to be performed by ENGINEER under this Agreement.
XVIL RIGHTTO 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.
Engineering Services Agreement—Pedestrian Connectivity Enhancements,Page 6 Of CA-CONTRACTNO..PW0007 20,210401
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"T" Compensation
Exhibit"G" Form 1295
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.
& LLeggg al.LENpgnsLeL In the event legal action is brought by CITY or ENGINEER against the other
to enforce any of the obligations hereunder or arising out of any dispute concerning the terms
and conditions of this Agreement, the prevailing party in any litigation between the parties to
this agreement shall be entitled to reasonable attorney fees. Notwithstanding the foregoing,
any award of attorney's fees to be paid by CITY shall be subject to the limitations set forth in
Texas Local Government Code §271.153(3) as awarded by a court of competent jurisdiction.
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:
Aguirre& Fields, LP
Attn: Alex Garcia, P.E.
1701 River Run., Suite 410
Fort Worth, TX 76107
If to CITY:
City of North Richland I-lills
Attn: Caroline Waggoner, P.E.
Assistant City Manager
4301 City Point Drive
North Richland I-lills, Texas 76180
With Copies to the City Manager and City Attorney at the same address.
Engineering Services Agreement—Pedestrian Connectivny Enhancements,Page'7 of 9 CA-CONTRACT NO.,PWO0072021040
D. IndeVendent Contractor. ENGINEER shall perform services hereunder as an independent
contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER
shall have the exclusive right to control services performed hereunder by ENGINEER,and
all persons performing same, and shall be responsible for the negligent acts and omissions
of its officers,agents,employees,and subconsultants. Nothing herewith shall be construed
as creating a partnership or joint venture between CITY and ENGINEER, its officers,
agents, employees and subconsultants; and the doctrine of respondent superior has no
application as between CITY and ENGINEER..
E. 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 agreement between CITY and
ENGINEER and. supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement irray 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.
IT 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 but not limited to personal financial interests, direct or indirect, in
property abutting the PROJECT and business relationships with abutting property CI'"l'Ys.
ENGINEER further warrants that it will make disclosure in writing of any conflicts of
interest which develop subsequent to the signing of this Agreement and prior to final
payment under this Agreement.
[Signature Page Follows]
Engineering Services Agreement PedestR-irtrt(onnectivityEnihancenients,Pa.-le8of9 CA-CONTRACT'NO ,PWO00720210401
This Agreement is executed in two (2) counterparts.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the
day of , 2023.
CITY OF NORTH RICHLAND HILLS AGUIRRE & FIELDS, LP
(CITY) (ENGINEER)
By: By:
.............
Mark Hindman, City Manager Aguirre, LLC—General Partner
Oscar R. Aguirre, P.E., President
Date: Date: 08/11/2023
ATTEST: ATTEST:
Alicia Richardson, City Secretary/Chief No exas
KAREN ELAINE SMITH
Governance Officer
-.6%Notary Pubfic,State of Texas
W. Comm.Expires 06-28-2024
APPROVEDTO FORM AND LEGALITY: Notary ID '13071$874
Karen E. Smith
Maleshia B. McGinnis, City Attorney Type or Print Notary's Name
My Commission Expires:
—Q6L2BL2D24----
CITYSE14L CORPORA TE SEAL
Engineering services Agreement I-le(lestriannCortnectivityEnhancenients.Pglge9of9 CA-CONTRAC'.'T'NO PW000720210401
North Richland Hills Pedestrian Connectivity Enhancements
Exhibit A-Project Schedule
ID Task Name Duration Start Finish Half 2,2023 Half 1,2024 Half 2,2024 Half 1,20
J AS O N D J F M A M J J A S O N D J F
1 North Richland Hills Pedestrian Connectivity Enhancements 356 days Mon 8/28/23 Fri 1/24/25
2 Contract Execution 1 day Mon 8/28/23 Tue 8/29/23 i
3 Data Collection,Sub Contracts,&Project Set Up 10 days Tue 8/29/23 Wed 9/13/23
4 Kickoff Meeting 0 days; Wed 9/13/23 Wed 9/13/23 13
5 Topographic Survey 20 days Wed 9/13/23 Wed 10/11/23
6 Field Work 15 days Wed 9/13/23 Wed 10/4/23
7 Data Processing 5 days Wed 10/4/23 Wed 10/11/23 [§ -
8 Project Design 135 days Wed 10/11/23 Tue 4/23/24
9 Conceptual Design 35 days Wed 10/11/23 Fri 12/1/23
10 Conceputal Layout 15 days Wed 10/11/23 Wed 11/1/23
11 Conceptual Layout QAQC 5 days Wed 11/1/23 Wed 11/8/23 '0
12 ConceptualLayoutMilestone-SubmittalltoCity 0days Wed 11/8/23 Wed 11/8/23 � �11/8
13 Conceptual Layout City Review 15 days Wed 11/8/23 Fri 12/1/23 %
14 60%Design Development 50 days Fri 12/1/23 Tue 2/13/24
15 60%Design 20 days Fri 12/1/23 Tue 1/2/24
16 60%QAQC 5 days Tue 1/2/24 Tue 1/9/24 [€I
17 60%Milestone-Submittal to.City/TxDOT 0 days Tue 1/9/24 Tue 1/9/24
1/9
18 60%City/TxDOT Review 25 days Tue 1/9/24 Tue 2/13/24
19 100%Design Development 50 days Tue 2/13/24 Tue 4/23/24
20 100%Design 20 days Tue 2/13/24 Tue 3/12/24
21 100%QAQC 5 days Tue 3/12/24 Tue 3/19/24 w
22 100%Milestone-Submittal to City 0 days Tue 3/19/24 Tue 3/19/24 3/19
23 100%City/TxDOT Review 25 days Tue 3/19/24 Tue 4/23/24
24 TxDOT Permitting 75 days Tue 1/9/24 Tue 4/23/24
25 Agreement Development 15 days Tue 1/9/24 Tue 1/30/24
26 Agreement Review 20 days Tue 1/30/24 Tue 2/27/24 �o
27 Agreement Revisions 20 days Tue 2/27/24 Tue 3/26/24
28 Agreement Execution 20 days Tue 3/26/24 Tue 4/23/24 MY
29 ROW/Utilities 127 days Tue 1/2/24 Fri 6/28/24
30 Utility Coordination 127 days Tue 1/2/24 Fri 6/28/24
31 Bid Phase 20 days Tue 5/7/24 Wed 6/5/24
32 5/7
33 Advertisement Period 20 days Tue 5/7/24 Wed 6/5/ gouuuuu
j
615
34 35 Construction Phase Services 130 days Thu 7/18/24VVV Fri 1/24/25
Page 1
AGUIRRE& FIELDS, LP CITY OF NORTH RICHLAND HILLS
CONTRACT: PEDESTRIAN CONNECTIVITY ENHANCEMENTS
EXHIBIT B
BASIC ENGINEERING SERVICES
FOR
PEDESTRIAN CONNECTIVITY ENHANCEMENTS PROJECT (ST2303)
This contract consists of providing final plans, specifications,bid phase services, and construction administration
services for the Pedestrian Connectivity Enhancements project. The project limits are along the east side of Davis
Boulevard(FM-1938) from Main Street to Northeast Parkway(approximately 1,110 linear feet) and along the east
side of Smithfield Road from Brandi Place to Northeast Parkway(approximately 1,570 linear feet).
The project will consist of engineering and design of 5' to 6' sidewalks. These services include preparing sidewalk
design and survey necessary to support the design process. These services also include construction cost estimate
preparation, bid phase services, construction administration. Key deliverables include a conceptual layout, 60%,
and 100%Final Bid Documents.
GENERAL REQUIREMENTS
Design Criteria. The Engineer shall prepare all work in accordance with the City's Public Works Design Manual,
NCTCOG Public Works Construction Standards, TxDOT Roadway Design Manual(for work within TxDOT ROW),
the Texas Manual on Uniform Traffic Control Devices (TMUTCD), Standard Specifications for Construction and
Maintenance of Highways, Streets and Bridges, (latest Edition), and other approved manuals.
ITEM 1 —ROUTE AND DESIGN STUDIES
1. Data Collection and Field Reconnaissance.
A. The Engineer shall collect,review and evaluate data described below. The Engineer shall notify the
City in writing whenever the Engineer finds disagreement with the infonnation or documents:
1. Data from the City and TxDOT, include,but are not limited to, "as-built plans", existing
schematics,right-of-way maps, Subsurface Utility Engineering(SUE)mapping,plans conducted
by other agencies and groups, existing traffic counts, accident data, current unit bid price
information, special specifications, and standard drawings, if available.
2. Utility plans and documents from City and utility companies.
3. Obtain graphics files,plans, documents, and other pertinent data for existing and proposed
improvements along the proposed corridor.
4. Conduct field reconnaissance and collect data including a photographic record of notable existing
features.
ITEM 2—DESIGN
1. Preliminary Geometric Layout
A. The Engineer shall develop apreliminary geometric project layout(Layout)for the full ength of
the project to be reviewed and approved by the City prior to the Engineer proceeding with the
60%milestone submittal package.
The Layout will consist of a planimetric file of existing features and the proposed improvements
within the existing and any proposed ROW. The Layout will also include the following features:
existing and proposed ROW, existing and proposed horizontal and vertical aligmnent and profile
grade line, cross culverts, cross slopes, corner clips,retaining walls (if applicable). Existing
AGUIRRE& FIELDS, LP CITY OF NORTH RICHLAND HILLS
CONTRACT: PEDESTRIAN CONNECTIVITY ENHANCEMENTS
major subsurface and surface utilities will be shown on the Layout. The Engineer shall develop
the proposed alignment to avoid the relocation of existing utilities as much as possible. The
Engineer shall consider Americans with Disabilities Act(ADA)requirements when developing
the Layout. The Layout will be prepared in accordance with the City's current design manual.
The project layout will be coordinated with the State and adjacent Engineers, if any. The
Engineer shall also provide proposed and existing typical sections with the profile grade line
(PGL), widths, cross slopes, and ROW lines.
2. Sidewalk Design
A. The plan view will contain the following design elements:
1. Horizontal control points.
2. Existing utilities and structures.
3. Benchmark infonnation.
4. Radii call outs, curb location, and American with Disabilities Act Accessibility Guidelines
(ADAAG) compliance items.
B. The profile view will contain the following design elements:
1. Calculated profile grade,if applicable.
2. Vertical curve data, including"K"values will be shown.
3. General Plan Sheets. The Engineer shall include general plan sheets to include title sheet, index,project
layout, and construction standard details.
ITEM 3—MISCELLANEOUS DESIGN
1. Traffic Control Plan, Detours, Sequence of Construction. Within TxDOT ROW, the Engineer shall
prepare Traffic Control Plans (TCP) for the project. A detailed TCP will be developed in accordance with
the latest edition of the TMUTCD. The Engineer shall implement the current TxDOT Barricade and
Construction(BC)standards and TCP standards as applicable. The Engineer shall interface and coordinate
phases of work,including the TCP, with adjacent Engineers.
The Engineer shall:
A. Provide a written narrative of the construction sequencing and work activities per phase and
detennine the existing and proposed traffic control devices (regulatory signs, warning signs, guide
signs, construction pavement markings,barricades, flag personnel, temporary traffic signals, etc.)to
be used to handle traffic during each construction sequence.
B. Develop each TCP to provide continuous, safe access to each adjacent property during all phases of
construction and to preserve existing access. The Engineer shall notify the City in the event existing
access must be eliminated and must receive approval from the City prior to any elimination of existing
access.
C. Describe the type of work to be perfonned for each phase of sequence of construction and any special
instructions(e.g. stonn drain,culverts,bridges,railing,illumination,signals,retaining walls,signing,
paving surface sequencing or concrete placement,ROW restrictions,utilities,etc.)that the contractor
should be made aware to include limits of construction, obliteration, and shifting or detouring of
traffic prior to the proceeding phase.
D. Include the work limits, the location of channelizing devices,positive barrier, location and direction
of traffic, work area, stations,pavement markings, and other infonnation deemed necessary for each
phase of construction.
2. Storm Water Pollution Prevention Plans (SWP3). The Engineer shall include standard details in the
plans for stone water pollution prevention.
AGUIRRE& FIELDS, LP CITY OF NORTH RICHLAND HILLS
CONTRACT: PEDESTRIAN CONNECTIVITY ENHANCEMENTS
3. Compute and Tabulate Quantities. The Engineer shall provide the summaries and quantities within all
fonnal submittals.
4. Special Utility Details (Water, Sanitary Sewer, Storm Drain.) The Engineer shall utilize City and
NCTCOG standards to identify proposed grade appurtenance adjustments to water, sanitary sewer and
stone drain features. Stonn drain calculations will not be prepared as part of this design package.
5. Estimate. The Engineer shall independently develop and report quantities necessary to construct the
contract at the specified milestones and Final submittals.
6. Contract time determination. The Engineer shall prepare a detailed contract time estimate to detennine
the approximate time required for construction of the project in calendar or working at the Final milestone.
The schedule shall include tasks,subtasks,critical dates,milestones,deliverables,and review requirements
in a fonnat which depicts the interdependence of the various items and adjacent construction packages.
7. Project Manual. The Engineer shall Prepare a project manual to include required contractual language,
specifications,provisions, and other bidding requirements. This will be in confonnance with an example to
be provided by the City.
ITEM 4—PROJECT MANAGEMENT AND ADMINISTRATION
1. Project Management and Administration
The ENGINEER shall:
A. Prepare monthly invoices and written progress reports for each project.
B. Develop and maintain a detailed project schedule to track project confonnance.
C. Meet on a scheduled basis with the City to review project progress.
D. Prepare, distribute, and file both written and electronic correspondence.
E. Document phone calls and conference calls as required during the project to coordinate the work for
various team members.
F. Perfonn internal quality control and assurance reviews.
DELIVERABLES
The Engineer shall submit the following deliverables to the City:
A. Plans
The Engineer shall provide the following information at each submittal:
1. 60%Plans Submittal
a. Estimate of construction cost.
b. Preliminary Title Sheet
c. Preliminary Summary Sheets
d. Control Data Sheets
e. Preliminary Plan &Profile Sheets for all Alignments
f. Preliminary Traffic Control Plan Sheets
g. Preliminary Miscellaneous Roadway Details
h. Preliminary Utility Exhibits
2. 100% Submittal. Provide the City with a review set of plans that includes the items listed
below in the format specified in the Work Authorization:
AGUIRRE& FIELDS, LP CITY OF NORTH RICHLAND HILLS
CONTRACT: PEDESTRIAN CONNECTIVITY ENHANCEMENTS
a. Construction schedule.
b. Address 60% Comments
C. Updated Title Sheet with Index of Sheets
d. Final Summary Sheets
e. Final Traffic Control Plan Sheets
f. Final Control Data Sheets
g. Final Plan &Profile Sheets for all Alignments
h. Final Miscellaneous Roadway Details
i. Final construction cost Estimate, General Notes, Specification Data Sheet, Special
Provisions, Special Specifications.
j. Project specifications manual
k. Final Contract Time Determination.
EXHIBIT C
SPECIAL ENGINEERING SERVICES
FOR
PEDESTRIAN CONNECTIVITY ENHANCEMENTS PROJECT (ST2303)
Engineer will provide topographic and professional surveying services on the above-mentioned project.
The scope of work of the land surveyor shall be to supply all supervision, technical labor, equipment,
services,tools,consumables,insurance,and pay any applicable sales/use taxes,and all other things required
to perform land surveying in accordance with the technical requirements specified in this Estimate.
Project Name: City of NRH Pedestrian Connectivity Enhancement Project-Smithfield Road&Davis Blvd.
Location of survey: (please see Exhibit B for more details)
o Smithfield Road: East side of Smithfield Road from Brandi Place north to the southwest entrance
of Smithfield Elementary School.
o Davis Boulevard: East side of Davis Blvd from Main Street north to Northeast Parkway.
Project Overview: The purpose of this survey is to locate and document visible and apparent information
pertinent to the design and construction of City of North Richland Hills Pedestrian Connectivity
Enhancements.
ITEM 1 —TOPOGRAPHIC SURVEY
Limits of Survey: (please see Exhibit B for more details)
General Project details—Survey will horizontally and vertically locate visible surface features within
the project area as described in Exhibit B and being more specifically detailed below.
o Main project area cross sections and/or mapping will be collected generally at 25'
intervals and at all breaks in grade producing 1' interval contours for a swath from the
near back of curb through a point 10 feet east of the existing public right-of-way line.
• Mapping of the Chapman/Smithfield intersection is included. Mapping will
extend 25'past each return. Existing pavement striping will be included in the
intersection.
• The full parking lot and its pavement striping is included up to the fence line
for the Little Tyke Learning Center. The face of buildings and their finished
floors are included for the Learning Center as well.
• Adjoining roadway intersections will be surveyed 25' past the returns.
• Existing pedestrian trail connections will be surveyed 25' beyond the
connection point.
o All trees 4" or larger will be located in the field. Common name and approximate trunk
size will be noted on the survey.
o Orthorectified imagery, captured using UAV drone technology, will be used to provide
an aerial background to the deliverable.Photogrammetry,derived from the orthorectified
imagery, will be utilized to capture mapping and improvements as applicable.
o Measure-downs for accessible underground utilities are not included in this estimate.
Right of Entry: The Surveyor will coordinate with the project Engineer to obtain right—of-entry
(ROE)for mapping on this project. These services will be provided on the Surveyor's behalf prior to
starting.
Texas811 OneCall Coordination: Prior to commencing any topographic fieldwork, the Surveyor
will submit a utility locate request for the project limits to Texas8l l (fonnerly Texas Excavation
Safety System, Inc.) online at 1A/1A/1nr.T(,)ui.s8 i i.org or by telephone at 811 or 800-344-8377. Marks
set by Texas811 will be shown on our survey.
Private Franchise Utilities: We will locate and tie visible franchise utilities (Gas, Telephone/FOC,
Electric, Cable, etc.) and associated appurtenances including but not limited to: power poles, guy
anchors, manholes, meters, valves, test stations, vaults, handholds, pull boxes,pedestals, controllers,
etc. If available, we will denote size, material type, pressure rating, line voltage and utility owner as
applicable. Visible Texas8l l markings will be shown on the survey.
City of NRH Public Utilities: We will ocate and tie visible public utilities(water,wastewater, stone
sewer, and telephone/fiber) and associated appurtenances including but not limited to: manholes,
cleanouts,meters,services,isolation valves,blow-offs,fire hydrants,inlets,junction boxes,headwalls,
wingwalls, rip-rap aprons and all other appurtenances. Measure-downs are not included in this
estimate.
Building/Structure Details: The limits of structure, ground elevation adjacent to those limits,visible
roof drain outfalls and finished floor elevation will be shown for all buildings and structures within
the proposed survey limits.
Fence and Retaining Walls: We will provide location, height and material type for fences located
within the project limits. Provide the location and material type for retaining walls and provide top
and bottom of wall elevations along its length at grade changes.
Right-of-Way and Property: Our survey will ocate and tie existing right-of-way,property lines and
easements,including type,size,volume, and page,where applicable.We will show lot,block,abstract
number,adjacent street names and property address. City and County boundaries will be shown where
applicable.Property owner and business names will be shown on the survey.
Roadways and Improved Surfaces: Roadways, driveways, alleys, and sidewalks will be located and
identified on the survey. Existing width and composition of improved surfaces will be shown on the
survey.
o Existing pavement markings and signage will be identified on the survey.
o Traffic signal bases,mast anus and control boxes will be shown on the survey.
Surface Drainage Features:We will ocate and tie top,toe and flow lines of existing swales,channels
and creeks with the project limits. Our survey will ocate headwall and wingwalls and denote number,
size,material type, flow line and top of pipe elevation for culvert conduit(s).
Trees, Shrubs, Landscaping and Irrigation: We will locate trees 4" or larger in diameter, shrubs
and landscaping features and provide identification notes accordingly. We attempt to provide tree
common name and caliper as measured approximately four feet off the ground. Major tree and brush
lines will be delineated on the survey.Existing visible irrigation structures and planters will be located
on this survey.
Methods and Precision
Basis of Control: Local municipal geodetic control, if available, otherwise the Allterra-VRS GPS
system will be used to establish our horizontal and vertical values.
Project Coordinate System: Survey coordinates will be provided in a project modified State Plane
"surface"position. The project scaling point and factor will be labeled and shown in CAD. Basis of
control and all other pertinent details will be described in the CAD files and on the control description
sheets.
Horizontal and Vertical Control Methods: Horizontal and vertical control will be established using
RTK"base and rover" GPS methods. Control will have an accuracy of+/-0.04' at the time of survey.
Data Collection: RTK GPS and robotic total stations will be used for a majority of this survey.
Deliverables: Topographic Survey
CAD Format: AutoCAD 2020 fonnat Civil 3D CAD files with v2004 save down AutoCAD files.
Project Scale: 20 scale
Base Map: An electronic base map at 1:1 scale (base unit US Survey Foot) containing pertinent
Topographic field data will be prepared.
o National CAD Standard drafting standards including layers and styles will be used.
o Text will be oriented with north being true reading West to East.
o The base map shall be in AutoCAD DWG fonnat.
o DTM generated contours shall have one-foot minor and five-foot major intervals.
o XML surface defining the AutoCAD Civil 3D surface.
o UAV captured imagery will be used as a background in our deliverable.
o PDF electronic copies of all project research used to workup the project mapping which
includes but is not limited to plats, deeds,right-of-way maps and provided utility maps.
o PDF electronic copies of all the Texas8 L1 tickets and correspondence.
o PDF copy of all field notes.
o PDF copy of the survey base map is not included.
Survey Control and Material:
0 5/8"iron rods with cap and/or mag nails will be used as a control material.
o Horizontal and vertical control points will be set at 500' intervals within the project
area. Where possible, control monumentation shall be located sufficiently away from
the project limits so as not to be disturbed by construction activities. A minimum of 4
project control points will be established for each of the project alignments.
Point File: A comma delimited ASCII file showing point number, northing, casting, elevation, and
description shall be provided for all data collected on this project.
Field Sketches and Site Pictures: Applicable field sketches and site photographs depicting any
special field infonnation shall be provided in digital fonn.
Assumptions: Topographic Survey
Abstracting Services: This estimate does not include hiring an abstractor to conduct abstracting
services for property, easement, and right-of-way research. Current platting and/or deed infonnation
available at the County and infonnation provided to the Surveyor by the client and/or owner will be
used for this project.
Additional Project Services: This estimate includes mapping as identified in the Exhibit B.
Additional services requested beyond what is identified in Exhibit B and/or detailed herein may result
in a request for additional compensation.
Arborist Services: This estimate does not include the services of an arborist or licensed landscape
architect to provide tree size and scientific name. The surveyor will make an attempt to approximately
identify the common name and size of each project affected tree.
Construction Staking Services: This estimate does not include staking of any kind for the
construction of this project. Project control will not be refreshed prior to the commencement of
construction.
Texas811 Coordination: This estimate includes only one attempt to capture Texas811 markings. The
services will be ordered 5 days prior to the survey start date. Markings not set by Texas8l l prior to
the time of field mapping collection will not be shown on the survey.
Public Utility Records Research: This estimate includes public utility records research. Recovered
vault data will be delivered to the Designer/Owner in PDF fonnat.
SUE Level C & D / Public and Private Franchise Alignments: This estimate includes placing
underground public and private utility alignments on the face of the survey based on observed surface
evidence and City vault data for public alignments. Texas811 markings will be used to locate private
utility alignments.
Right of Entry: This estimate does not include right-of-entry services.
Subsurface Utility Investigation: This estimate does not include sub-surface excavation to confine
underground utility locations.All utility line work will be based on surface field evidence and provided
record drawing research.
SUE Test Hole and Marker Locations: This estimate does not include the location and collection of
data regarding test-hole locations or SUE markings locations perfonned by SUE contractors.
Soil Borings: This estimate does not include the location of soil borings perfonned by others.
ITEM 2—TDLR REGISTRATION REVIEW AND INSPECTION
• Engineer will enlist the services of a registered accessibility specialist(RAS)to:
o Register the project with the Texas Department of Licensing and Regulation(TDLR)
o Perfonn a plan review of the final documents to verify compliance with current
Americans with Disability Acts (ADA) standards and regulations.
o Perfonn an on-site inspection of the project upon completion of construction.
ITEM 3 - TXDOT LOCAL ON-SYSTEM AGREEMENT (LOSA)
The Engineer shall coordinate with TxDOT and provide support and guidance to the City to assist in
obtaining the required agreement from TxDOT for construction within state ROW.
EXHIBIT D
ADDITIONAL ENGINEERING SERVICES
FOR
PEDESTRIAN CONNECTIVITY ENHANCEMENTS PROJECT (ST2303)
Additional engineering services which may required to complete the project include Bid and Construction
Phase Services and Easement and ROW Instrument Services. This scope of work shall be defined as
follows:
ITEM 1 —BID AND CONSTRUCTION PHASE SERVICES
1. Bid Phase Services
a. The Engineer shall provide Bid Phase Services,including
i. The Engineer shall develop the invitation to bid and deliver to City staff for
advertising the project for public bidding.
ii. The Engineer shall receive all questions from bidders,log the questions, and
answer in the fonn of an addenda.
iii. The Engineer shall conduct the bid letting,receive all bids, tabulate the bids, and
certify them.
iv. The Engineer shall research the low bidder's qualifications and recommend
award to the City
2. Construction Phase Services
The Engineer shall provide Construction Phase to include,but not limited to the following:
A. Attend final walkthrough
ITEMS 2 &3 —EASEMENT AND ROW INSTRUMENT SERVICES
The Surveyor will prepare metes and bounds descriptions with accompanying map exhibit for pennanent
and temporary instruments on an as needed basis.
Deliverables
• One electronic executed PDF of the complete instrument for each parcel.
• Existing appraisal district tax card,parent deed and/or plat,map check for each exhibit and all
other supporting documentation.
• Signed and sealed PDF of the final documents. Paper copies are not included.
• All documents will include NAD83 GRID coordinates for the point of beginning, horizontal
scaling factors and basis of bearings infonnation.
Assumptions
Instrument Format: All instruments will strictly follow controlling jurisdiction guidelines and
procedures for the preparation of instrument documents.
Design changes: This estimate includes only one submittal based on apre-approved design of the project.
All changes due to re-design after the initial submittal for each phase will be invoiced back to the
Client/Owner at an hourly cost.
Staking of Easement Right-of-Way Corners: This estimate only includes staking pennanent public
right-of-way acquisitions on the ground. Pennanent and Temporary Easement acquisitions will not be
staked on the ground.
EXHIBIT E
SERVICES TO BE PROVIDED BY THE CITY
FOR
PEDESTRIAN CONNECTIVITY ENHANCEMENTS PROJECT (ST2303)
The CITY will provide the following services to the ENGINEER in the perfonnance of the PROJECT upon
request:
I. Provide any existing data the CITY has on file concerning the PROJECT, if available.
II. Provide any available As-Built plans for existing streets and drainage facilities, if available.
III. Provide any available As-Built plans for existing water and sanitary sewer mains, if available.
IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from
TxDOT and/or other local utility companies.
V. Provide standard details and specifications in digital format.
VI. Assist the ENGINEER by requiring appropriate utility companies to expose underground
utilities within the Right-Of-Way, when required.
VII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes
aware of any development that affects the scope or timing of the ENGINEER's services.
EXHIBIT F
COMPENSATION
FOR
PEDESTRIAN CONNECTIVITY ENHANCEMENTS PROJECT (ST2303)
I. COMPENSATION
For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay,
and the ENGINEER shall receive the compensation hereinafter set forth for the Design and
Construction Phases of the work and additionally for Special Engineering Services and/or
Additional Engineering Services that are in addition to the Basic Engineering Services. All
remittances by CITY of such compensation shall either be mailed or delivered to the
ENGINEER's home office as identified in the work authorization.
A. Compensation for the Basic Engineering Services (Design and Bid phases) shall be
completed for a lump sum not to exceed fee of$31,109.00.
B. Compensation for Special Engineering Services and expenses not covered by the Basic
Engineering Services provided herein above shall be as follows:
Lump Sum Fee of$17,512.00
C. Compensation for Additional Engineering Services not covered by Basic Engineering
Services or Special Engineering Services provided herein shall be as follows:
1. Bid and Construction Phase Services: Not to Exceed Fee of$2,211.00
2. Easement Instrument Services: $984.50 per parcel(qty 2 parcels $1,969.00)
3. ROW Instrument Services: $1,424.50 per parcel (qty 2 parcels $2,849.00)
For all direct non-labor and/or subcontract expense, including mileage, travel and living
expenses at invoice or internal office cost times a multiplier of 1.1.
Payments to the ENGINEER for authorized Additional Engineering Services will be due
monthly, upon presentation of monthly statement by the ENGINEER for such services.
II. AUDIT AND SCOPE CHANGE
Cost budgets are set forth above and are subject to the audit provisions of this Agreement,
Section XVII: "Right to Audit". It is also understood that the cost budgets are based upon
ENGINEER's best estimate of work and level of effort required for the proposed scope of
services. As the PROJECT progresses, it is possible that the level of effort and/or scope may
differ up or down from that assumed. If there are no scope changes, the ENGINEER shall
receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time
it appears that the cost budget may be exceeded,the ENGINEER shall notify the CITY as soon
as possible in writing.
If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing
and shall include a revised scope of services, estimated cost,revised fee schedule,and a revised
time of completion. Upon negotiation and agreement via a signed amendment by both parties,
the cost budget, fee schedule, and total budget will be adjusted accordingly.
CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the
cost budget. The ENGINEER shall not be obligated to perform on any change in scope of
work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing
that the total budget for Engineering Services has been increased and shall have specified in
such notice a revised total budget which shall thereupon constitute a total budget for
Engineering Services for performance under this Agreement.
A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and
executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering
Service(s).
III. PAYMENT
Payments to the ENGINEER will be made as follows:
A. Invoice and Time of Payment
Monthly invoices will be issued by the ENGINEER for all work performed under this
Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format
approved by the CITY prior to submission of the first monthly invoice. Once approved,
the CITY agrees not to require changes in the invoice format,but reserves the right to audit.
Monthly payment of the fee will be in proportion to the percent completion of the total
work(as indicated in Exhibit B: "Basic Engineering Services").
Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering
Services", the final payment of any balance will be due upon receipt of the final invoice.
EXHIBIT G
FORM 1295
FOR
PEDESTRIAN CONNECTIVITY ENHANCEMENTS PROJECT (ST2303)
[Form 1295 is submitted as the following page]
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 2
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
I Name of business entity filing for and the city,state and country of the business entity's plaTceCertificate Number:
of business. 2023-1057770
Aguirre&Fields, LP
Sugar Land,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the for Is 08/09/2023
being filed.
City of North Richland Hills,Texas Date Acknowledged:
3 Provide the identification number used by the governmental entity ors te agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
ST 2303, RFQ 2023-011
Professional Engineering Service Agreement for the Pedestrian Connectivity Enhancements Project.(ST 2303)
Nature Of interest-----------
4 Name of Interested Party City,State,Country(place of business) (check applicable)
1 Controlling Intermediary
Aguirre, LLC-General Partner Sugar Land,TX United States X
Aguirre,Oscar R. Sugar Land,TX United States X
Ahmed, Nazeer M. Sugar Land,TX United States X
Arastoo, Mahsa A. Sugar Land,TX United States X
Carle, Rick A. Sugar Land,TX United States X
Crosby,Christine R. Sugar Land,TX United States X
DeBord,Aaron S. Sugar Land,TX United States X
Schluter, Eric C. Fort Worth,TX United States X
Williams, Ryan J. Austin,TX United States X
Garcia,Alex 1. Fort Worth,TX United States X
Gribble, Mark D. Sugar Land,TX United States X
Ingram, Noelle H. Sugar Land,TX United States X
Hahn, Paul R. Austin,TX United States X
Hazzard, Elizabeth A. Oklahorna City,TX United States X
Lee, Roger 0. Sugar Land,TX United States X
Lee, Eugene J. Fort Worth,TX United States X
Lubitz, David J. Austin,TX United States X
I
Forms provided by Texas Ethics Commission www.ethics.state,txus Version V3.5.1.39e6f620
CERTIFICATE OF INTERESTED PARTIES FORM 1295
2 of 2
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. 2023-1057770
Aguirre&Fields, LP
Sugar Land,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the for is 08/09/2023
being filed.
City of North Richland Hills,Texas Date Acknowledged:
3 Provide the identification number used byte 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.
ST 2303, RFQ 2023-011
Professional Engineering Service Agreement for the Pedestrian Connectivity Enhancements Project.(ST 2303)
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Cont--- F rolling Intermediary
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is and my date of birth is- _1_ J QQ7 71_964
ley addressis 7215 New Territory Blvd., Ste 100 Sugart-and TX 77479 USA
(street) (city) (state) (zip code) (Country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Fort Bend County, State of Texas on the 9th day of 20_23
(month) (year)
wu
Signature of authorized agent of contracting business entity
(declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1,39e6f620
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124
CERTIFICATE OF INTERESTED PARTIES FORM 1295
2 of 2
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. 2023-1057770
Aguirre&Fields, LP
Sugar Land,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the for is 08/09/2023
being filed.
City of North Richland Hills,Texas Date Acknowledged:
3 Provide the identification number used byte 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.
ST 2303, RFQ 2023-011
Professional Engineering Service Agreement for the Pedestrian Connectivity Enhancements Project.(ST 2303)
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Cont--- F rolling Intermediary
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is and my date of birth is- _1_ J QQ7 71_964
ley addressis 7215 New Territory Blvd., Ste 100 Sugart-and TX 77479 USA
(street) (city) (state) (zip code) (Country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Fort Bend County, State of Texas on the 9th day of 20_23
(month) (year)
wu
Signature of authorized agent of contracting business entity
(declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1,39e6f620
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Authorize the City Manager to execute a cost-sharing agreement
with Tyson Prepared Foods North Richland Hills for the Tyson 12" &
10" Sanitary Sewer By-Pass Project (UT2207).
PRESENTER: Caroline Waggoner, Assistant City Manager
SUMMARY:
Authorize the City Manager to execute a cost-sharing agreement with Tyson Prepared
Foods North Richland Hills for the Tyson 12" & 10" Sanitary Sewer By-Pass Project
(UT2207).
GENERAL DESCRIPTION:
This project consists of designing and constructing approximately 1,000 feet of 12"
sanitary sewer main and approximately 400 feet of 10" sanitary sewer line to replace an
older 8" sewer line.
The 8" line being replaced and increased in size has been in place for 30-plus years. A
larger line is needed to accommodate increased flows from the Iron Horse Transit
Oriented Development District, along with industrial flows from the Tyson food processing
facility. Since the line is being replaced, it will be rerouted along Browning Drive which will
remove the industrial flows from within the downstream residential development sewer
system.
In City staff's discussions with Tyson Prepared Foods North Richland Hills, Tyson has
committed to pay $50,000 in a lump sum payment towards the cost of the project, which
is needed in part to accommodate flow rate from their manufacturing facility. Utility Funds
will pay for the rest of the project. The project is currently out for bid and is estimated to
cost $1,215,300 to construct.
RECOMMENDATION:
Authorize the City Manager to execute a cost-sharing agreement with Tyson Prepared
Foods North Richland Hills for the Tyson 12" & 10" Sanitary Sewer By-Pass Project
(UT2207).
COST SHARING AGREEMENT
This COST SHARING AGREEMENT ("Agreement") is entered into between the City
of North Richland Hills ("City") and Tyson Prepared Foods North Richland Hills ("Tyson
Foods"), owner of a manufacturing / food processing facility("Facility") located in North
Richland Hills. City and Tyson are each referred to herein individually as a "party" and
collectively as the "parties."
Whereas, the City Council approved the Tyson 12" and 10" Sanitary Sewer By-Pass Line
Project (UT2207) as a part of the 2021-22 Capital Projects Budget on August 16, 2021 ("CIP
Project"); and
Whereas,Tyson Foods owns and operates a meat production plant located at 6350 Browning
Court in the city of North Richland Hills, Texas; and
Whereas, the flowrate of sanitary sewer outflow from Tyson's production operations
overwhelms the existing gravity sewer main and results in excessive sewer gases in the
downstream system in close proximity to residential properties; and
Whereas, as a part of the CIP Project, the City desires to construct improvements to bypass
the residential neighborhood by conveying the industrial flow through a larger pipe within an
alternate alignment; and
Now therefore, the City and Tyson hereby agree as follows-
1. Commencement. This Agreement shall be effective upon the last date of execution
by both parties.
2. Proiect. This Agreement is for the public purpose of constructing a sanitary sewer
bypass line to convey sanitary sewer flow from the Tyson facility south to Browning Drive,
and then along Browning Drive to the city's existing trunk main in order to eliminate
industrial sanitary sewer flow through the adjacent residential subdivision in North
Richland Hills ("Project"), such Project being depicted in "Exhibit A," which is attached
hereto and incorporated into this Agreement.
3. City Council Approval. Prior to any work being done on the Project, the Project
shall be approved by the City Council of North Richland Hills. The anticipated completion date
of the Project is ("Completion Date").
4. Cost Share and Payment. The anticipated cost for construction of the Project and
related expenses shall be $1,215,300 ("Total Cost"). The Total Cost shall be fully set forth in
"Exhibit B," which is attached hereto and incorporated herein.
a. Tyson agrees to pay the City the amount of $50,000 in one lump sum payment for
costs and expenses of the Project on or before October 31, 2023 ("Tyson Foods
Payment").
b. The City anticipates paying an estimated amount of$1,200,000.00 for the cost of the
Project from funds allocated for the CIP Project ("City Payment"). The final amount of
Tyson Prepared Foods/North Richland Hills
Developer Cost Sharing Agreement PAGE 1 OF 7
the City Payment will be determined following finalization of the City's procurement
process for the Project.
c. The City shall be obligated to pay for costs and expenses for the Project in
accordance with subsection (b) above. Notwithstanding, in the event no funds or
insufficient funds are appropriated by the City in any fiscal period for any payments
due hereunder, City will notify Tyson of such occurrence and the City shall have the
right to extend the Completion Date or terminate this Agreement on the last day of
the fiscal period for which appropriations were received without penalty or expense
to the City of any kind whatsoever, except the City shall pay the portion of expenses
herein agreed upon for which funds have been appropriated up through termination.
5. Termination. Except as otherwise authorized herein, this Agreement shall terminate
upon completion of the Project, such determination of completion to be made at the City's
discretion. In the event City Council fails to approve the Project, and Tyson Foods has already
remitted the Tyson Foods Payment to the City, the City shall return the Tyson Foods Payment
to Tyson Foods within thirty (30) days of such action taken by the City Council.
6. Public Information. Tyson acknowledges that the City is a public entity, subject to
the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "Act"),
and any information maintained or held by the City is subject to public disclosure under the
Act.
7. Disputes. If there is any dispute between the parties, the disputing party shall notify
the other party in writing within ten (10) business days and the parties shall make a good faith
effort, either through email, mail, phone conference, in person meetings, or other reasonable
means to resolve any such dispute. If the parties fail to resolve the dispute within sixty (60) days
of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-
binding mediation in Tarrant County, Texas, upon written consent of authorized representatives
of both. The mediator shall be agreed to by the parties. Each party shall be responsible for its
own expenses, including attorney's fees; however, the parties shall share equally in the costs
of the mediation. If the parties cannot resolve the dispute through mediation, then either party
shall have the right to exercise any and all remedies available under law regarding the dispute.
Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance
with this section, the parties agree to continue all of their respective duties and obligations
under this Agreement not affected by the dispute. Either party may, at any time before or
during this dispute resolution process, apply to a court having jurisdiction for a temporary
restraining order or preliminary injunction where such relief is necessary to protect its
interests.
8. Notices. Notices to the parties shall be in writing and effective when (1) hand delivered;
(2) sent by facsimile with electronic confirmation of transmission; or (3) three days after
deposit with the United States Postal Service, certified mail, return receipt requested and
properly addressed to the intended recipient as indicated below:
Tyson Prepared Foods/North Richland Hills
Developer Cost Sharing Agreement PAGE 2 OF 7
To Owner/Developer:
Marte Amrine
Tyson Prepared Foods North Richland Hills
6350 Browning Court
North Richland Hills, Texas 76180
Phone- 817-514-3418
Email- Mairte.Amirineft , so .corm
......................................................................................................
To City:
City of North Richland Hills
Attn- Mark Hindman, City Manager
4301 City Point Drive
North Richland Hills, Texas 76180
Phone- 817-427-6007
Fax- 817-427-6016
E m a i I- ..or)r]l.n. d r.r.]airy A,in. rli Ix co or)..
..... ................................... .......................................
With Copy to (such copy shall not constitute notice)-
Maleshia B. McGinnis
City Attorney
4301 City Point Drive
North Richland Hills, Texas 76180
Phone- 817/427-6042
Fax- 817/427-6041
Email: r7rn.,r7rn, jl.n.nis..A.................................. .......
9. Governing Law. This Agreement shall be governed by the laws of the State of Texas.
If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas.
10. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired.
11. Force Maiieure. The parties shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any delay
or omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any government law, ordinance or
regulation, acts of God, acts of the public enemy, fires, strikes, epidemics, pandemics,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental
authority, transportation problems and/or any other similar causes.
Tyson Prepared Foods/North Richland Hills
Developer Cost Sharing Agreement PAGE 3 OF 7
12. Assignment. This Agreement may not be assigned, in whole or in part, without the
prior mutual written consent of both parties.
13. Amendments. Any amendments to this Agreement must be in writing and signed by
an authorized representative of each party.
14. Counterparts. This Agreement may be executed in one or more counterparts and
each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall
together constitute one and the same instrument. This Agreement may be executed in an
electronic format and shall be valid as an original signature.
Signed and agreed on this the day of , 2023.
[Signature Page Follows]
TYSON PREPARED FOODS NORTH CITY OF NORTH RICHLAND HILLS:
RICHLAND HILLS:
By: By:
Marte Amrine, Plant Manager Mark Hindman, City Manager
ATTEST-
By-
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED TO FORM AND LEGALITY:
By:
Maleshia B. McGinnis
City Attorney
Tyson Prepared Foods/North Richland Hills
Developer Cost Sharing Agreement PAGE 4 OF 7
EXHIBIT "A"
Description of the Project:
Construction of a sanitary sewer bypass to route wastewater flow from the Tyson facility
to a new, larger sanitary sewer main line in order to support industrial wastewater flow to
the city's sewer trunk main via Browning Drive rather than flowing through the adjacent
residential subdivision , North Richland Hills.
Tyson 12" and 10" Sanitary Sewer By-Pass Line
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Tyson Prepared Foods/North Richland Hills
Developer Cost Sharing Agreement PAGE 5 OF 7
EXHIBIT "B"
. a a � _ luu�uohlull���m�il�lilomliillill uumilu��u��'�������
OPINION OF PROBABLE CONSTRUCTION COST
® Tyson Foods Sanitary Sewer Improvements ®• 10/31/2022
UNIMEMCity of North Richland Hills '® 1112
90%Design Submittal Aaron Conine
Jacob Schababerle Aaron Conine NRH21828 °
RUM
1 12-Inch PVC Sanitary Sewer(SDR-26)Open Cut(10'Depth or Less) 500 LF $ 180.00 $ 90,000
2 12-Inch PVC Sanitary Sewer(SDR-26)Open Cut(10'to 15'Depth) 50 LF $ 190.00 $ 9,500
3 12-Inch PVC Sanitary Sewer(SDR-26)Open Cut(25'to 30'Depth) 60 LF $ 370.00 $ 22,200
4 10-Inch PVC Sanitary Sewer(SDR-26)Open Cut(10'Depth or Less) 30 LF $ 150.00 $ 4,500
5 10-Inch PVC Sanitary Sewer(SDR-26)Open Cut(10'to 15'Depth) 340 LF $ 185.00 $ 62,900
6 Trench Safety 980 LF $ 2.00 $ 1,960
7 12-Inch PVC Sanitary Sewer(SDR-26)by Other Than Open Cut 1150 LF $ 240.00 $ 276,000
8 10-Inch PVC Sanitary Sewer(SDR-26)by Other Than Open Cut 40 LF $ 180.00 $ 7,200
9 Connect to Existing Sanitary Sewer Manhole 1 EA $ 9,000.00 $ 9,000
10 4-Foot Diameter Sanitary Sewer Manhole(up to 10'Deep) 4 EA $ 12,000.00 $ 48,000
11 Additional Depth for 4-Foot Diameter Sanitary Sewer Manhole S VE $ 45U.00 $ 2,250
12 5-Foot Diameter Sanitary Sewer Manhole(up to 10'Deep) 1 EA $ 16,600.00 $ 16,600
13 Additional Depth for 5-Foot Diameter Sanitary Sewer Manhole 14 VF $ 490.00 $ 6,860
14 5-Foot Diameter Sanitary Sewer Drop Manhole(up to 10'Deep) 1 EA $ 20,600.00 $ 20,600
1S Additional Depth for 5-Foot Diameter Sanitary Sewer Drop Manhole 2 VF $ 5S0.00 $ 1,100
5-Foot Diameter Sanitary Sewer Manhole with Watertight Ring and Lid(up to 10'
16 Deep) 4 EA $ 19,500.00 $ 78,000
17 Additional Depth for 5-Foot Diameter Watertight Sanitary Sewer Manhole 24 VF $ 550.00 $ 13,200
18 6-Foot Diameter Sanitary Sewer Drop Manhole(up to 10'Deep) 1 EA $ 25,800.00 $ 2S,800
19 Additional Depth for 6-Foot Diameter Sanitary Sewer Drop Manhole 27 VF $ 565.00 $ 15,255
20 Concrete Pavement Removal 560 SY $ 15.00 $ 8,400
21 Concrete Pavement Repair 560 SY $ 95.00 $ 53,200
22 Subgrade Repair 560 SY $ 17.00 $ 9,520
23 Remove Existing 8-Inch Sanitary Sewer 40 LF $ 45.00 $ 1,800
24 Abandon and Grout Existing 8-Inch Sanitary Sewer 516 LF $ 150.00 $ 77,400
25 Abandun Existing Sari Lary Sewer Manhule 1 EA $ 2,560.00 $ 2,560
26 Remove Existing Sanitary Sewer Manhole 1 EA $ 3,765.00 $ 3,765
27 Pre-Construction Video(Above Ground) 1 LS $ 5,000.00 $ 5,000
28 Post-Construction CCTV of Existing Sewer 640 LF $ 4.00 $ 2,560
29 Clearing and Grubbing 0.5 AC $ 5,000.00 $ 2,500
30 Hydromuch Seeding 2400 SY $ 7.00 $ 16,800
31 Design/Implementation Stormwater Prevention Plan(SWPPP) 1 LS $ 10,000.00 $ 10,000
32 Concrete Encasement 155 LF $ 100.00 $ 15,500
33 Design/Implementation of Traffic Control Plan 1 LS $ 37,000.00 $ 37,000
34 Construction Staking 1 LS $ 25,000.00 $ 25,000
35 Grouted Rock Riprap Repair 85 SY $ 650.00 $ 55,250
36 Iron Horse Wooden Fence Repair 15 LF $ 70.00 $ 1,050
37 Protect Iron Horse Signage 1 LS $ 1,000.00 $ 1,000
38 Trench Check Dam 1 EA $ 3,500.00 $ 3,500
39 Flowable Fill as Directed by Owner 50 CY $ 152.00 $ 7,600
40 4"Rock in Unstable Trench Bottom as Directed by Owner 50 CY $ 36.00 $ 1,800
SUBTOTAL $ 1,052,130
Page 1 of 2
Tyson Prepared Foods/North Richland Hills
Developer Cost Sharing Agreement PAGE 6 OF 7
°a Tyson Foods Sanitary Sewer l m prove men is 10/31/2022
UNMEMCity of North Richland Hills °a 1112
90%Design Submittal KIMM1111111=Aaror Conine
Jacob Schababerle Aaron Conine NRH21828
a a a a
SUBTOTAL $ 1,157,343
ac a
The Engineer has no control over the cost of labor,materials,equipment,or over the Contractor's methods of determining prices or over competitive bidding or market conditions.Opinions of probable costs
provided herein are based on the information known to Engineer at this tim a and represent only the Engineer's judgment as a design professional familiar with the construction industry.The Engineer cannot and
does not guamnteethat proposals,bids,oractual ronstmRi-costs will not vary from its opinions of probable costs.
NOTES:
1 FNI OPCC does not include costs associated with engineering fees,permits,surveying,etc.
2 FNI 50%OPCCtotalled$1,211,900.
Page 2 of 2
Tyson Prepared Foods/North Richland Hills
Developer Cost Sharing Agreement PAGE 7 OF 7
IrLp
NOKTH KIt HLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Consider Ordinance No. 3816, authorizing the issuance of "City of
North Richland Hills, Texas, General Obligation Bonds, Series
2023A"; specifying the terms and features of such bonds; levying a
continuing direct annual ad valorem tax for the payment of such
bonds; and resolving other matters incident and related to the
issuance, sale, payment and delivery of such bonds, including the
approval and execution of a Paying Agent/Registrar Agreement, and
the approval and distribution of a Preliminary Official Statement and
an Official Statement; and providing an effective date.
PRESENTER: Mark C. Mills, Director of Finance
SUMMARY:
City Council is requested to consider all matters related to the issuance and sale of City
of North Richland Hills, Texas General Obligation Bonds, Series 2023A (the "GO's"),
including the adoption of Ordinance No. 3816. Sealed bids for the GO's are to be received
on Monday, September 25, 2023.
GENERAL DESCRIPTION:
The proposed GO sale will include $5,895,000 in bonds. This will be the final issuance
of bonds associated with the 2020 Bond Election program.
GO 2020 BE Tax-Exempt Streets ST2218 Harmonson Rd. $400,000
GO 2020 BE Tax-Exempt Streets ST2219 Crystal Ln. $120,000
GO 2020 BE Tax-Exempt Streets ST2220 Danial Dr. $80,000
GO 2020 BE Tax-Exempt Streets ST2221 Post Oak Dr. $90,000
GO 2020 BE Tax-Exempt Streets ST2401 North Richland Blvd. $665,000
GO 2020 BE Tax-Exempt Streets ST2402 Ruth Rd. $550,000
GO 2020 BE Tax-Exempt Streets ST2404 Chapman Rd. $1,220,000
GO 2020 BE Tax-Exempt Streets ST2405 Lake Side Cir. $240,000
GO 2020 BE Tax-Exempt Streets ST2412 Major Bond Streets $1,897,500
GO 2020 BE Tax-Exempt Streets ST2413 Residential Bond Streets $632,500
•° off
IrLp
NOKTH KICHLAN HILLS
The Preliminary Official Statement and Notice of Sale were released for consideration to
potential bidders on Friday, September 15. Based on the structure recommended by the
City's financial advisor, Hilltop Securities, the tax-exempt GO's will be sold at a premium.
The City expects to issue approximately $5,670,000 in GO's (i.e. the par amount). In
addition, the City expects to receive a net premium on the GO's of approximately
$352,126. After deducting costs associated with the issuance of the GO's the City will
receive net proceeds of $5,895,000, the amount required to cover the associated GO-
funded projects. The final par and premium amounts will be determined based on the
winning bid received on Sept. 25.
As part of this process, the City seeks credit ratings from S&P Global Ratings ("S&P")
and Moody's Investors Service ("Moody's"). These ratings are a representation of
creditworthiness and provide an evaluation of a bond issuer's financial strength and
capacity to repay the bond's principal and interest. S&P has assigned its AA+ rating to
the GO's. At the same time, S&P affirmed its AA+ rating on the city's existing GO debt
and certificates of obligation. The AA+ rating is S&P's second highest rating, behind AAA.
Moody's has assigned its Aa2 rating to the GO's, as well as maintaining the Aa2 rating
on the City and its outstanding obligations. Aa2 is Moody's third highest rating, behind
Aaa and Aa1. These ratings represent obligations of high quality, with very low credit risk.
These are the same ratings the City received when it last went through this rating process
in April 2023.
Staff requests that Council consider the approval of an ordinance prepared by the City's
bond counsel, Norton Rose Fulbright US LLP. A draft, prepared prior to the receipt of
bids for the bonds, has been provided as an attachment to this item. The ordinance also
authorizes all necessary actions associated with the transaction. If approved, the closing
and delivery of funds would occur on or around October 19, 2023.
RECOMMENDATION:
Approve Ordinance No. 3816, authorizing the issuance of "City of North Richland Hills,
Texas, General Obligation Bonds, Series 2023A"; specifying the terms and features of
such bonds; levying a continuing direct annual ad valorem tax for the payment of such
bonds; and resolving other matters incident and related to the issuance, sale, payment
and delivery of such bonds, including the approval and execution of a Paying
Agent/Registrar Agreement, and the approval and distribution of a Preliminary Official
Statement and an Official Statement; and providing an effective date.
ORDINANCE NO. 3816
AUTHORIZING THE ISSUANCE OF
$f 1
CITY OF NORTH RICHLAND HILLS, TEXAS
GENERAL OBLIGATION BONDS,
SERIES 2023A
ADOPTED: September 25, 2023
137020090.1/1001249667
TABLE OF CONTENTS
Page
Section 1: Authorization - Designation - Principal Amount - Purpose.................................. 1
Section 2: Fully Registered Obligations - Bond Date -Authorized Denominations -
Stated Maturities - Interest Rates....................................................................... 1
Section 3: Terms of Payment - Paying Agent/Registrar. ..................................................... 2
Section4: Redemption. ...................................................................................................... 3
Section 5: Registration - Transfer- Exchange of Bonds - Predecessor Bonds.................... 5
Section 6: Book-Entry-Only Transfers and Transactions..................................................... 6
Section 7: Execution - Registration..................................................................................... 6
Section 8: Initial Bond(s)..................................................................................................... 7
Section9: Forms. ............................................................................................................... 7
Section 10: Levy of Taxes.. .................................................................................................. 7
Section 11: Mutilated - Destroyed - Lost and Stolen Bonds.. ................................................ 8
Section 12: Satisfaction of Obligation of City.. ...................................................................... 8
Section 13: Ordinance a Contract -Amendments - Outstanding Bonds...............................10
Section 14: Covenants to Maintain Tax-Exempt Status. ......................................................10
Section 15: Sale of Bonds —Official Statement Approval.....................................................13
Section 16: Control and Custody of Bonds.. ........................................................................14
Section 17: Proceeds of Sale...............................................................................................14
Section 18: Notices to Holders -Waiver. .............................................................................14
Section 19: Cancellation......................................................................................................14
Section20: Legal Opinion....................................................................................................15
Section 21: CUSIP Numbers. ..............................................................................................15
Section 22: Benefits of Ordinance. ......................................................................................15
Section 23: Inconsistent Provisions. ....................................................................................15
Section 24: Governing Law..................................................................................................15
Section 25: Effect of Headings.............................................................................................15
Section 26: Construction of Terms.......................................................................................15
Section 27: Continuing Disclosure Undertaking. ..................................................................15
Section 28: Severability. ......................................................................................................18
Section 29: Further Procedures...........................................................................................18
Section 30: Incorporation of Findings and Determinations...................................................19
Section 31: Public Meeting. .................................................................................................19
Section 32: Effective Date.. .................................................................................................19
EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT
EXHIBIT B FORMS OF BOND
137020090.1/1001249667 i
ORDINANCE NO. 3816
AN ORDINANCE authorizing the issuance of "CITY OF NORTH RICHLAND
HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2023A";
specifying the terms and features of such bonds; levying a continuing direct
annual ad valorem tax for the payment of such bonds; and resolving other
matters incident and related to the issuance, sale, payment and delivery of
such bonds, including the approval and execution of a Paying
Agent/Registrar Agreement, and the approval and distribution of a
Preliminary Official Statement and an Official Statement; and providing an
effective date.
WHEREAS, the City Council (the "Council') of the City of North Richland Hills, Texas (the
"City") hereby finds and determines that the remaining general obligation bonds authorized to be
issued at an election held on November 3, 2020 should be issued and sold at this time; a summary
of the general obligation bonds authorized at such election, the principal amount authorized, and
amounts heretofore issued and being issued pursuant to this ordinance being as follows:
Date of Amount Previously Amount Being Premium Unissued
Election Purpose Authorized ($) Issued Issued Applied ($)* Balance ($)
11-3-20 Street Improvements 49,875,000 43,980,000 --
Premium in the amount of$[ 1 which the City has allocated to and applied against the voted authorization referenced in the
above table results in a total amount of$[ 1 allocated to and applied against the voted authorization.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1: Authorization - Designation - Principal Amount - Purpose. General
obligation bonds of the City shall be and are hereby authorized to be issued in the aggregate
principal amount of $r 1, to be designated and bear the title "CITY OF NORTH
RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2023K (hereinafter
referred to as the "Bonds"), for the purpose of providing funds for (1) permanent public
improvements and public purposes, to wit: designing, acquiring, constructing, renovating,
improving, upgrading, updating, and equipping City streets, roads, and intersections, and related
curb, gutter, sidewalk, trail, drainage and utility infrastructure improvements, demolition, repair,
and rebuilding of existing streets, completing necessary or incidental utility relocation and
drainage in connection with the foregoing and the acquisition of land, easements, rights-of-way,
and other real property interests necessary therefor or incidental thereto, and (2) payment of the
costs of issuance of the Bonds, all in accordance with the authority conferred by and in conformity
with the Constitution and laws of the State of Texas, including Chapter 1331 of the Texas
Government Code, as amended.
Section 2: Fully Registered Obligations - Bond Date - Authorized Denominations -
Stated Maturities - Interest Rates. The Bonds shall be issued as fully registered obligations only,
shall be dated September 15, 2023 (the "Bond Date"), shall be in denominations of$5,000 or any
integral multiple (within a Stated Maturity) thereof, and shall become due and payable on
February 15 in each of the years and in principal amounts (the "Stated Maturities") and bear
interest at the rates per annum in accordance with the following schedule:
Year of Principal Interest
Stated Maturity Amount ($) Rates
20
137020090.1/1001249667
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
The Bonds shall bear interest on the unpaid principal amounts from the date of delivery to
the initial purchaser (anticipated to be October 19, 2023) at the rates per annum shown above in
this Section (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the
Bonds shall be payable on February 15 and August 15 in each year, commencing February 15,
2024, until maturity or prior redemption.
Section 3: Terms of Payment - Paying Agent/Registrar. The principal of, premium, if
any, and the interest on the Bonds, due and payable by reason of maturity, redemption, or
otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter
called the "Holders") appearing on the registration and transfer books maintained by the Paying
Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of
America which at the time of payment is legal tender for the payment of public and private debts,
and shall be without exchange or collection charges to the Holders.
The selection and appointment of UMB Bank, N.A., Dallas, Texas, to serve as Paying
Agent/Registrar for the Bonds is hereby approved and confirmed. Books and records relating to
the registration, payment, transfer and exchange of the Bonds (the "Security Register') shall at
all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, as provided
herein and in accordance with the terms and provisions of a"Paying Agent/Registrar Agreement,"
substantially in the form attached hereto as Exhibit A, and such reasonable rules and regulations
as the Paying Agent/Registrar and the City may prescribe. The Mayor or Mayor Pro Tern and
City Secretary or Assistant City Secretary are authorized to execute and deliver such Paying
Agent/Registrar Agreement in connection with the delivery of the Bonds. The City covenants to
maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and
discharged, and any successor Paying Agent/Registrar shall be a commercial bank, trust
company, financial institution or other entity qualified and authorized to serve in such capacity
and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying
Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be
137020090.1/1001249667 2
sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give
the address of the new Paying Agent/Registrar.
Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities
or on a date of earlier redemption thereof only upon presentation and surrender of the Bonds to
the Paying Agent/Registrar at its designated offices, initially in Kansas City, Missouri, or, with
respect to a successor Paying Agent/Registrar, at the designated offices of such successor (the
"Designated Payment/Transfer Office"). Interest on the Bonds shall be paid to the Holders whose
names appear in the Security Register at the close of business on the Record Date (the last
business day of the month next preceding each interest payment date) and shall be paid by the
Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the
address of the Holder recorded in the Security Register or (ii) by such other method, acceptable
to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder. If the
date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a
legal holiday, or a day when banking institutions in the city where the Designated
Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to
close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
In the event of a nonpayment of interest on a scheduled payment date, and for thirty (30)
days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest(which shall be 15 days after the Special Record Date) shall
be sent at least five (5) business days prior to the Special Record Date by United States mail,
first-class, postage prepaid, to the address of each Holder appearing on the Security Register at
the close of business on the last business day next preceding the date of mailing of such notice.
Section 4: Redemption.
(a) Optional Redemption. The Bonds maturing on and after February 15, 2034, may
be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part, from
time to time, in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated
Maturity by lot by the Paying Agent/Registrar), on February 15, 2033, or on any date thereafter,
at the redemption price of par, together with accrued interest to the date of redemption.
At least forty-five (45) days prior to a redemption date for the Bonds (unless a shorter
notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the
Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated
Maturity to be redeemed, and the date of redemption therefor.
(b) fMandatory Redemption. The Bonds having Stated Maturities of February 15,
20_, and February 15, 20_ (the "Term Bonds") shall be subject to mandatory redemption in
part prior to maturity at the redemption price of par and accrued interest to the date of redemption
on the respective dates and in principal amounts as follows:
Term Bonds due February 15, 20_ Term Bonds due February 15, 20_
Redemption Date Principal Amount Redemption Date Principal Amount
February 15, 20_ $ February 15, 20_ $
February 15, 20_ $ February 15, 20_ $
137020090.1/1001249667 3
February 15, 20_ $ February 15, 20_ $
February 15, 20_ (maturity) $ February 15, 20_ (maturity) $
Approximately forty-five (45) days prior to each mandatory redemption date for the Term
Bonds, the Paying Agent/Registrar shall select by lot the numbers of the Term Bonds within the
applicable Stated Maturity to be redeemed on the next following February 15 from moneys set
aside for that purpose in the Interest and Sinking Fund (as hereinafter defined). Any Term Bond
not selected for prior redemption shall be paid on the date of their Stated Maturity.
The principal amount of the Term Bonds for a Stated Maturity required to be redeemed on
a mandatory redemption date may be reduced, at the option of the City, by the principal amount
of Term Bonds of like Stated Maturity which, at least fifty (50) days prior to the mandatory
redemption date, (1) shall have been acquired by the City at a price not exceeding the principal
amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered
to the Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the
optional redemption provisions set forth in subsection (a) of this Section and not theretofore
credited against a mandatory redemption requirement.]
(b) Selection of Bonds for Redemption. If less than all of the Outstanding (as defined
herein) Bonds are to be redeemed on a redemption date, the City may select the Stated Maturity
or Stated Maturities of Bonds to be redeemed. If less than all Outstanding Bonds of the same
Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat
such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the
principal amount of such Bonds by$5,000 and shall select the Bonds to be redeemed within such
Stated Maturity by lot.
(c) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for
the Bonds, the City shall cause a notice of redemption to be sent by United States mail, first-class,
postage prepaid, in the name of the City and at the City's expense, to each Holder of a Bond to
be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register
at the close of business on the business day next preceding the date of mailing such notice, and
any notice of redemption so mailed shall be conclusively presumed to have been duly given
irrespective of whether received by the Holder.
All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify
the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed,
the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the
Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and
payable on the redemption date specified and the interest thereon, or on the portion of the
principal amount thereof to be redeemed, shall cease to accrue from and after the redemption
date, provided moneys sufficient for the payment of such Bond (or the principal amount thereof
to be redeemed) at the then applicable redemption price are held for the purpose of such payment
by the Paying Agent/Registrar and (v) specify that payment of the redemption price for the Bonds,
or the principal amount thereof to be redeemed, shall be made at the Designated
Payment/Transfer Office of the Paying Agent/Registrar only upon presentation and surrender of
the Bonds. If a Bond is subject by its terms to prior redemption and has been called for redemption
or notice of redemption has been duly given as hereinabove provided, such Bond (or the principal
amount thereof to be redeemed) shall become due and payable and interest thereon shall cease
to accrue from and after the redemption date therefor.
(d) Conditional Notice of Redemption. With respect to any optional redemption of the
Bonds, unless moneys sufficient to pay the principal of and premium, if any, and interest on the
137020090.1/1001249667 4
Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving
of such notice of redemption, such notice may state that such redemption is conditional upon the
receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such
redemption or upon any other prerequisites set forth in such notice of redemption. If a conditional
notice of redemption is given and such prerequisites to the redemption are not satisfied or
sufficient moneys are not received, such notice shall be of no force and effect, the City shall not
redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the
notice of redemption was given, to the effect that the Bonds have not been redeemed.
Section 5: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The
Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and
address of each Holder of the Bonds issued under and pursuant to the provisions of this
Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged
for Bonds of other authorized denominations by the Holder, in person or by his duly authorized
agent, upon surrender of such Bond to the Paying Agent/Registrar at the Designated
Payment/Transfer Office for cancellation, accompanied by a written instrument of transfer or
request for exchange duly executed by the Holder or by his duly authorized agent, in form
satisfactory to the Paying Agent/Registrar.
Upon surrender of any Bond (other than the Initial Bond(s) referenced in Section 8 hereof)
for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar, the Paying
Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees,
one or more new Bonds of authorized denominations and having the same Stated Maturity and
of a like aggregate principal amount as the Bond or Bonds surrendered for transfer.
At the option of the Holder, Bonds (other than the Initial Bond(s) referenced in Section 8
hereof) may be exchanged for other Bonds of authorized denominations and having the same
Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the
Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the
Designated Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are
surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to the
Holder requesting the exchange.
All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders
at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by United States
mail, first-class, postage prepaid to the Holders, and, upon the registration and delivery thereof,
the same shall be the valid obligations of the City, evidencing the same obligation to pay, and
entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or
exchange.
All transfers or exchanges of Bonds pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided, and except that
the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or
exchange of any tax or other governmental charges required to be paid with respect to such
transfer or exchange.
Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof
are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be,
of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in
the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any
mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued,
registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof and such
137020090.1/1001249667 5
new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost,
destroyed, or stolen Bond.
Neither the City nor the Paying Agent/Registrar shall be required to issue or transfer to an
assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the
date fixed for the redemption of such Bond; provided, however, such limitation on transferability
shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called
for redemption in part.
Section 6: Book-Entry-Only Transfers and Transactions. Notwithstanding the
provisions contained herein relating to the payment, redemption, and transfer/exchange of the
Bonds, the City hereby approves and authorizes the use of "Book-Entry-Only" securities
clearance, settlement and transfer system provided by The Depository Trust Company, a limited
purpose trust company organized under the laws of the State of New York ("DTC"), in accordance
with the operational arrangements referenced in the Blanket Issuer Letter of Representations, by
and between the City and DTC (the "Depository Agreement").
Pursuant to the Depository Agreement and the rules of DTC, the Bonds shall be deposited
with DTC who shall hold such Bonds for its participants (the"DTC Participants"). While the Bonds
are held by DTC under the Depository Agreement, the Holder of the Bonds on the Security
Register for all purposes, including payment and notices, shall be Cede & Co., as nominee of
DTC, notwithstanding the ownership of each actual purchaser or owner of each Bond (the
"Beneficial Owners") being recorded in the records of DTC and DTC Participants.
In the event DTC determines to discontinue serving as securities depository for the Bonds
or otherwise ceases to provide book-entry clearance and settlement of securities transactions in
general or the City decides to discontinue use of the system of book-entry transfers through DTC,
the City covenants and agrees with the Holders of the Bonds to cause Bonds to be printed in
definitive form and provide for the Bond certificates to be issued and delivered to DTC Participants
and Beneficial Owners, as the case may be. Thereafter, the Bonds in definitive form shall be
assigned, transferred and exchanged on the Security Register maintained by the Paying
Agent/Registrar and payment of such Bonds shall be made in accordance with the provisions of
Sections 3, 4, and 5 hereof.
Section 7: Execution - Registration. The Bonds shall be executed on behalf of the
City by the Mayor or Mayor Pro Tern under its seal reproduced or impressed thereon and
countersigned by the City Secretary or Assistant City Secretary. The signature of such officers
on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of
individuals who are or were the proper officers of the City on the date of the adoption of this
Ordinance shall be deemed to be duly executed on behalf of the City, notwithstanding that such
individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds
to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and
transfers, all as authorized and provided in the Texas Government Code, Chapter 1201, as
amended.
No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Bond either a certificate of registration
substantially in the form provided in Exhibit B, manually executed by the Comptroller of Public
Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration
substantially in the form provided in Exhibit B, manually executed by an authorized officer,
employee or representative of the Paying Agent/Registrar, and either such certificate duly signed
137020090.1/1001249667 6
upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been
duly certified, registered, and delivered.
Section 8: Initial Bond(s). The Bonds herein authorized shall be initially issued either
(i) as a single fully registered bond in the aggregate principal amount stated in Section 1 hereof
with principal installments to become due and payable as provided in Section 2 hereof and
numbered T-1, or (ii) as multiple fully registered bonds, being one bond for each year of maturity
in the applicable principal amount and denomination and to be numbered consecutively from T-1
and upward (hereinafter called the "Initial Bond(s)") and, in either case, the Initial Bond(s) shall
be registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s)
shall be the Bond(s) submitted to the Office of the Attorney General of the State of Texas for
approval, certified and registered by the Office of the Comptroller of Public Accounts of the State
of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s),
the Paying Agent/Registrar, pursuant to written instructions from the initial purchaser(s), or the
designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor
definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing
applicable interest rates for transfer and delivery to the Holders named at the addresses identified
therefor; all pursuant to and in accordance with such written instructions from the initial
purchaser(s), or the designee thereof, and such other information and documentation as the
Paying Agent/Registrar may reasonably require.
Section 9: Forms.
(a) Forms Generally. The Bonds, the Registration Certificate of the Comptroller of
Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and
the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set
forth in Exhibit B with such appropriate insertions, omissions, substitutions, and other variations
as are permitted or required by this Ordinance and may have such letters, numbers, or other
marks of identification (including identifying numbers and letters of the Committee on Uniform
Securities Identification Procedures of the American Bankers Association) and such legends and
endorsements (including insurance legends in the event the Bonds, or any maturities thereof, are
purchased with insurance and any reproduction of an opinion of counsel) thereon as may,
consistently herewith, be established by the City or determined by the officers executing such
Bonds as evidenced by their execution. Any portion of the text of any Bonds may be set forth on
the reverse thereof, with an appropriate reference thereto on the face of the Bond.
The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, engraved,
typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined
by the officers executing such Bonds as evidenced by their execution thereof.
Section 10: Levy of Taxes. To provide for the payment of the "Debt Service
Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their
payment at maturity or redemption or a sinking fund of 2% (whichever amount is the greater),
there is hereby levied, and there shall be annually assessed and collected in due time, form, and
manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such
tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the
Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and
sufficient to provide funds each year to pay the principal of and interest on such Bonds while
Outstanding; full allowance being made for delinquencies and costs of collection; separate books
and records relating to the receipt and disbursement of taxes levied, assessed and collected for
and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds
are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on
137020090.1/1001249667 7
the Bonds shall be deposited to the credit of a "Special 2023A Bond Account" (the "Interest and
Sinking Fund") maintained on the records of the City and deposited in a special fund maintained
at an official depository of the City's funds; and such tax hereby levied, and to be assessed and
collected annually, is hereby pledged to the payment of the Bonds.
The Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, Assistant City Manager,
Director of Finance, City Secretary, and Assistant City Secretary of the City, any one or more of
such officials, are hereby authorized and directed to cause to be transferred to the Paying
Agent/Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts
sufficient to fully pay and discharge promptly each installment of principal of and interest on the
Bonds as the same accrues or matures or comes due by reason of redemption prior to maturity;
such transfers of funds to be made in such manner as will cause collected funds to be deposited
with the Paying Agent/Registrar on or before each principal and interest payment date for the
Bonds.
The City has sufficient current funds available and such funds are hereby appropriated to
make the payments to become due on the Bonds on February 15, 2024, and August 15, 2024,
and the Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, Assistant City Manager,
Director of Finance, City Secretary, and Assistant City Secretary, individually or jointly, are hereby
authorized and directed to transfer and deposit in the Interest and Sinking Fund such amount of
current funds which will be sufficient to pay the amounts to become due on the Bonds on February
15, 2024, and August 15, 2024.
Section 11: Mutilated - Destroyed - Lost and Stolen Bonds. In case any Bond shall be
mutilated, destroyed, lost or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Bond of like form and tenor, and in the same denomination and bearing a number
not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in
lieu of and in substitution for such destroyed, lost or stolen Bond, only upon the approval of the
City and after (i) the filing by the Holder thereof with the Paying Agent/Registrar of evidence
satisfactory to the Paying Agent/Registrar of the destruction, loss or theft of such Bond, and of
the authenticity of the ownership thereof and (ii) the furnishing to the Paying Agent/Registrar of
indemnification in an amount satisfactory to hold the City and the Paying Agent/Registrar
harmless. All expenses and charges associated with such indemnity and with the preparation,
execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated,
destroyed, lost or stolen.
Every replacement Bond issued pursuant to this Section shall be a valid and binding
obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all
other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the
destroyed, lost, or stolen Bonds.
The provisions of this Section are exclusive and shall preclude (to the extent lawful) all
other rights and remedies with respect to the replacement and payment of mutilated, destroyed,
lost or stolen Bonds.
Section 12: Satisfaction of Obligation of City. If the City shall pay or cause to be paid,
or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on
the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes
levied under this Ordinance and all covenants, agreements, and other obligations of the City to
the Holders shall thereupon cease, terminate, and be discharged and satisfied.
137020090.1/1001249667 8
Bonds or any principal amount(s) thereof shall be deemed to have been paid within the
meaning and with the effect expressed above in this Section when (i) money sufficient to pay in
full such Bonds or the principal amount(s) thereof at maturity or the redemption date therefor,
together with all interest due thereon, shall have been irrevocably deposited with and held in trust
by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall
have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow
agent, which Government Securities shall mature as to principal and interest in such amounts
and at such times as will insure the availability, without reinvestment, of sufficient money, together
with any moneys deposited therewith, if any, to pay all necessary and proper fees, compensation,
and expenses of the Paying Agent/Registrar and to pay when due the principal of and interest on
such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof, or (if
notice of redemption has been duly given or waived or if irrevocable arrangements therefor
acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. In the
event of a defeasance of the Bonds, the City shall deliver a certificate from its financial advisor,
the Paying Agent/Registrar, an independent certified public accountant, or another qualified third
party concerning the sufficiency of the deposit of cash and/or Government Securities to pay,when
due, the principal of, redemption premium (if any), and interest due on any defeased Bonds.
The City reserves the right, subject to satisfying the requirements of (i) and/or (ii) above,
to substitute other Government Securities for the Government Securities originally deposited, to
reinvest the uninvested moneys on deposit for such defeasance and to withdraw for the benefit
of the City moneys in excess of the amount required for such defeasance. After firm banking and
financial arrangements for the discharge and final payment of the Bonds have been made as
described above, all rights of the City to initiate proceedings to call the Bonds for redemption or
take any other action amending the terms of this Ordinance are extinguished; provided, however,
that the right to call the Bonds for redemption is not extinguished if the City: (1) in the proceedings
providing for the firm banking and financial arrangements, expressly reserves the right to call the
Bonds for redemption; (2) gives notice of the reservation of that right to the Holders of the Bonds
immediately following the making of the payment arrangements; and (3) directs that notice of the
reservation be included in any redemption notices that it authorizes. The City covenants that no
deposit of moneys or Government Securities will be made under this Section and no use made
of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations
adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow agent,
and all income from Government Securities held in trust by the Paying Agent/Registrar, or an
authorized escrow agent, pursuant to this Section which is not required for the payment of the
Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys
have been so deposited shall be remitted to the City or deposited as directed by the City.
Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of
and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated
Maturity, or applicable redemption date, shall upon the request of the City be remitted to the City
against a written receipt therefor. Notwithstanding the above and foregoing, any remittance of
funds from the Paying Agent/Registrar to the City shall be subject to any applicable unclaimed
property laws of the State of Texas.
The term "Government Securities," as used herein, shall mean (i) direct noncallable
obligations of the United States of America, including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of America, (ii) noncallable obligations
of an agency or instrumentality of the United States, including obligations unconditionally
guaranteed or insured by the agency or instrumentality and that, on the date of their acquisition
137020090.1/1001249667 9
or purchase by the City, are rated as to investment quality by a nationally recognized investment
rating firm not less than "AAA" or its equivalent, (iii) noncallable obligations of a state or an agency
or a county, municipality, or other political subdivision of a state that have been refunded and that,
on the date of their acquisition or purchase by the City, are rated as to investment quality by a
nationally recognized investment rating firm not less than "AAA" or its equivalent, and (iv) any
other then authorized securities or obligations that may be used to defease obligations such as
the Bonds under the then applicable laws of the State of Texas.
Section 13: Ordinance a Contract-Amendments-Outstanding Bonds. This Ordinance
shall constitute a contract with the Holders from time to time, be binding on the City, and shall not
be amended or repealed by the City so long as any Bond remains Outstanding except as
permitted in this Section and in Section 27 hereof. The City may, without the consent of or notice
to any Holders, from time to time and at any time, amend this Ordinance in any manner not
detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency,
or formal defect or omission herein. In addition, the City may, with the consent of Holders holding
a majority in aggregate principal amount of the Bonds then Outstanding, amend, add to, or rescind
any of the provisions of this Ordinance; provided that, without the consent of all Holders of
Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times
of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal
amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify
the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2) give any
preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of
Bonds required to be held by Holders for consent to any such amendment, addition, or rescission.
The term "Outstanding" when used in this Ordinance with respect to Bonds means, as of
the date of determination, all Bonds theretofore issued and delivered under this Ordinance,
except:
(1) those Bonds cancelled by the Paying Agent/Registrar or delivered
to the Paying Agent/Registrar for cancellation;
(2) those Bonds deemed to be duly paid by the City in accordance with
the provisions of Section 12 hereof; and
(3) those mutilated, destroyed, lost, or stolen Bonds which have been
replaced with Bonds registered and delivered in lieu thereof as provided in
Section 11 hereof.
Section 14: Covenants to Maintain Tax-Exempt Status.
(a) Definitions. When used in this Section, the following terms have the following
meanings:
"Closing Date" means the date on which the Bonds are first authenticated
and delivered to the initial purchasers against payment therefor.
"Code" means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
"Computation Date" has the meaning set forth in Section 1.148-1(b) of the
Regulations.
137020090.1/1001249667 10
"Gross Proceeds" means any proceeds as defined in Section 1.148-1(b) of
the Regulations, and any replacement proceeds as defined in Section 1.148-1(c)
of the Regulations, of the Bonds.
"Investment' has the meaning set forth in Section 1.148-1(b) of the
Regulations.
"Nonpurpose Investment' means any investment property, as defined in
Section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested
and which is not acquired to carry out the governmental purposes of the Bonds.
"Rebate Amount' has the meaning set forth in Section 1.148-1(b) of the
Regulations.
"Regulations" means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds.
Any reference to any specific Regulation shall also mean, as appropriate, any
proposed, temporary or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
"Yield" of (1) any Investment has the meaning set forth in Section 1.148-5
of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148-
4 of the Regulations.
(b) Not to Cause Interest to Become Taxable. The City shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction or improvement of which is to be financed directly or indirectly with Gross Proceeds)
in a manner which if made or omitted, respectively, would cause the interest on any Bond to
become includable in the gross income, as defined in Section 61 of the Code, of the owner thereof
for federal income tax purposes. Without limiting the generality of the foregoing, unless and until
the City receives a written opinion of counsel nationally recognized in the field of municipal bond
law to the effect that failure to comply with such covenant will not adversely affect the exemption
from federal income tax of the interest on any Bond, the City shall comply with each of the specific
covenants in this Section.
(c) No Private Use or Private Payments. Except as permitted by Section 141 of the
Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated
Maturity of Bonds:
(1) exclusively own, operate and possess all property the acquisition,
construction or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Bonds and not use or permit the use of such
Gross Proceeds (including all contractual arrangements with terms different than
those applicable to the general public) or any property acquired, constructed or
improved with such Gross Proceeds in any activity carried on by any person or
entity (including the United States or any agency, department and instrumentality
thereof) other than a state or local government, unless such use is solely as a
member of the general public; and
(2) not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
137020090.1/1001249667 11
Bonds or any property the acquisition, construction or improvement of which is to
be financed or refinanced directly or indirectly with such Gross Proceeds, other
than taxes of general application within the City or interest earned on investments
acquired with such Gross Proceeds pending application for their intended
purposes.
(d) No Private Loan. Except to the extent permitted by Section 141 of the Code and
the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to
make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a
person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income
tax purposes; (2) capacity in or service from such property is committed to such person or entity
under a take-or-pay, output or similar contract or arrangement; or(3) indirect benefits, or burdens
and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or
improved with such Gross Proceeds are otherwise transferred in a transaction which is the
economic equivalent of a loan.
(e) Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of the
Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final
Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment (or
use Gross Proceeds to replace money so invested), if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced
thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds.
(f) Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of the
Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action
which would cause the Bonds to be federally guaranteed within the meaning of Section 149(b) of
the Code and the Regulations and rulings thereunder.
(g) Information Report. The City shall timely file the information required by Section
149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in
such place as the Secretary may prescribe.
(h) Rebate of Arbitrage Profits. Except to the extent otherwise provided in Section
148(f) of the Code and the Regulations and rulings thereunder:
(1) The City shall account for all Gross Proceeds (including all receipts,
expenditures and investments thereof) on its books of account separately and
apart from all other funds (and receipts, expenditures and investments thereof)and
shall retain all records of accounting for at least six years after the day on which
the last outstanding Bond is discharged. However, to the extent permitted by law,
the City may commingle Gross Proceeds of the Bonds with other money of the
City, provided that the City separately accounts for each receipt and expenditure
of Gross Proceeds and the obligations acquired therewith.
(2) Not less frequently than each Computation Date, the City shall
calculate the Rebate Amount in accordance with rules set forth in Section 148(f)
of the Code and the Regulations and rulings thereunder. The City shall maintain
such calculations with its official transcript of proceedings relating to the issuance
of the Bonds until six years after the final Computation Date.
137020090.1/1001249667 12
(3) As additional consideration for the purchase of the Bonds by the
Purchaser (defined below) and the loan of the money represented thereby and in
order to induce such purchase by measures designed to insure the excludability
of the interest thereon from the gross income of the owners thereof for federal
income tax purposes, the City shall pay to the United States from the construction
fund, the general fund, or other appropriate fund or, if permitted by applicable
Texas statute, regulation or opinion of the Attorney General of the State of Texas,
the Interest and Sinking Fund, the amount that when added to the future value of
previous rebate payments made for the Bonds equals (i) in the case of a Final
Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one
hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case
of any other Computation Date, ninety percent (90%) of the Rebate Amount on
such date. In all cases, the rebate payments shall be made at the times, in the
installments, to the place and in the manner as is or may be required by Section
148(f) of the Code and the Regulations and rulings thereunder, and shall be
accompanied by Form 8038-T or such other forms and information as is or may be
required by Section 148(f) of the Code and the Regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence to assure that no errors
are made in the calculations and payments required by paragraphs (2) and (3),
and if an error is made, to discover and promptly correct such error within a
reasonable amount of time thereafter (and in all events within one hundred eighty
(180) days after discovery of the error), including payment to the United States of
any additional Rebate Amount owed to it, interest thereon, and any penalty
imposed under Section 1.148-3(h) of the Regulations.
(i) Not to Divert Arbitrage Profits. Except to the extent permitted by Section 148 of
the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces
the amount required to be paid to the United States pursuant to Subsection (h) of this Section
because such transaction results in a smaller profit or a larger loss than would have resulted if
the transaction had been at arm's length and had the Yield of the Bonds not been relevant to
either party.
0) Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City
Manager, Deputy City Manager, Assistant City Manager, Director of Finance, City Secretary and
Assistant City Secretary, individually or jointly, to make elections permitted or required pursuant
to the provisions of the Code or the Regulations, as they deem necessary or appropriate in
connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate
certificate, form or document.
Section 15: Sale of Bonds —Official Statement Approval. Pursuant to a public sale for
the Bonds, the bid submitted by r 1 (herein referred to as the"Purchaser") is declared
to be the best bid received producing the lowest true interest cost rate to the City, and the sale of
the Bonds to such Purchaser at the price of par plus a cash premium of $r 1 and no
accrued interest, is hereby determined to in the best interests of the City and is approved and
confirmed. Delivery of the Bonds to the Purchaser shall occur as soon as possible upon payment
being made therefore in accordance with the terms of the sale. The initial Bond shall be registered
in the name as provided in the winning bid form.
Furthermore, the use of the Preliminary Official Statement by the Purchaser in connection
with the public offering and sale of the Bonds is hereby ratified, confirmed and approved in all
137020090.1/1001249667 13
respects. The final Official Statement, which reflects the terms of sale (together with such
changes approved by the Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, Assistant
City Manager, Director of Finance, City Secretary or Assistant City Secretary, any one or more of
such officials), shall be and is hereby in all respects approved and the Purchaser is hereby
authorized to use and distribute such final Official Statement, dated September 25, 2023 in the
reoffering, sale and delivery of the Bonds to the public. The Mayor or Mayor Pro Tern and City
Secretary or Assistant City Secretary are further authorized to deliver, for and on behalf of the
City, copies of such Official Statement in final form as may be required by the Purchaser, and
such final Official Statement in the form and content executed by such officials shall be deemed
to be approved by the Council and constitute the Official Statement authorized for distribution and
use by the Purchaser.
Section 16: Control and Custody of Bonds. The Mayor or Mayor Pro Tern of the City
shall be and is hereby authorized to take and have charge of all necessary orders and records
pending investigation by the Attorney General of the State of Texas, including the printing and
supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s)
pending the approval thereof by the Attorney General, the registration thereof by the Comptroller
of Public Accounts and the delivery thereof to the Purchaser.
Section 17: Proceeds of Sale. Immediately following the delivery of the Bonds, the
proceeds of sale of the Bonds (less those proceeds of sale designated to pay costs of issuance)
shall be deposited in the project account held at the depository bank of the City to finance the
permanent public improvements referenced in Section 1 hereof. Pending expenditure for
authorized projects and purposes, such proceeds of sale may be invested in authorized
investments in accordance with the provisions of Texas Government Code, Chapter 2256, as
amended, including specifically guaranteed investment contracts permitted by Texas Government
Code, Section 2256.015, et seq., and the City's investment policies and guidelines, and any
investment earnings realized may be expended for such authorized projects and purposes or
deposited in the Interest and Sinking Fund as shall be determined by the Council. Surplus
proceeds of sale of the Bonds, including investment earnings, remaining after completion of all
authorized projects or purposes shall be deposited to the credit of the Interest and Sinking Fund.
Section 18: Notices to Holders - Waiver. Wherever this Ordinance provides for notice
to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly
provided) if in writing and sent by United States mail, first-class, postage prepaid, to the address
of each Holder appearing in the Security Register at the close of business on the business day
next preceding the mailing of such notice.
In any case where notice to Holders is given by mail, neither the failure to mail such notice
to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of
such notice with respect to all other Bonds. Where this Ordinance provides for notice in any
manner, such notice may be waived in writing by the Holder entitled to receive such notice, either
before or after the event with respect to which such notice is given, and such waiver shall be the
equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying
Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action
taken in reliance upon such waiver.
Section 19: Cancellation. All Bonds surrendered for payment, redemption, transfer,
exchange or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly
cancelled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar
and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The City
may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously
137020090.1/1001249667 14
certified or registered and delivered which the City may have acquired in any manner whatsoever,
and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All
cancelled Bonds held by the Paying Agent/Registrar shall be returned to the City.
Section 20: Legal Opinion. The obligation of the Purchaser to accept delivery of the
Bonds is subject to being furnished a final legal opinion of Norton Rose Fulbright US LLP, Dallas,
Texas ("Bond Counsel") approving such Bonds as to their validity, such opinion to be dated and
delivered as of the date of delivery and payment for such Bonds. A true and correct reproduction
of such opinion is hereby authorized to be printed on or attached to the definitive Bonds or an
executed counterpart thereof shall accompany the Bonds deposited with DTC. The prior
engagement of Bond Counsel as bond counsel to the City is hereby approved, ratified and
confirmed.
Section 21: CUSIP Numbers. CUSIP numbers may be printed or typed on the
definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP
numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof
and neither the City nor attorneys approving the Bonds as to legality are to be held responsible
for CUSIP numbers incorrectly printed or typed on the definitive Bonds.
Section 22: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is
intended or shall be construed to confer upon any person other than the City, the Paying
Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by
reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being
intended to be and being for the sole and exclusive benefit of the City, the Paying Agent/Registrar
and the Holders.
Section 23: Inconsistent Provisions. All ordinances, orders or resolutions, or parts
thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters contained herein.
Section 24: Governing Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
Section 25: Effect of Headings. The section headings herein are for convenience of
reference only and shall not affect the construction hereof.
Section 26: Construction of Terms. If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural number
shall be considered to include the singular, and words of the masculine,feminine or neuter gender
shall be considered to include the other genders.
Section 27: Continuing Disclosure Undertaking.
(a) Definitions. As used in this Section, the following terms have the meanings
ascribed to such terms below:
"Financial Obligation" means a (a) debt obligation; (b) derivative instrument
entered into in connection with, or pledged as a security or a source of payment for, an
existing or planned debt obligation; or (c) guarantee of a debt obligation or any such
derivative instrument; provided that "financial obligation" shall not include municipal
137020090.1/1001249667 15
securities as to which a final official statement (as defined in the Rule) has been provided
to the MSRB consistent with the Rule.
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
(b) Annual Reports. The City shall provide annually to the MSRB (1)within six months
after the end of each fiscal year, beginning in or after 2023, financial information and operating
data with respect to the City of the general type included in Official Statement under Tables
numbered 1 through 5 and 7 through 14, and (2) if not provided as part of such financial
information and operating data, audited financial statements of the City, when and if available,
and in any case within twelve (12) months after the end of each year ending in or after 2023. Any
financial statements so provided shall (i) be prepared in accordance with the accounting principles
described in Appendix B to the Official Statement, or such other accounting principles as the City
may be required to employ from time to time pursuant to state law or regulation, and (ii) audited,
if the City commissions an audit of such statements and the audit is completed within the period
during which they must be provided. If the audit of such financial statements is not complete within
twelve (12) months after any such fiscal year of the City, then the City will provide unaudited
financial statements within such twelve-month period and audited financial statements when and
if such audited financial statements become available
If the City changes its fiscal year, it will notify the MSRB 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.
The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document available to the public on the MSRB's Internet website or filed with the SEC.
(c) Notice of Certain Events. The City shall provide notice of any of the following
events with respect to the Bonds to the MSRB in a timely manner and not more than ten (10)
business days after occurrence of the event:
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 Bonds, or other material events affecting the tax status of the Bonds;
7. Modifications to rights of holders of the Bonds, if material;
8. Bond calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Bonds, if
material;
11. Rating changes;
137020090.1/1001249667 16
12. Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur
as described below;
13. The consummation of a merger, consolidation, or acquisition involving the City or
the sale of all or substantially all of its assets, other than in the ordinary course of
business, the entry into of 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.
For these purposes, (a) any event described in the immediately preceding subsection
(c)12 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 United States 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, and(b)the City intends the words used in immediately preceding subsections
(c)15 and (c)16 and the definition of Financial Obligation in this Section to have the same
meanings as when they are used in the Rule, as evidenced by SEC Release No. 34-83885, dated
August 20, 2018.
The City shall notify the MSRB, in a timely manner, of any failure by the City to provide
financial information or operating data in accordance with subsection (b) of this Section by the
time required by such Section.
(d) Filings with the MSRB. All financial information, operating data, financial
statements, notices and other documents provided to the MSRB in accordance with this Section
shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by
identifying information as prescribed by the MSRB.
(e) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe
and perform the covenants specified in this Section while, but only while, the City remains an
"obligated person" with respect to the Bonds within the meaning of the Rule, except that the City
in any event will give the notice required by subsection (c) hereof of any Bond calls and
defeasance that cause the City to be no longer such an "obligated person."
The provisions of this Section are for the sole benefit of the Holders and beneficial owners
of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal
or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide
only the financial information, operating data, financial statements, and notices which it has
expressly agreed to provide pursuant to this Section and does not hereby undertake to provide
any other information that may be relevant or material to a complete presentation of the City's
137020090.1/1001249667 17
financial results, condition, or prospects or hereby undertake to update any information provided
in accordance with this Section or otherwise, except as expressly provided herein. The City does
not 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 CITY BE LIABLE TO THE HOLDER 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 CITY,
WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, 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 City in observing or performing its obligations under this Section shall
constitute a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
Notwithstanding anything to the contrary in this Ordinance, the provisions of this Section
may be amended by the City from time to time to adapt to changed circumstances resulting from
a change in legal requirements, a change in law, or a change in the identity, nature, status, or
type of operations of the City, but only if(1) the provisions of this Section, as so amended, would
have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in
compliance with the Rule, taking into account any amendments or interpretations of the Rule to
the date of such amendment, as well as such changed circumstances, and (2) either (a) the
Holders of a majority in aggregate principal amount (or any greater amount required by any other
provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds
consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally
recognized bond counsel) determines that such amendment will not materially impair the interests
of the Holders and beneficial owners of the Bonds. The provisions of this Section may also be
amended from time to time or repealed by the City if the SEC amends or repeals the applicable
provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid,
but only if and to the extent that reservation of the City's right to do so would not prevent
underwriters of the initial public offering of the Bonds from lawfully purchasing or selling Bonds in
such offering. If the City so amends the provisions of this Section, it shall include with any
amended financial information or operating data next provided pursuant to subsection (b) hereof
an explanation, in narrative form, of the reasons for the amendment and of the impact of any
change in the type of financial information or operating data so provided.
Section 28: Severability. If any provision of this Ordinance or the application thereof to
any circumstance shall be held to be invalid, the remainder of this Ordinance and the application
thereof to other circumstances shall nevertheless be valid, and the Council hereby declares that
this Ordinance would have been enacted without such invalid provision.
Section 29: Further Procedures. Any one or more of the Mayor, Mayor Pro Tem, City
Manager, Deputy City Manager, Assistant City Manager, Director of Finance, City Secretary, and
Assistant City Secretary are hereby expressly authorized, empowered and directed from time to
time and at any time to do and perform all such acts and things and to execute, acknowledge and
deliver in the name and on behalf of the City all agreements, instruments, certificates or other
documents, whether mentioned herein or not, as may be necessary or desirable in order to carry
137020090.1/1001249667 18
out the terms and provisions of this Ordinance and the issuance, sale and delivery of the Bonds.
In addition, prior to the delivery of the Bonds, the Mayor, Mayor Pro Tem, City Manager, Deputy
City Manager, Assistant City Manager, Director of Finance, or Bond Counsel to the City are each
hereby authorized and directed to approve any changes or corrections to this Ordinance or to any
of the documents authorized and approved by this Ordinance: (i) in order to cure any ambiguity,
formal defect, or omission in this Ordinance or such other document, or (ii) as requested by the
Attorney General of the State of Texas or his representative to obtain the approval of the Bonds
by the Attorney General. In the event that any officer of the City whose signature shall appear on
any document shall cease to be such officer before the delivery of such document, such signature
nevertheless shall be valid and sufficient for all purposes the same as if such officer had remained
in office until such delivery.
Additionally, the Mayor, Mayor Pro Tem, City Manager, Deputy City Manager, Assistant
City Manager, Director of Finance, City Secretary, and Assistant City Secretary may execute,
authenticate, certify, or endorse or authorize to be executed, authenticated, certified, or endorsed
with such officer's facsimile signature instead of the officer's manual signature any written
agreement, including a contract, purchase order or surety bond, and any related document,
including an application, certificate, or approval. For purposes of this Ordinance, "facsimile
signature" means a reproduction of the manual signature of an authorized officer that is made by
any method.
Section 30: Incorporation of Findings and Determinations. The findings and
determinations of the Council contained in the preamble hereof are hereby incorporated by
reference and made a part of this Ordinance for all purposes as if the same were restated in full
in this Section.
Section 31: Public Meeting. It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by Texas Government Code, Chapter 551, as amended.
Section 32: Effective Date. In accordance with the provisions of Texas Government
Code, Section 1201.028, as amended, this Ordinance shall be in force and effect from and after
its passage on the date shown below and it is so ordained.
137020090.1/1001249667 19
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 25th day of September, 2023.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mark C. Mills, Director of Finance
[signature page of Ordinance]
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
137020090.1/1001249667 A-1
EXHIBIT B
FORMS
(a) Form of Definitive Bonds.
REGISTERED REGISTERED
NO. $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS
GENERAL OBLIGATION BOND, SERIES 2023A
Bond Date: Interest Rate: Stated Maturity CUSIP No:
September 15, 2023 % February 15, 20_
Registered Owner:
Principal Amount:
The City of North Richland Hills, Texas (hereinafter referred to as the "City"), a body
corporate and political subdivision in the County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the Registered Owner named
above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal
Amount hereinabove stated (or so much thereof as shall not have been paid upon prior
redemption) and to pay interest on the unpaid principal amount hereof from the interest payment
date next preceding the"Registration Date" of this Bond appearing below(unless this Bond bears
a "Registration Date" as of an interest payment date, in which case it shall bear interest from such
date, or unless the "Registration Date" of this Bond is prior to the initial interest payment date in
which case it shall bear interest from the date of delivery to the initial purchasers (anticipated to
be October 19, 2023)) at the per annum rate of interest specified above computed on the basis
of a 360-day year of twelve 30-day months; such interest being payable on February 15 and
August 15 in each year, commencing February 15, 2024, until maturity or earlier redemption.
Principal of this Bond is payable at its Stated Maturity or on a date of earlier redemption to the
registered owner hereof, upon presentation and surrender, at the Designated Payment/Transfer
Office of the Paying Agent/Registrar executing the registration certificate appearing hereon, or its
successor. Interest is payable to the registered owner of this Bond (or one or more Predecessor
Bonds, as defined in the Ordinance hereinafter referenced)whose name appears on the"Security
Register" maintained by the Paying Agent/Registrar at the close of business on the"Record Date,"
which is the last business day of the month next preceding each interest payment date, and
interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class
postage prepaid, to the address of the registered owner recorded in the Security Register or by
such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and
expense of, the registered owner. If the date for the payment of the principal of or interest on the
Bonds shall be a Saturday, Sunday, a legal holiday, or a day when banking institutions in the city
where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are
authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day when banking
institutions are authorized to close; and payment on such date shall have the same force and
effect as if made on the original date payment was due. All payments of principal of, premium, if
137020090.1/1001249667 B-1
any, and interest on this Bond shall be without exchange or collection charges to the owner hereof
and in any coin or currency of the United States of America which at the time of payment is legal
tender for the payment of public and private debts.
This Bond is one of the series specified in its title issued in the aggregate principal amount
of $r 1 (herein referred to as the "Bonds") for the purpose of providing funds for (1)
permanent public improvements and public purposes, to wit: designing, acquiring, constructing,
renovating, improving, upgrading, updating, and equipping City streets, roads, and intersections,
and related curb, gutter, sidewalk, trail, drainage and utility infrastructure improvements,
demolition, repair, and rebuilding of existing streets, completing necessary or incidental utility
relocation and drainage in connection with the foregoing and the acquisition of land, easements,
rights-of-way, and other real property interests necessary therefor or incidental thereto, and (2)
payment of the costs of issuance of the Bonds, all in accordance with the authority conferred by
and in conformity with the Constitution and laws of the State of Texas, including Texas
Government Code, Chapter 1331, as amended, and pursuant to an Ordinance adopted by the
City Council of the City (herein referred to as the "Ordinance").
[The Bonds maturing on the dates hereinafter identified (the "Term Bonds") are subject to
mandatory redemption prior to maturity with funds on deposit in the Interest and Sinking Fund
established and maintained for the payment thereof in the Ordinance, and shall be redeemed in
part prior to maturity at the price of par and accrued interest thereon to the date of redemption,
and without premium, on the dates and in the principal amounts as follows:
Term Bonds due February 15, 20_ Term Bonds due February 15, 20_
Redemption Date Principal Amount Redemption Date Principal Amount
February 15, 20_ $ February 15, 20_ $
February 15, 20_ $ February 15, 20_ $
February 15, 20_ $ February 15, 20_ $
February 15, 20_ (maturity) $ February 15, 20_ (maturity) $
The particular Term Bonds to be redeemed on each redemption date shall be chosen by
lot by the Paying Agent/Registrar; provided, however, that the principal amount of Term Bonds
for a Stated Maturity required to be redeemed on a mandatory redemption date may be reduced,
at the option of the City, by the principal amount of Term Bonds of like maturity which, at least 50
days prior to a mandatory redemption date, (1) shall have been acquired by the City at a price not
exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase
thereof, and delivered to the Paying Agent/Registrar for cancellation or (2) shall have been
redeemed pursuant to the optional redemption provisions appearing below and not theretofore
credited against a mandatory redemption requirement.]
The Bonds maturing on and after February 15, 2034, may be redeemed prior to their
Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or
any integral multiple thereof(and if within a Stated Maturity by lot by the Paying Agent/Registrar),
on February 15, 2033, or on any date thereafter, at the redemption price of par, together with
accrued interest to the date of redemption.
At least thirty (30) days prior to the date fixed for any redemption of Bonds, the City shall
cause a written notice of such redemption to be sent by United States mail, first-class, postage
prepaid, to the registered owners of each Bond to be redeemed at the address shown on the
Security Register and subject to the terms and provisions relating thereto contained in the
Ordinance. If a Bond (or any portion of its principal sum) shall have been duly called for
137020090.1/1001249667 B-2
redemption and notice of such redemption duly given, then upon such redemption date such Bond
(or the portion of its principal sum to be redeemed) shall become due and payable, and interest
thereon shall cease to accrue from and after the redemption date therefor; provided moneys for
the payment of the redemption price and the interest on the principal amount to be redeemed to
the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar.
In the event a portion of the principal amount of a Bond is to be redeemed and the
registered owner is someone other than Cede & Co., payment of the redemption price of such
principal amount shall be made to the registered owner only upon presentation and surrender of
such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new
Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the
Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the
registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the
City and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee of
the registered owner within forty-five (45) days of the redemption date therefor; provided,
however, such limitation on transferability shall not be applicable to an exchange by the registered
owner of the unredeemed balance of a Bond redeemed in part.
With respect to any optional redemption of the Bonds, unless moneys sufficient to pay the
principal of and premium, if any, and interest on the Bonds to be redeemed shall have been
received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such
notice may state that such redemption is conditional upon the receipt of such moneys by the
Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction
of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not
received or such prerequisites are not satisfied, such notice shall be of no force and effect, the
City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner
in which the notice of redemption was given, to the effect that the Bonds have not been redeemed.
The Bonds are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to
the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the Paying
Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by the
acceptance hereof hereby assents, for definitions of terms; the description of and the nature and
extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the
transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or
supplemented with or without the consent of the Holders; the rights, duties, and obligations of the
City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be
discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding
thereunder; and for other terms and provisions contained therein. Capitalized terms used herein
have the meanings assigned in the Ordinance.
This Bond, subject to certain limitations contained in the Ordinance, may be transferred
on the Security Register only upon its presentation and surrender at the Designated
Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying
Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized agent.
When a transfer on the Security Register occurs, one or more new fully registered Bonds of the
same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the
same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated
transferee or transferees.
137020090.1/1001249667 B-3
The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered
owner whose name appears on the Security Register(i) on the Record Date as the owner entitled
to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to
payment of principal hereof at its Stated Maturity or upon its prior redemption, in whole or in part,
and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying
Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of
nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new
record date for such interest payment(a "Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the
City. Notice of the Special Record Date and of the scheduled payment date of the past due
interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5)
business days prior to the Special Record Date by United States mail,first-class, postage prepaid,
to the address of each Holder appearing on the Security Register at the close of business on the
last business day next preceding the date of mailing of such notice.
It is hereby certified, recited, represented and declared that the City is a body corporate
and political subdivision duly organized and legally existing under and by virtue of the Constitution
and laws of the State of Texas; that the issuance of the Bonds is duly authorized by law; that all
acts, conditions and things required to exist and be done precedent to and in the issuance of the
Bonds to render the same lawful and valid obligations of the City have been properly done, have
happened and have been performed in regular and due time, form and manner as required by
the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed
any Constitutional or statutory limitation; and that due provision has been made for the payment
of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any
provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The terms and provisions of this Bond and the Ordinance shall be construed in accordance with
and shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly
executed under the official seal of the City.
CITY OF NORTH RICHLAND HILLS, TEXAS
[Mayor][Mayor Pro Tem]
COUNTERSIGNED:
[City Secretary][Assistant City Secretary]
(CITY SEAL)
137020090.1/1001249667 B-4
(b) Form of Registration Certificate of Comptroller of Public Accounts to appear on
Initial Bond(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER )
OF PUBLIC ACCOUNTS ) REGISTER NO.
THE STATE OF TEXAS )
I HEREBY CERTIFY that this Bond has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
(c) Form of Certificate of Paying Agent/Registrar to appear on Definitive Bonds only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered under the provisions of the
within-mentioned Ordinance; the bond or bonds of the above entitled and designated series
originally delivered having been approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts, as shown by the records of the Paying
Agent/Registrar.
The designated offices of the Paying Agent/Registrar in Kansas City, Missouri, is the
"Designated Payment/Transfer Office" for this Bond.
UMB Bank, N.A., Dallas, Texas,
as Paying Agent/Registrar
Registration date:
By:
Authorized Signature
137020090.1/1001249667 B-5
(d) Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print
or typewrite name, address, and zip code of transferee):
(Social Security or other identifying number ) the within
Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
DATED:
NOTICE: The signature on this
assignment must correspond with the
Signature guaranteed: name of the registered owner as it
appears on the face of the within Bond
in every particular.
(e) The Initial Bond(s) shall be in the form set forth in subsection (a) of this Exhibit,
except that the form of the single fully registered Initial Bond shall be modified as follows:
REGISTERED REGISTERED
NO. T-1 $f 1
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS
GENERAL OBLIGATION BOND
SERIES 2023A
Bond Date: September 15, 2023
Registered Owner: r 1
Principal Amount: r 1 DOLLARS
The City of North Richland Hills, Texas (hereinafter referred to as the "City"), a body
corporate and municipal corporation in the County of Tarrant, State of Texas, for value received,
acknowledges itself indebted to and hereby promises to pay to the Registered Owner named
above, or the registered assigns thereof, the Principal Amount hereinabove stated on February 15
in each of the years and in principal installments in accordance with the following schedule:
YEAR OF STATED PRINCIPAL INTEREST
MATURITY INSTALLMENTS ($) RATE (%)
(Information to be inserted from schedule in Section 2 hereof).
137020090.1/1001249667 B-6
(or so much principal thereof as shall not have been redeemed prior to maturity) and to pay
interest on the unpaid Principal Amount hereof from the date of delivery to the initial purchasers
(anticipated to be October 19, 2023) at the per annum rates of interest specified above computed
on the basis of a 360-day year of twelve 30-day months; such interest being payable on
February 15 and August 15 in each year, commencing February 15, 2024, until maturity or earlier
redemption. Principal installments of this Bond are payable on the Stated Maturity dates or on a
redemption date to the registered owner hereof by UMB Bank, N.A., Dallas, Texas (the "Paying
Agent/Registrar'), upon its presentation and surrender at its designated offices, initially in Kansas
City, Missouri, or, with respect to a successor paying agent/registrar, at the designated office of
such successor(the "Designated Payment/Transfer Office"). Interest is payable to the registered
owner of this Bond whose name appears on the "Security Register' maintained by the Paying
Agent/Registrar at the close of business on the "Record Date," which is the last business day of
the month next preceding each interest payment date, and interest shall be paid by the Paying
Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of
the registered owner recorded in the Security Register or by such other method, acceptable to
the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner.
If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday,
a legal holiday, or a day when banking institutions in the city where the Designated
Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day which
is not such a Saturday, Sunday, legal holiday, or day when banking institutions are authorized to
close; and payment on such date shall have the same force and effect as if made on the original
date payment was due. All payments of principal of, premium, if any, and interest on this Bond
shall be without exchange or collection charges to the owner hereof and in any coin or currency
of the United States of America which at the time of payment is legal tender for the payment of
public and private debts.
137020090.1/1001249667 B-7
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NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Consider Reimbursement Resolution No. 2023-076 for projects
included in the Fiscal Year 2023/2024 Capital Projects Budget in an
amount not to exceed $9,550,000.
PRESENTER: Mark C. Mills, Director of Finance
SUMMARY:
In preparation for work to begin on projects included in the Fiscal Year 2023/2024 Capital
Projects Budget, funded through the issuance of Certificates of Obligation ("CO's"), staff
requests that City Council consider the passage of a reimbursement resolution.
GENERAL DESCRIPTION:
After the adoption of the fiscal year 2023/2024 ("FY24") Capital Projects Budget, staff
requests that Council consider the adoption of a reimbursement resolution. This
resolution will allow the City to begin work by providing a mechanism through which
project expenditures incurred can be reimbursed through the future issuance of debt,
including General Obligation Bonds ("GO's") or Certificates of Obligation ("CO's").
The reimbursement resolution itself does not authorize the issuance of debt; it only
stipulates that any expenses made before the debt issuance is complete may be
reimbursed with the issuance proceeds. Any interim funding required will be appropriated
from existing reserves and will be repaid upon receipt of future CO proceeds. The process
of issuing the associated CO's is expected to occur in May 2024, after the release of the
Annual Comprehensive Financial Report ("ACFR").
A reimbursement resolution authorizes the City to reimburse expenditures with the
proceeds of future debt. The Council typically passes at least one reimbursement
resolution each year in anticipation of a planned sale of GO's or CO's. The last such
resolution was passed June 26, 2023.
The reimbursement resolution prepared for Council approval includes the projects
contained in the following table:
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NOKTH KICHLAN HILLS
® m
WP2305 Aquatic Green Extreme Replacement $5,400,000
FC2404 Facilities FD/PD Training &Station #5 Roof&Window Replacement $555,000
FC2407 Facilities Station#4 Roof Replacement 255,000
FS2405 Fleet Crew Cab Dump Truck 205,000
FS2407 Fleet Brush Truck(Fire) 215,000
FS2408 Fleet Ambulance 320,000
IT2410 Info Tech Technology Upgrades 1,180,000
IT2405 Info Tech Network Equipment 1,300,000
« 0 see
Estimated Issuance Cost $120,000
° I see
It should be noted that Resolution 2023-057 —the reimbursement resolution approved on
June 26, 2023 — included funding for the Green Extreme. Upon the advice of bond
counsel, it was deemed appropriate to include the Green Extreme in this resolution as
well, in order to improve the documentation trail of the projects associated with the
proposed 2024 CO issuance.
RECOMMENDATION:
Approve Reimbursement Resolution No. 2023-076 projects included in the Fiscal Year
2023/2024 Capital Projects Budget in an amount not to exceed $9,550,000.
RESOLUTION NO. 2023-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, AUTHORIZING REIMBURSEMENT
OF CAPITAL EXPENDITURES WITH RESPECT TO PROCEEDS
OF DEBT HEREAFTER TO BE INCURRED.
WHEREAS, the City of North Richland Hills, Texas (the "Issuer") intends to issue
debt, in one or more series, for(i) acquiring, constructing, renovating,
and equipping municipal parks and recreation facilities that are
generally accessible to the public and are a part of the municipal park
system, and the acquisition of land, easements, rights-of-way, and
other real property interests necessary therefor, (ii) constructing,
renovating, and improving existing city public safety facilities,
including fire stations and the Public Safety Training Center, (iii) the
acquisition of fleet vehicles and equipment for the fire/emergency
services department and public works department, (iv) purchasing
and/or acquiring materials, equipment and machinery related to the
City's information technology systems, and (v) professional services
rendered in relation to such projects and the financing thereof
(collectively such purposes are referred to herein as the "Project");
and
WHEREAS, the Issuer further intends to make certain capital expenditures with
respect to the Project and currently desires and expects to reimburse
capital expenditures with proceeds of such debt; and
WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such
reimbursement with proceeds of tax-exempt obligations, the Issuer
must declare its expectation to make such reimbursement; and
WHEREAS, the Issuer desires to preserve its ability to reimburse the capital
expenditures with proceeds of tax-exempt obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS THAT:
SECTION 1. The Recitals set forth above in this Resolution are found to be true
and accurate and are hereby incorporated into this Resolution for all
purposes.
SECTION 2. The Issuer reasonably expects to reimburse capital expenditures
with respect to the Project as described in Exhibit A with proceeds of
debt hereafter to be incurred by the Issuer and that this Resolution
shall constitute a declaration of official intent under the Regulation.
Resolution No. 2023-076
Page 1 of 3
The maximum principal amount of obligations expected to be issued
for the Project is $9,550,000.
AND SO IT IS RESOLVED.
PASSED AND APPROVED this the 25t" day of September, 2023.
CITY OF NORTH RICHLAND HILLS,
TEXAS
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary / Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mark C. Mills, Director of Finance
Resolution No. 2023-076
Page 2 of 3
EXHIBIT A
PROJECTS INCLUDED IN REIMBURSEMENT RESOLUTION
(collectively, the "Project')
MISSION
WP2305 Aquatic Green Extreme Replacement $5,400,000
FC2404 Facilities FD/PD Training&Station#5 Roof&Window Replacement $555,000
FC2407 Facilities Station#4 Roof Replacement 255,000
FS2405 Fleet Crew Cab Dump Truck 205,000
FS2407 Fleet Bruch Truck(Fire) 215,000
FS2408 Fleet Ambulance 320,000
IT2410 Info Tech Technology Upgrades 1,180,000
IT2405 Info Tech Network Equipment 1,300,000
® r®®
Estimated Issuance Cost $120,000
® r®®
Resolution No. 2023-076
Page 3 of 3
I"R
NORTH KICHLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
SUBJECT: Approve Resolution No. 2023-075, nominating one or more
individuals as a candidate for the Tarrant Appraisal District Board
of Directors.
PRESENTER: Mark Hindman, City Manager
SUMMARY:
The City Council is asked to consider the nomination of one or more individuals as a
candidate for the Tarrant Appraisal District Board of Directors.
GENERAL DESCRIPTION:
North Richland Hills has been notified that the terms of service for the five members of
the Tarrant Appraisal District (TAD) Board of Directors ("Board") will expire on December
31, 2023. Later this year, there will be an election to select the next Board. For this
election, North Richland Hills will be provided with a specified number of votes. The exact
number of votes will be provided to the City of North Richland Hills by TAD on September
29, 2023. Last year the City was allocated 35 of the 5,005 total votes. We anticipate the
number of votes will remain approximately the same.
The first step in electing a new board is the nomination of candidates. Each voting unit
may nominate one candidate for each of the five positions to be filled. The nominations
must be made in an open meeting of the City Council and submitted to the Chief Appraiser
in the form of a resolution before October 15, 2023. The nominations provided to the Chief
Appraiser should include each nominee's name, address, and a current resume. To be
eligible to serve as a director, the nominees must have resided in Tarrant County for at
least two years immediately preceding January 1, 2024.
The Property Tax Code provides the following individuals are ineligible to serve as voting
members of the Board:
• An employee of TAD during the preceding three years;
• An individual who served as a voting member of the Board for all or part of five
terms;
• An individual who is an employee of a taxing unit that participates in TAD unless
the individual is also a member of the governing body or an elected official of a
taxing unit that participates in the District;
• An individual who, directly or through a business entity has a substantial interest,
is a party to a contract with TAD or a taxing unit that participates in the District, if
the contract relates to the performance of any activity governed by the Property
Tax Code;
I"R
NORTH KICHLAND HILLS
• An individual who has engaged in the business of appraising property for
compensation for use in proceedings under the Property Tax Code at any time
during the preceding three years;
• An individual who has engaged in the business of representing property owners
for compensation in proceedings under the Property Tax Code in Tarrant County
at any time during the preceding three years;
• An individual who is related by blood or marriage to an individual who is engaged
in the business of appraising property for compensation for use in proceedings
under the Property Tax Code or of representing property owners for compensation
in proceedings under the Property Tax Code in Tarrant County, if the relationship
is within the 1st or 2nd degrees;
1 st Degree 2nd Degree 3rd Degree
By Consanguinity By Consanguinity By Consanguinity
Parents Grandparents Great grandparents
Children Grandchildren Great grandchildren
Brothers & sisters Nieces & nephew
Aunts & uncles
By Affinity By Affinity By Affinity
Spouses of relatives Spouses of relatives listed
listed under first degree under second degree
consanguinity consanguinity No prohibitions
Spouses parents Spouses grandparents
Spouses children Spouse's grandchildren
Stepparents Spouse's brothers & sisters
Stepchildren
• An individual who owns property on which delinquent taxes have been owed to a
taxing unit for more than 60 days after the date the individual knew or should have
known of the delinquency unless the delinquent taxes, penalty, and interest are
being paid under an installment plan or a suit to collect the delinquent taxes is
deferred or abated.
Once the nomination process is completed, the city will receive a ballot listing the
nominees by October 30, 2023. The City Council will then have until December15, 2023
to cast its votes by resolution and submit to the Chief Appraiser. The five nominees
receiving the highest vote total will be elected and take office for a two-year term
beginning January 1, 2024.
Council member Tito Rodriguez has recommended that the City nominate Vince Puente,
Sr. The City can nominate a total of five (5) individuals to serve on the Board of Directors.
Staff seeks direction from the City Council regarding any desired nominations to the
Tarrant Appraisal District Board of Directors.
I"R
NORTH KICHLAND HILLS
RECOMMENDATION:
Approve Resolution No. 2023-075, nominating one or more individuals as a candidate for
the Tarrant Appraisal District Board of Directors, as discussed.
RESOLUTION NO. 2023-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS NOMINATING ONE OR MORE
INDIVIDUALS AS CANDIDATES FOR THE TARRANT
APPRAISAL DISTRICT BOARD OF DIRECTORS
WHEREAS, the term of service for the five member Tarrant Appraisal District Board of
Directors will end on December 31, 2023; and
WHEREAS, an election to select the new Board of Directors will be conducted October
307 2023 through December 15, 2023; and
WHEREAS, each taxing unit within the district may nominate one candidate for each of
the five positions to be placed on the ballot for consideration during said
election; and.
WHEREAS, Council member Rodriguez recommends the City nominate Vince Puente,
Sr. as a candidate to be placed on the ballot.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and
incorporated herein as though set forth in full herein.
SECTION 2. The North Richland Hills City Council nominates the following for
consideration on the ballot of the Tarrant Appraisal District Board of
Directors election to be held on October 30, 2023 through December 15,
2023.
1.
2.
3.
4.
5.
SECTION 3. This Resolution shall be effective from and after its passage.
PASSED AND APPROVED on this 25t" day of September, 2023.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
Resolution No. 2023-075
Page 1 of 2
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mark Hindman, City Manager
Resolution No. 2023-075
Page 2 of 2
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NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City DATE: September 25, 2023
Manager
SUBJECT: Authorize the purchase of additional firefighting personal protective
equipment using an existing purchasing agreement awarded to
Casco Industries, Inc., through RFP 20-026 in the total collective
purchase amount of$119,673.96.
PRESENTER: Stan Tinney, Fire Chief
SUMMARY:
Authorize the purchase of additional personal protective equipment for the fire
department using an existing purchasing agreement awarded to Casco Industries, Inc.,
through RFP 20-026 in the total collective purchase amount of$119,673.96
GENERAL DESCRIPTION:
The City of North Richland Hills utilizes a City of North Richland Hills purchasing
agreement (RFP 20-026) with Casco Industries, Inc., to purchase personal protective
equipment (PPE) and other firefighting equipment. PPE is used to protect firefighters
during structural firefighting as well as additional hazardous exposures while responding
to medical calls or other calls for service. The purchase of this equipment will replace
aging gear nearing the end of its service life.
The Fire Department is requesting authorization to purchase PPE in the amount of
$28,554.00. The proposed purchase will require City Council's approval because the
collective expenditures under the contract exceed $50,000 totaling $119,673.96.
RECOMMENDATION:
Authorize the purchase of additional firefighting personal protective equipment using an
existing purchasing agreement awarded to Casco Industries, Inc., through RFP 20-026
in the total collective purchase amount of$119,673.96.
ORIGINAL DOCUMENT
20-026
Request for Proposal
Project Title:
Firefighting clothes/ bunker gear
Submitted to:
City of North Richland Hills
4301 City Point Drive
North Richland Hills, TX 76180
Prepared by:
CASCO INDUSTRIES INC.
1517 W. CARRIER PKWY
GRAND PRAIRIE, TX 75050
August 17th, 2020
SUMMARY
Casco Industries Inc. is pleased to submit a proposal to provide and service the North
Richland Hills Fire Department with clothing and bunker gear specific to firefighting operations.
Our intent is to provide the City of North Richland Hills and its Fire Service professionals with
MSA Globe Boots, Helmets, Coats, and Pants that have long been products with sustained
durability due to the quality construction known in the fire industry.This also includes products
from PGI and Veridian all of which meet the Scope of Work as specified within the RFP. All
products listed on page 55 of the RFP meet the specifications with NO EXCEPTIONS.
Casco is a family owned business and have provided protection for those who protect
us for over 67 years. Our headquarters is located in Shreveport, Louisiana and our Company
now serves seven states with a sales and service center located in the City of Grand Prairie,
Texas. Your local sales and service team are second to none as it relates to customer service in
the Metroplex. All sales and service of the products listed will be carried out locally from the
Grand Prairie Office as has been in the past number of years.
Casco will only offer products that fully meet NFPA standards to ensure the safety of all
North Richland Hills Fire Rescue Personnel. We are prepared to complete all appropriate
responses for this RFP and will supply all the necessary literature for the products offered. We
are fully prepared to provide all products, service, and personnel training if needed as it relates
to the products offered throughout the entire contract. With the exception of the Coat and
Pant, all other products are in stock at our Grand Prairie Warehouse. The Coat and Pant has a
50 to 70 day-lead time.
We, at CASCO appreciate the opportunity to submit this proposal. All required
documents are located with the RFP. It is our goal to sustain the level of customer service you
have come to know and experience in the past. We look forward to continued business with the
City of North Richland Hills and the North Richland Hills Fire Department.
Jessie Gentry
cyw��11_v�
Sales Manager
Casco Industries, Inc
N O &T H RICHLAND HILLS
1*44 it m
THE CITY OF CHOICE
PURCHASING DEPARTMENT
REQUEST FOR PROPOSAL
20-026 FIRE FIGHTING
CLOTHES/BUNKER
BIDS DUE THURSDAY, AUGUST 13, 2020
Y 11:00 A.M.
Contents
INVITATIONTO BID................................................................................................................... 3
GENERALCONDITIONS ............................................................................................................4
INSURANCE REQUIREMENTS................................................................................................ 10
NON-COLLUSION AFFIDAVIT OF BIDDER.......................................................................... 11
BIDCERTIFICATION ................................................................................................................ 12
COMPLIANCE WITH HOUSE BILL 1295................................................................................ 13
FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY................................................ 14
CONFLICT OF INTEREST QUESTIONNAIRE........................................................................ 15
SPECIFICATIONS..........................................................................................18
2
INVITATION TO BID
The City of North Richland Hills is accepting sealed bids from all interested parties for:
➢ Bid Number: 20-026
➢ Bid Type: REQUEST FOR PROPOSAL
➢ Bid Name: FIRE FIGHTING CLOTHES/BUNKER GEAR
➢ Bid Due Date: Thursday, August 13, 2020
➢ Bid Due Time: 11:00 A.M. Central Standard Time
➢ Deadline for questions:
Date: Friday,August 07, 2020
Time: 12:00 P.M. Central Standard Time
DOCUMENTS MUST BE SUBMITTED ELECTRONICALLY VIA:
www.publicpurchase.com
No oral explanation in regards to the meaning of the specifications will be made,and no oral instructions
will be given before the award of the contract. Requests from interested vendors for additional
information or interpretation of the information 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 on Public
Purchase. All addendums will also be posted to Public Purchase. It will be the vendor's responsibility
to check all information related to this bid on Public Purchase before submitting a response.
The City of North Richland Hills reserves the right to reject in part or in whole all bids submitted, and
to waive any technicalities for the best interest of the City of North Richland Hills.
3
GENERAL CONDITIONS
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 the 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.
1. BID TIME
It shall be the responsibility of each Bidder to ensure his/her bid are submitted to the Public
Purchase website on or before 11:00 A.M. Thursday,August 13,2020. The official time shall
be determined by the Public Purchase Website. The Public Purchase Website will NOT allow
bid responses to be uploaded after the closing time.
All attached bid documents are to be returned completely filled out, totaled, and signed. The
City of North Richland Hills will not accept any bid documents other than the attached.
2. WITHDRAWING BIDS/PROPOSALS/QUOTES
Bids may be withdrawn at any time prior to the official opening; request for non-consideration
of bids must be made in writing to the Purchasing Manager and received prior to the time set for
opening bids. The bidder warrants and guarantees that his/her bid has been carefully reviewed
and checked and that it is in all things true 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) days
following the date designated for the receipt of bids.
3. IRREGULAR BIDS/PROPOSALS/QUOTES
Bids will be considered irregular if they show any omissions, alterations of form, additions, or
conditions not called for,unauthorized alternate bids, or irregularities of any kind. However,the
City of North Richland Hills reserves the right to waive any irregularities and to make the award
in the best interest of the City.
4. REJECTION/DISQUALIFICATION
Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the
specific reasons listed below:
a) Bid received after the time set for receiving bids as stated in the advertisement;
b) Reason for believing collusion exists among the Bidders;
c) Bid containing unbalanced value of any item; bid offering used or reconditioned
equipment;
d) Where the bidder, sub-contractor or supplier is in litigation with the City of 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;
f) Lack of competency as revealed by reference checks,financial statement, experience and
equipment, questionnaires, or qualification statement;
4
g) Bid containing special conditions, clauses, alterations, items not called for or
irregularities of any kind, which in the Owner's opinion may disqualify the Bidder.
However, the City of North Richland Hills reserves the right to waive any irregularities and to
make the award in the best interest of the City of North Richland Hills.
5. 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 Local
Government Code, 252.043). 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;
j) 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
made until after investigations are made as to the responsibilities of the best bidder.
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
The successful bidder may not assign his/her rights and duties under an award without the written
consent of the North Richland Hills City Manager. Such consent shall not relieve the assignor of
liability in the event of default by his assignee.
S. SUBSTITUTIONS/EXCEPTIONS
Exceptions/variations from the specifications may be acceptable provided such variations, in
each instance, is noted and fully explained in writing and submitted with bid. NO substitutions
or changes in the specifications shall be permitted after award of bid without prior written
approval by the Purchasing Manager.
9. DELIVERY/ACCEPTANCE
5
The delivery date is an important factor of this bid and shall be considered during the evaluation
process. The City considers delivery time the period elapsing from 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 time 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
request replacement of defective 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.
11. 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, not 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 offering 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 name 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 indicates in his/her bid that he is
offering an "equal" product, his bid shall be considered as offering the brand name product
referenced in the invitation for bids.
14. REFERENCES
A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex,
must be submitted with each bid. Company name, contact and phone number must be included
with each reference.
6
15. PROHIBITION AGAINST 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).
16. TERMINATION/NON PERFORMANCE
Continuing non-performance of the vendor in terms of Specifications shall be a basis for 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 terminate the contract immediately in the event the successful bidder fails to 1.) 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 fees for any matter arising under this
contract, whether for additional work, breach of contract, or other claim for 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 or 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 from 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.
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,however,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
7
INDUSTRIES, INC.
August 11, 2020
NRH CONTRACT 20-026
REFERENCES
1. Fort Worth Fire Department
Contact: Alex Arnold
Number: 817-392-3452
EMAIL: Alex.Arnold(a�_fortworthtexas.gov
2. Grand Prairie Fire Department
Contact: Randy Overton
Number: 972-237-8304
EMAIL: roverton GPTX.org
3. Carrollton Fire Department
Contact: Bill White
Number: 469-491-7470
EMAIL: william.white cD-cityofcarrollton.com
4. Richardson Fire Department
Contact: Allan Journey
Number: 972-744-5704
EMAIL: allan.journey(a.cor.gov
5. Dallas Fire Department
Contact: Greg Henderson
Number: 214-243-1190
EMAIL: Gregory.henderson(aD_dallascityhall.com
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 damage.
The Contractor will secure and maintain Contractual Liability insurance to cover this
indemnification agreement that will be primary and noncontributory as to any insurance
maintained by the City for its own benefit, including self-insurance.
19. INTERLOCAL 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.
[ Yes, we agree [ ] No, we do not agree
20. ELECTRONIC PROCUREMENT
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 procurement requests.
However, a bid that is submitted non-electronically by the due date and time will be accepted and
then entered electronically by Purchasing after the bid opening.
21. COMPLIANCE WITH SB 89:
Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter
2270 of the Texas 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.
[ ] Yes,we agree [ ] No, we do not agree
22. COMPLIANCE WITH SB 252:
Vendor agrees per SB 252 of the 85t"Texas Legislative Session, and in accordance with Chapter
2252 of the Texas Government Code, vendor shall not do business with Iran, Sudan or a foreign
terrorist organization while providing products or services to the City of North Richland Hills.
[ ] 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 2252.154
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.
23. ETHICS AND COMPLIANCE POLICY
The City's Ethics and Compliance Policy can be found at The City of North Richland Hills
Purchasing Division webpage - Or you may request a copy from the Purchasing Division.
Acknowledgment- The City of North Richland Hills' Internal Ethics and Compliance Policy has
8
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.
https://www.nrhtx.com/DocumentCenterNiew/389/Code-of-Ethics---PDF?bidld
[X] I agree
[ ] I do not agree
24. DEPARTMENT OF TRANSPORTATION (TXDOT) RELATED BIDS
"The City of North Richland Hills, in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby
notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to
submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, or national origin in consideration for an award." Due care and diligence has been
used in preparation of this information, and it is believed to be substantially correct. However,the
responsibility for determining the full extent of the exposure and the verification of all information
presented herein shall rest solely with the bidder. The City of North Richland Hills and its
representatives will not be responsible for any errors or omissions in these specifications, nor for
the failure on the part of the proposer to determine the full extent of the exposures.
9
INSURANCE REQUIREMENTS
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 or that the
subcontractors are included under the contractor's policy. The City, at its own discretion, may require
a certified copy of the policy.
All insurance companies and coverages must be authorized by the Texas Department of
Insurance to transact business in the State of Texas and must be acceptable to the City of North
Richland Hills.
Listed below are the types and amounts 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
1. Commercial General Liability to $1,000,000 each occurrence, City to be listed as additional
include coverage for: $1,000,000 general aggregate; insured and provided 30 day-notice
a) Premises/Operations of cancellation or material change
b) Products/Completed Or in coverage
Operations
c) Independent Contractors $1,000,000 combined single limits City prefers that insurer be rated
d) Personal Injury B+V 1 or higher by A.M.Best or A
e) Contractual Liability or higher by Standard&Poor's
f) Personal/Advertising Injury
g) Medial Expense
h) Fire Legal Liability
i) Underground Hazard
j) Explosion/Collapse Hazard
k) Patent Infringement
1 Copyright Law Violations
2. Consultants,architects,engineers, $500,000 Professional Liability
Landscape design specialist,other with proof that aggregate is still
professional services available.
3.Workers'Compensation& Statutory Limits Alternate employer endorsement
Employers'Liability $500,000 each accident required
4. Comprehensive Automobile $500,000 Combined single limit
Liability Insurance,including for bodily injury and property
coverage for loading and unloading damage
hazards,for
a) Owned/Leased Vehicles
b) Non-Owned Vehicles
c Hired Vehicles
A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE.
10
AC40RO CERTIFICATE OF LIABILITY INSURANCE DA8/6/DDNY Y)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT; If the certificate holder is an ADDITIONAL INSURED,the poiicy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER NAME: Julie Martin
The Cashion Company PHONE (501)376-0716 AIC No; Iso1137s-s11e
P.O. Box 550 E-MAIL ADDRESS; juliem@cashionco.com
INSURER(S)AFFORDING COVERAGE NAIC#
Little Rock AR 72203 INSURERA:Twin City Fire Insurance Co. 29459
INSURED INSURERS:Continental Casualty Co. 20443.
Casco Industries, Inc. INSURERC:Stonetrust Commercial Ins. Co. 11042
P. O. BOX 8007 INSURERD:LM Insurance Corporation 33600
INSURER E:
Shreveport LA 71148-8007 INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP
LTRPOLICY NUMBER / LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE g 1,000,000
DAMAGE TO RENTED
A CLAIMS-MADE X OCCUR p I o rr $ 300,000
X Incl Contractual X Y 38 CES OF8460 2/1/2020 2/1/2021 MED EXP(Any oneperson) S 10,000
X XCU Incl PERSONAL&ADV INJURY g 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER; I GENERAL AGGREGATE S 2,000,000
X JECT LOC 2,000,000POLICY aPRO-
OTHER, $.
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
B Ix
ANYAUTO BODILY INJURY(Per person) S
ALL OWNEDSCHEDULED BUA6079946573 2/1/2020 2/1/2021 BODILY INJURY Per accident) $
AUTOS AUTOS X Y l
NON-OWNED PROPERTY DAMAGE
HIREDAUTOS X AUTOS r n $
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB HCLAIMS-MADE AGGREGATE $
DIED I I RETENTION S $
WORKERS COMPENSATION X PSTEITITF
OTH
AND EMPLOYERS'LIABILITY Y/N -
ANY PROPRIETOR/PARTNER/EXECUTIVE E. EACH ACCIDENT $ 1,000,000
C OFFICER/MEMBER EXCLUDED? N❑ N f A L.
(Mandatory in NH) N 0094017 2/1/2020 2/1/2021 E.L.DISEASE-EA EMPLOYEE S 11000,000
It yes,describe under
DESCRIPTION OF OPERATIONS babe ALL STATCe HUT ice E.L.DISEASE-POLICY LIMIT $ 1,000,000
D Workers Compensation WC5-39S-736030-010 2/1/2020 2/1/2021 E.L.EACH ACCIDENTIEMPLOYEE $1,000,000
STATE OF KANSAS ONLY E.L.DISEASE•POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached 11 more space Is required)
See Attached Comments/Remarks Section
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of North Richland hills THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
P. O. Box 820609 ACCORDANCE WITH THE POLICY PROVISIONS.
North Richland Hill, TX 76182-0609
AUTHORIZED REPRESENTATIVE
Jim Allbritton/CLPOOIGyc� J �
01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD
INS026(2014D1)
COMMENTS/REMARKS
CASCO INDUSTRIES, INC.
ENDORSED ADDITTONAI. INSURED:
If required by written contract, certificate holder is included as an additional .insured
on a primary and noncontributory basis.
("X" denotes coverage. )
ENDORSED WAIVER OF SUBROGATION:
If required by written contract, waiver of subrogation applies in favor of certificate
holder.
("Y" denotes coverage. )
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
N0N-('()1AJJS IC: NA FFA DA VITOF 1.11 R
State of
County of.__
verifies that:
(Name)
(1) (0/'She is owner,partner, officer, representative, or agent of
has submitted the attached
bid: (Company Name)
(2) He/She is fully informed in respect to the preparation, contents and circumstances in
regard to attached bid;
(3) Neither said bidder not-any of its officers, partners, agents or employees has in any way
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 fiiir and proper.
SIGm T�UR E
PRINTED NAME
Subscribed and sworn to before tile this
Day of j4.1k G+ 2020. CYNTHIA HENWOOD
Notary Public,State of Texas
Comm. Vxplres 05-20-2024
Notary ID 2226336
RY PUBLIC to and for
County, Texas.
My commission expires:
THIS FORM MUST BE COMPLETED, NOTARIZED AND SUBMITTED WITH BID
Ii1I1 C'IA011,ICaiTION
The Undersigned, in submitting this bid, represents and certifies:
a. He/she is fully informed regarding the preparation, contents and circumstances of the attached
bid;
b. He/she proposes to furnish all equipment/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. He/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 Hills of�the bidder's offer by issuance of a purchase order will create
a binding contract. Further, he/she agrees to fully comply with documentary forms herewith
made a part of this specific procurement.
COMPANY: /4
C.r�S C c� ....L ntsJ t1.S''7""lL✓�:�_� G.h.>c°..
ADDRESS: / /'/ Ly' [?A4484r1?4 /01v-tv
CITY, STATE& ZIP: ', F � ,^ �•r��- "i,� 7a?.�v
TELEPHONE: `/Z?-J-22.--d�0
FAXr--' '�`�- 91T;
EMAIL:
SIGNATURE:
PRINTED NAME:
DATE:
12
COINIPLIANC11' NN"I'VII HOUSE BILL 1295
In 2015, the Texas Legislature adopted Hoiise Bill 1295, which added section 2252,908 of the
Government Code, The law states that a governmental entity may 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 $1 million. The disclosure requirement applies to a contract entered into on or after January 1,
2016,
The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the
disclosure of interested parties form, and posted a copy of the form on the commission's website.
Filing Process:
The commission has made available on its website a new filing application that must be used to file
Form 1295. A business entity must:
I) 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 Title.
4) Sign the printed copy of the forin (an authorized agent of the business entity must sign),
5) Either include your personal information or have the form notarized,
6) File the completed Form 1295 with the certification of filing with the governmental body with
which the business entity is entering into the contract.
The governmental entity must notify the commission, 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 binds 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 how to use the filing application may be found at
info lbri7I295.1itm,
13
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
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. 2020-655040
Casco Industries, Inc.
Grand Prairie,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 08/10/2020
being filed.
North Richland Hills City of 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.
20-026
Fire Fighting Clothes/Bunker Gear
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
e ,
My name is J�r®Sli C- 1y 1 �` and my date of birth is
My address is 41 /7 &/d1A/4WdX &44t /I B > �1 AAo!',r as
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct. r�
Executed in 1��3-list County, State of ,l on the jq6ay of 20
onth) (year)
SigV of authorized agent of contracting bu entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d
1,OR DISADVANTAGED BUSINESS C; N"1'E'RP12ISLS ONJ,1'
Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of North
Richland Hills bid process. Representatives from DBE Companies should identify themselves as
such and submit a copy of their Certification.
The City of North Richland Hills recognizes the certifications of both 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 O Box 13186,Austin,TX 78711-3186
(512)463-5872
lit_ t1a://www.window.state.tx.us/pro;qrement/pt()(YLIIL]blhLib ce.rtit-ication/
North Central Texas
Regional Certification Agency
624 Six Flags Drive, Suite 216
Arlington,Texas 76011
(817)640-0606
h :d1«r��=Yap.«ctrca.c>�`Yii;crti#icatic�t�.ht��l
If your company is already certified,attach a copy of your certification to this form and return
as part of your packet.
Company Names:
Representative: ,�)
Address: lyh4
City, State, Zip: A 1
Telephone No. Fax No.
Email address: tjrr
INDICATE ALL THAT APPLY:
Minority-Owned Business Enterprise
Women-Owned Business Enterprise
Disadvantaged Business Enterprise
14
CONFLICT OF INTEREST QUESTIONNAIRE
Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who
contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of
North Richland Hills must file a completed conflict of interest questionnaire. The conflict of interest
questionnaire must be filed with the City Secretary of the City of North Richland Hills no later than the
seventh business day after the person or agent begins contract discussions or negotiations with the City
of North Richland Hills or submits to the City of North Richland Hills an application, response to a
request for proposal or bid, correspondence,or another writing related to a potential agreement with the
City of North Richland Hills. An updated conflict of interest questionnaire must be filed in accordance
with Chapter 176 of the Local Government Code. An offense under Chapter 176 is a Class C
misdemeanor.
The Conflict of Interest Questionnaire is included as part of this document and can be found at:
https://www.ethics.state.tx.us/forms/CIQ.pdf
15
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by N.B.23,84th Log.,Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Rece ved
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 176,008,Local Government Code.An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2 Z- e—
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 about whom the information is being disclosed,
/L///)
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 IS 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?
Fl Yes 1:9 No
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?
Fl Yes Q°'No
S Describe each employment or business relationship that the vendor named in Section i maintalns 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.
e
ElCheck this box If the vendor has given the local government officer or a family member of the offioer one or more gifts
as described in Section 176,003(a)(2)(B),excluding gifts described In Section 176.003(a-1).
7
Signature ve or doing business with e„gov ent entty Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
1b
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.stale.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form.
Local Government Code§176.0010-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code S 176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if;
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
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SPECIAL TERMS AND CONDITIONS
City of North Richland Hills has the lead role in developing and encouraging Cooperative Purchasing
efforts among the governmental entities that are listed on the next page; therefore it would be in the
vendor's best interest to help City of North Richland Hills facilitate this cooperative effort. A "NO"
answer could result in complete resection of bid.
Should other Governmental Entities decide to participate in this contract,would you,the Vendor, agree
that all terms, conditions, specifications, and pricing would apply?
Yes No
If you, the Bidder, checked yes, the following will apply:
Governmental Entities utilizing Inter-Governmental Contracts with City of North Richland Hills will
be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result
of this solicitation. All purchases by Governmental Entities other than City of North Richland Hills will
be billed directly to that Governmental Entity and paid by that Governmental Entity. City of North
Richland Hills will not be responsible for another Governmental Entity's debts. Each Governmental
Entity will order their own material/services as needed.
Delivery to governmental entities located within Tarrant County will be at no charge or as otherwise
provided for in the Award Document.Delivery charges,if any,for governmental entities located outside
City of North Richland Hills shall be negotiated between the successful bidder and each governmental
entity.
Vendor(s) awarded contract(s) resulting from Request for Proposal (RFP) shall be responsible for
providing to City of North Richland Hills, at no additional charge, a complete list of all governmental
entities currently utilizing the contract and their annual expenditures. This information shall be provided
ninety days prior to the expiration of the contract, or as otherwise requested by City of North Richland
Hills. Failure to provide the requested information when requested could delay the renewal process.
Evaluation Criteria shall include,but is not limited to the following:
a. Unit Price
b. Delivery
c. Vendor's past performance record with City of North Richland Hills
d. City of North Richland Hills evaluation of vendor's ability to perform
e. City of North Richland Hills experience with products bid
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f. Special needs and requirements of City of North Richland Hills
g. Vendor's agreement to extend pricing under this contract to other governmental entities
h. Results of testing samples (if needed)
Duration of Agreement and Price Adjustments
Pricing shall be based on a twelve (12) month agreement effective the date of award. At the City's
option,the agreement may be renewed for four(4)additional twelve(12)month periods.The Contractor
shall submit the renewal proposal with price changes and justification to the Purchasing Department at
least sixty (60) days before the expiration of the current agreement. Increase in contract pricing shall
not exceed the consumer price index of the Dallas/Fort Worth standard metropolitan statistical for the
previous twelve (12)month period or 5%, whichever is smaller. Renewal shall be at the sole discretion
of the City of North Richland Hills department utilizing the contract.
Unless otherwise amended in writing and endorsed by both parties prior to the beginning of each
respective renewal period, all terms and conditions of the Contract shall remain in full force and effect
with the only change being in the Contract term.
Any catalog, brand name or manufacturer's reference used is considered to be descriptive not
restrictive—and is indicative of the type and quality the City of North Richland Hills desires to purchase.
Bids on similar items of like quality will be considered if the bid is noted and fully descriptive brochures
are enclosed. If notation of substitution is not made, it is assumed vendor is bidding item specified.
Successful vendor will not be allowed to make unauthorized substitutions after award.
Samples for testing may be required for evaluation. Samples will be free to the City of North Richland
Hills. Failure to provide samples will be justification for bid rejection. City of North Richland Hills
reserves the right to determine equals.
Samples must be the same product as that bid.
Entities Currently Participating in Cooperative Purchasing Program with City of North
Richland Hills
City of Allen City of Lewisville
City of Bedford City of Live Oak
City of Baytown City of Kennedale
City of Cedar Hill City of Mercedes
City of China Gove City of Midlothian
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City of Cleburne City of Richland
City of College Station City of Richardson
City of Colleyville City of Rowlett
City of Colony City of Royse
City of Copperas Cove City of Southlake
City of Denison City of Taylor
City of Ennis City of Temple
City of Euless City of Weatherford
City of Forest Hill City of Westlake
City of Fort Worth City of Watauga
City of Frisco Birdville ISD
City of Garland Mansfield ISD
City of Georgetown Collin County
City of Grand Prairie Harris County Department of Education
City of Grapevine Johnson County ESD#1
City of Haltom City Parker County Emergency Service District#1
City of Highland Village Tarrant County
City of Hudson Oak Town of Addison
City of Hurst Town of Argyle
City of Irving Town of Bartonville
City of Keller Town of Double Oak
City of Lake Worth Town of Highland Park
Anticipated Usage: While purchases vary from year to year,listed below are the amounts this contract
generated with our previous vendor over a 12 month period in 2019.
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Globe Gear(pants, coat, suspenders and boots (2019): $1,268,321
Cairns Helmets (2019): $326,852Techtrade
Gloves (2019):$ 87,190
Other governmental entities have indicated that they desire to participate in City of North Richland
Hill's bid for Fire Fighting Clothes/Bunker Gear. Other entities will have the option to join. Pricing on
the Bid Proposal Forms should consider this additional usage and the potential usage from other
governmental entities.
ENTITIES
City of North Richland Hills City of Roanoke
City of Cleburne City of Rowlette
City of Cedar Hill City of Royse
City of Grand Prairie City of Taylor
City of Haltom City City of Weatherford
City of Hurst City of Westlake
City of Keller Town of Addison
City of Midlothian Town of Argyle
City of Richardson
Order Placement:
A. Orders will be placed by telephone or email, requesting:
1. Specific delivery dates and sites
2. Purchase order number will be provided at that time.
B. City of North Richland Hills contract information will be provided to the Successful vendor
SPECIFICATIONS
The following description is intended to clarify the nature of the work required for purchase of Fire
Fighting Clothes/Bunker Gear as the minimum requirements acceptable for the Fire Fighting
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Clothes/Bunker Gear. The provisions of these specifications shall apply except as otherwise noted
herein.
SCOPE
This specification details design and materials criteria to afford protection to the upper and lower body,
excluding head, hands, feet, against adverse environmental effects during structural firefighting. All
materials and construction will meet or exceed the most current NFPA Standard#1971 and OSHA for
structural fire fighters protective clothing.
ADDITIONS AND/OR CHANGES TO THIS SPECIFICATION
Additional options, alterations, or changes to this specification - as requested by the North Richland
Hills Fire Department or a department who is in a cooperative purchasing agreement with the City of
North Richland Hills using this contract - may be ordered at a discount of 30-40% of manufacturer's
published list price in effect at the time of order acceptance.
SIZING
In order to insure that every member of the department can safely perform to the maximum of their
ability without extra bulk and without restriction, Jackets and Pants shall be available in all sizes and
dimensions as follows:
Jackets:
Gender: Gender specific Men's and Women's patterns will be available.
Chest: Even sizes
Back Length: Men's 29", 32", 35", 40"
Women's 26", 29"
Body Shape: Straight and Tapered (Note: The straight cut offers more fullness at the hips,
i.e.jacket sweep, and is recommended when an IH Ready trouser is being
Specified.)
Women's: Straight
Sleeve: 1" increments
Pants:
Gender: Gender specific Men's and Women's patterns
Waist: Even sizes
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Body Shape: Men's Relaxed, Regular, and Slim
Relaxed is a fuller cut in the hips and thighs, like relaxed jeans.
Slim is a more slender cut in the hips and thigh, like straight fit jeans.
Women's
Inseam: Even sizes
Jackets and Pants available in only one standard shape will not be acceptable.
OUTER SHELL MATERIAL -JACKETS AND PANTS
The outer shell shall be constructed of TENCATE "AGILITYTM": featuring ENFORCE TM
technology Kevlar®/PBO/Nomex° blend material with an approximate weight of 6.6 oz. per square
yard in a twill weave. The shell material must be treated with SSTTM(SUPER SHELLTITE)which is
a durable water-repellent finish that also enhances abrasion resistance. Color of the garments shall be
light gold. Bids offering this shell material without the SSTTM will not be considered.
THERMAL INSULATING LINER-JACKETS AND PANTS
The thermal liner shall be constructed of 6.7 oz. per square yard TENCATE CALDURA® ELITE
NOMEX NANO®; one layer of Nomex Nano and one layer of 2.3 oz.per square yard Nomex'E-89TM
spunlaced Nomex®/Kevlar®aramid blend, quilt stitched to a FR Rayon Para-Aramid nylon Face Cloth.
An approximate 8 inch by 10 '/2 inch pocket, thermal liner over-edged to a layer of moisture barrier
material, shall be affixed to the inside of the jacket thermal liner on the left side by means of a single
needle stitch. The thermal liner shall be attached to the moisture barrier and bound together by bias-cut
Neoprene coated cotton/polyester around the perimeter. This provides superior abrasion resistance to
the less expensive, less durable, "stitch and turn"method. Further mention of"Thermal Liner"in this
specification shall refer to this section.
MOISTURE BARRIER-JACKETS AND PANTS
The moisture barrier material shall be W.L. GORE CROSSTECH® Black moisture barrier—Type
2F, which is comprised of a CROSSTECH' membrane laminated to a Nomex® IIIA woven pajama
check substrate. The CROSSTECH® membrane is an enhanced bicomponent membrane comprised of
an expanded PTFE (polytetrafluoroethylene, for example Teflon®) matrix having a continuous
hydrophilic (i.e. water loving) and oleophobic (i.e. oil hating) coating that is impregnated into the
matrix. CROSSTECH®moisture barrier seams shall be sealed with GORE-SEAM®tape using a Series
6000 (or higher) GORE-SEAMTM sealing machine to afford comparable bacteriophage penetration
resistance performance. Further mention of"Specified Moisture Barrier"in this specification shall refer
to this section.
SEALED MOISTURE BARRIER SEAMS
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All moisture barrier seams shall be sealed with a minimum 1 inch wide sealing tape. One side of the
tape shall be coated with a heat activated glue adhesive. The adhesive side of the tape shall be oriented
toward the moisture barrier seam. The adhesive shall be activated by heat and the sealing tape shall be
applied to the moisture barrier seams by means of pressure exerted by rollers for that purpose.
METHOD OF THERMAL LINER/MOISTURE BARRIER ATTACHMENT FOR JACKETS
AND PANTS
The thermal liner and moisture barrier shall be completely removable from the jacket shell.A minimum
of six snap fasteners shall secure the thermal liner/moisture barrier to the outer shell along the length of
the neckline under the top most collar. The top most collar shall be turned under and finished such that
the snaps on the collar will not be able to contact the wearers skin. Corresponding snaps shall be
installed through a moisture barrier leader measuring an approximate height of 1.75—2 inches and shall
not penetrate through to the outer shell on the backside of the collar. The remainder of the thermal
liner/moisture barrier shall be secured with snap fasteners appropriately spaced on each jacket facing
and Ara-Shield'snap fasteners at each sleeve end. There shall be one Ara-shield'snap tabs at the liner
sleeve end which shall be colored to correspond with color coded snap tabs on the shell sleeve end for
ease of matching the liner system to the outer shell after inspection or cleaning is completed.
The thermal liner and moisture barrier shall be completely removable from the pant shell. Nine snap
fasteners shall be spaced along the waistband to secure the thermal liner to the shell. The legs of the
thermal liner/moisture barrier shall be secured to the shell by means of Ara-Shield®snap fasteners, 2
per leg. The Ara-shield®snap tabs shall be color coded to a corresponding snap tab in the liner for ease
of matching the liner system to the outer shell after inspection or cleaning is completed.
THERMAL PROTECTIVE PERFORMANCE
The assembled garment, consisting of the specified outer shell,moisture barrier and thermal liner, shall
exhibit a TPP (Thermal Protective Performance) rating of not less than 37.4 as documented by
Underwriter's Laboratory (UL) at time of bid.
TOTAL HEAT LOSS
The assembled garment, consisting of the specified outer shell,moisture barrier and thermal liner, shall
exhibit a THL (Total Heat Loss) rating of not less than 299.9 as documented by Underwriter's
Laboratory(UL) at time of bid.
RESISTANCE TO SWEAT EVAPORATION
The assembled garment, consisting of the specified outer shell,moisture barrier and thermal liner, shall
exhibit a RET (Resistance to Evaporative Heat Transfer) rating of not greater than 24 as documented
by Underwriter's Laboratory (UL) at time of bid.
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STITCHINGThe outer shell shall be assembled using stitch type #301, #401, #514 and #516. The
thermal liners and moisture barriers shall be assembled using stitch type #301, #401, #504, #514, and
#516. Major A outer shell structural seams and major B structural liner seams, shall have a minimum
of 8 to 10 stitches per inch. All major A seams shall be sewn with ball point needles only. All seams
shall be continuously stitched only.
JACKET CONSTRUCTION
BODY
The body of the shell and AXTION° liner system shall be constructed of three separate panels
consisting of two front panels and one back panel. The body panels shall be shaped so as to provide a
tailored fit thereby enhancing body movement and shall be joined together by double stitching with
Nomex®thread. One-piece outer shells shall not be acceptable.
AXTION®BACK
The jacket outer shell shall include inverted pleats to afford enhanced mobility and freedom of
movement in addition to that provided by the AXTION° sleeves. The outer shell shall have two
inverted pleats (one each side)installed on either side of the back body panel. The inverted pleats shall
begin at the top of each shoulder and extend vertically down the sides of the jacket to the hem.
Maximum expansion of the pleats shall occur at the shoulder area and taper toward the hem. Pleats that
do not extend to the hem will not be considered, since they do not provide a true AXTION®back.
The moisture barrier and thermal liner layers shall be designed with darts corresponding to the added
length in the shell provided by the AXTION' back pleats. The darts are positioned at the shoulder
blades, outside of the SCBA straps and work together with the corresponding outer shell pleats in the
AXTION® back, providing maximum expansion. The moisture barrier darts will be seam sealed to
assure liquid resistance integrity.
LOGOS
The garment brand shall be identified by means of FR Nomex thread embroidery on the top of the left
collar denoting"GLOBE"as the manufacturer. There shall be a reflective label specific to the garment
style, measuring finch wide by 4 inches long, installed on the left pocket flap.
DRAG RESCUE DEVICE (DRD)
A Firefighter Drag Rescue Device shall be installed in each jacket. The ends of a 1 inch wide strap,
constructed of Kevlar®, will be sewn together to form a continuous loop. The strap will be installed in
the jacket between the liner system and outer shell such that when properly installed will loop around
each arm. The strap will be accessed through a portal between the shoulders on the upper back where
it is secured in place by an FR strap. The DRD shall be removable for laundering. The access port will
be covered by an outside flap of shell material,designed to fit between the shoulder straps of an SCBA.
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The flap will have a NFPA-compliant 3M ScotchliteTM reflective logo patch sewn to the outside to
clearly identify the feature as the DRD (Drag Rescue Device), The DRD shall not extend beyond the
outside flap. This device provides a quickly deployed means of rescuing a downed firefighter. Flimsy,
rope-style DRD straps will not be considered.
LINER ACCESS OPENING(JACKET)
The liner system of the jacket shall incorporate an opening at the leading edge of the right front panel.
This opening shall run a minimum of 11 inches for the purpose of inspecting the integrity of the jacket
liner system. When installed into the outer shell the Liner Access Opening shall be covered and
protected by the overlap of the outer shell facing.
RETROREFLECTIVE FLUORESCENT TRIM
The retroreflective fluorescent trim shall be lime/yellow 3M ScotchliteTM COMFORT Trim (Heat
applied segmented L/Y borders with silver center. Each jacket shall have an adequate amount of
retroreflective fluorescent trim affixed to the outside of the outer shell to meet the requirements of
NFPA 1971 and OSHA. The trim shall be in the following widths and shall be NFPA Vertical style; 3
inch wide stripes-around the bottom of the jacket within approximately 1 inch of the hem,horizontally
across the chest area approximately 3 inches below the armpit,two vertical stripes on the back(one on
each side)beginning at the top of the bottom band of trim and extending up to approximately 7%2 inches
below the neck seam, around each sleeve below the elbow.
SEWN ON RETROREFLECTIVE LETTERING
Each jacket shall have 3" lime/yellow 3M ScotchliteTM lettering sewn to the letter patch reading:
NRHFD
Each jacket shall have 3" lime/yellow 3M ScotchliteTM lettering on a hanging letter patch reading: FF
NAME
HANGING LETTER PATCH
The hanging letter patch shall be constructed of a double layer of outer shell material. The letter patch
will attach to the rear inside hem of the jacket with a combination of snap fasteners and FR Velcroo
hook& loop fastener tape.
COLLAR& FREE HANGING THROAT TAB
The collar shall consist of a minimum four-layer construction and be of one-piece design. There shall
be two layers of a moisture barrier material sandwiched in between two layers of outer shell fabric(see
Moisture Barrier section). The forward inside ply of moisture barrier shall be sewn to the inside of the
collar along the edges only. The multi-layered configuration shall provide protection from water and
other hazardous elements, while maintaining thermal protection. The collar shall be a minimum of 3
26
inches high and graded to chest size. The leading edges of the collar shall extend up evenly from the
leading edges of the jacket front body panels so that no gap occurs at the throat area. The collar back
layers of outer shell and moisture barrier shall be joined to the body panels with a minimum of two
rows of stitching. The collar front layers of outer shell and moisture barrier fabric shall have a series of
minimum 6 snap fasteners on lower edge of the collar. The top most collar shall be turned under and
finished such that the snaps on the collar will not be able to contact the wearer's skin. There shall be
corresponding snap fasteners on a moisture barrier leader,which is sewn to the thermal liner system to
engage the snaps on the collar. The snaps on the thermal liner system leader will be installed such that
they do not penetrate from the outer shell through to the inner layers. The moisture barrier leader on the
thermal liner system shall be sandwiched between the underside of the top collar shell fabric and
moisture barrier material and the bottom collar shell fabric and moisture barrier material so as to reduce
the possibility of liner detachment while donning and doffing.
The throat tab shall consist of a minimum of four-layer construction and be a scoop type design. There
shall be of two piles of outer shell material with two center piles of moisture barrier material. The throat
tab shall measure not less than 3 inches wide at the center tapering to 2 inches at each end with a total
length of approximately 9 inches. The throat tab will be attached to the right side of the by a 1 inch
wide by 1 inch long piece of Nomex® twill webbing. The throat tab shall be secured in the closed and
stowed position with FR hook and loop fastener tape. The FR hook and loop fastener tape shall be
oriented to prevent exposure to the environment when the throat tab is in the closed position. Two 1 1/Z
inch by 3 inch pieces of FR loop fastener tape shall be sewn horizontally to the inside of each end of
the throat tab. Corresponding pieces of FR hook fastener tape measuring 1 inch by 3 inches shall be
sewn horizontally to the leading outside edge of the collar on each side, for attachment and adjustment
when in the closed position and wearing a breathing apparatus mask. In order to provide a means of
storage for the throat tab when not in use, a 1 inch by 3 inch piece of FR hook fastener tape shall be
sewn horizontally to the inside of the throat tab immediately under the 1 1/2 inch by 3 inch pieces of FR
loop fastener tape. The collar closure strap shall fold in half for storage with the FR loop fastener tape
engaging the FR hook fastener tape.
A hanger loop constructed of a double layer of outer shell material shall be sewn to the top of the collar
at the center.
JACKET FRONT
The jacket shall incorporate separate facings to ensure there is no interruption in thermal or moisture
protection in the front closure area. The facings shall measure approximately 2 1/2 inches wide, extend
from collar to hem, and be double stitched to the underside of the outer shell at the leading edges of the
front body panels. A breathable moisture barrier material shall be sewn to the jacket facings and
configured such that it is sandwiched between the jacket facing and the inside of the respective body
panel.The breathable film side shall face inward to protect it. There shall be wicking barrier constructed
of a moisture barrier material installed on the front closure system on the left and right side directly
below the front facings to ensure continuous protection and overlap. The wicking barrier shall extend
27
no more than a maximum of 3/4 inch beyond the inner facing and false facing shall be unacceptable. The
thermal liner and moisture barrier assembly shall be attached to the jacket facings by means of snap
fasteners.
STORM FLAP
A rectangular storm flap measuring approximately 3 inches (6 inches for hook and dee inside/FR hook
and loop fastener tape outside closure; aka#7C)wide and a minimum of 23 inches long(based on a 32
inch length jacket)shall be centered over the left and right body panels to ensure there is no interruption
in thermal or moisture protection in the front of the jacket. The outside storm flap shall be constructed
of two plies of outer shell material with a center ply of breathable moisture barrier material. The outside
storm flap shall be double stitched to the right side body panel and shall be reinforced at the top and
bottom with bartacks.
STORM FLAP AND JACKET FRONT CLOSURE SYSTEM
The jacket shall be closed by means of a 22 inch size#10 heavy duty high-temp smooth-gliding YKK
Vislon®zipper on the jacket fronts and FR hook and loop fastener tape on the storm flap. The teeth of
the zipper shall be mounted on black Nomex®tape and shall be sewn into the respective jacket facings.
The storm flap shall close over the left and right jacket body panels and shall be secured with FR hook
and loop fastener tape. A 1%2 inch piece of FR loop fastener tape shall be installed along the leading
edge of the storm flap on the underside with four rows of stitching. A corresponding 1'/z inch piece of
FR hook fastener tape shall be sewn with four rows of stitching to the front body panel and positioned
to engage the loop fastener tape when the storm flap is closed over the front of the jacket.
CARGO/HANDWARMER EXPANSION (BELLOWS)POCKETS
Each jacket front body panel shall have a 2 inch deep by 8 inch wide by 8 inch high expansion pocket,
double stitched to it and shall be located such that the bottom of the pockets are at the bottom of the
jacket for full functionality when used with an SCBA. Retroreflective trim shall run over the bottom of
the pockets so as not to interrupt the trim stripe. Two rust resistant metal drain eyelets shall be installed
in the bottom of each expansion pocket to facilitate drainage of water. The expansion pocket shall be
reinforced with a layer of Kevlar® approximately 5 inches up on the inside of the pocket. The pocket
flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure
3 inches deeper than the pocket expansion and ''/2 inch wider than the pocket. The upper pocket corners
shall be reinforced with proven backtacks and pocket flaps shall be reinforced with bartacks.The pocket
flaps shall be closed by means of FR hook and loop fastener tape. Two pieces of 1 '/2 inch by 3 inch FR
hook fastener tape shall be installed vertically on the inside of each pocket flap(one piece on each end).
Two corresponding pieces of 1 '/2 inch by 3 inch FR loop fastener tape shall be installed horizontally
on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook
fastener tape. Additionally, a separate hand warmer pocket compartment will be provided under the
expandable cargo pocket. This compartment will be accessed from the rear of the pocket and shall be
28
lined with Nomex® Fleece for warmth and comfort. Shell material linings shall not be considered
acceptable.
AXTION® SLEEVES
The sleeves shall be of two piece construction and contoured,having an upper and a lower sleeve. Both
the under and upper sleeve shall be graded in proportion to the chest size. For unrestricted movement,
on the underside of each sleeve there shall be two outward facing pleats located on the front and back
portion of the sleeve on the shell and thermal liner. On the moisture barrier, the system will consist of
two darts,rather than pleats, to allow added length in the under sleeve. The moisture barrier darts will
be seam sealed to assure liquid resistance integrity. The pleats shall expand in response to upper arm
movement and shall fold in on themselves when the arms are at rest. This expansion shall allow for
greater multi-directional mobility and flexibility in the shoulder and arm areas, with little restriction or
jacket rise. Neither stove-pipe nor raglan-style sleeve designs will be considered acceptable.
SLEEVE CUFF REINFORCEMENTS
The sleeve cuffs shall be reinforced with a layer of black Dragonhide®material.The cuff reinforcements
shall not be less than 2 inch in width and folded in half,approximately one half inside and one half
outside the sleeve end for greater strength and abrasion resistance. The cuff reinforcement shall be
double stitched to the sleeve end; a single row of stitching shall be considered unacceptable. This
independent cuff provides an additional layer of protection as compared to a turned and stitched cuff.
Jackets finished with a turned and stitched cuff do not provide the same level of abrasion resistance and
will be considered unacceptable.
WRISTLETS/ELASTICIZED ADJUSTABLE SLEEVE WELLS
Each jacket shall be equipped with Nomex®hand and wrist guards(over the hand)not less than 7 inches
in length and of double thickness. A separate thumbhole with an approximate diameter of 2 inches shall
be recessed approximately 1 inch from the leading edge. Nomex®knit is constructed of 96%Nomex®
and 4% Spandex for shape retention. The color of the wristlets shall be grey. The wristlets shall be
sewn to the end of the liner sleeves. Flame resistant neoprene coated cotton/polyester material shall be
sewn to the inside of the sleeve shell approximately 5 inches from the sleeve end and extending toward
the cuff forming the sleeve well. The neoprene sleeve well shall form an elasticized cuff end with an
FR hook and loop fastener tape providing a snug fit at the wrist and covering the knit wristlet. This
sleeve well configuration serves to prevent water and other hazardous elements from entering the
sleeves when the arms are raised. The neoprene material shall also line the inside of the sleeve shell
from the cuff to a point approximately 5 inches back,where it joins the sleeve well and is double stitched
to the shell. Four Ara-shield® snap tabs will be sewn into the juncture of the sleeve well and wristlet.
The tabs will be spaced equidistant from each other and shall be fitted with female snap fasteners to
accommodate corresponding male snaps in the liner sleeves. One of the Ara-shield®snap tabs shall be
a different color in the liner to correspond with color coded snap tabs for ease of matching the liner
29
system to the outer shell after inspection or cleaning is completed. This configuration will ensure there
is no interruption in protection between the sleeve liner and wristlet.
LINER ELBOW THERMAL ENHANCEMENT
An additional layer of thermal liner material shall be sewn to the elbow area of the liner system for
added protection at contact points and increased thermal insulation in this high compression area. The
elbow thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier
layers of the liner system and shall be stitched to the thermal liner layer only. Finished dimension shall
be approximately 5 inches by 8 inches. All edges shall be finished by means of overedging. Raw or
unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut
fabric padding.
LINER SHOULDER AND UPPER BACK THERMAL ENHANCEMENT
A minimum of one additional layer of thermal liner material shall be used to increase thermal insulation
in the upper back, front and shoulder area of the liner system. This full-cut thermal enhancement layer
shall drape over the top of each shoulder extending from the collar to the sleeve/shoulder seam, down
the front approximately 5 inches from the juncture of the collar down the back to a depth of 5 % inches
to provide greater CCHR protection in this high compression area. The upper back, front and shoulder
thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers
of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer
shall have finished edges by means of overedging. Raw or unfinished edges shall be considered
unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. Smaller CCHR
reinforcements shall not be considered acceptable since they provide far less area of coverage.
RADIO POCKET
Each jacket shall have a pocket designed for the storage of a portable radio. This pocket shall be of box
type construction, double stitched to the jacket and shall have one drainage eyelet in the bottom of the
pocket. The pocket flap shall be constructed of two layers of outer shell material measuring
approximately 3 inches longer than the depth of the pocket and '/4 inch wider than the pocket. The
pocket flap shall be closed by means of FR hook and fastener tape. A 11/2 inch by 3 inch piece of FR
hook and fastener tape shall be installed on the inside of the pocket flap beginning at the center of the
bottom of the flap. A 1'/2 inch by 3 inch piece of FR loop fastener tape shall be installed horizontally
on the outside of the pocket near the top center and positioned to engage the hook fastener tape. In
addition, the entire inside of the pocket shall be lined with neoprene coated cotton/polyester material to
ensure that the radio is protected from the elements. The impermeable barrier material shall also be
sandwiched between the two layers of outer shell material in the pocket flap for added protection. The
radio pocket shall measure approximately 3 inches deep by 3.5 inches wide by 9 inches high and shall
be installed on the left chest.
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MICROPHONE STRAP
A strap shall be constructed to hold a microphone for a portable radio. It shall be sewn to the jacket at
the ends only. The size of the microphone strap shall be 1 inch x 3 inches. The microphone strap shall
be mounted above the radio pocket and shall be constructed of double layer outer shell material.
SURVIVOR FLASHLIGHT HOLDER
Each jacket shall be equipped with a "Survivor" flashlight holder. An inward facing safety hook,
attached to a double layer self-material strap, shall be double stitched in a vertical position to the upper
chest. The inward facing safety hook will accommodate the clip portion of the flashlight. Below the
safety hook will be a strap constructed of outer shell material measuring approximately 1 3/a inches high
and 9 inches wide, and will hold the barrel of the flashlight. The lower strap will be equipped with a 1'/2
inch by 21/2 inch FR hook and loop closure at the front of the strap to facilitate easy removal of the
flashlight. There shall be approximately 3 1/2 inches between the upper coat hook and lower strap. The
"Survivor" flashlight holder shall be sewn to the jacket on the right chest.
PANT CONSTRUCTION
BODY
The body of the shell shall be constructed of four separate body panels consisting of two front panels
and two back panels. The body panels shall be shaped so as to provide a tailored fit,thereby enhancing
body movement and shall be joined together by double stitching with Nomex® thread. In addition to
the four body panels, there shall be a seamless, one-piece crotch gusset. The one-piece gusset allows
for less bulk, comfort, and more freedom of movement in this high stress area. The body panels, seam
lengths and crotch gusset shall be graded to size to assure accurate fit in a broad range of sizes.
The front body panels will be wider than the rear body panels to provide more fullness over the knee
area. This is accomplished by rolling the side leg seams (inside and outside) to the rear of the pant leg
beginning at the knee. The slight taper will prevent premature wear of the side seams by pushing them
back and away from the primary high abrasion areas encountered on the sides of the lower legs.
CONTOUREDSADDLE
The rise of the rear pant center back seam,including gusset,from the top back of the waistband to where
it intersects the inside leg seams at the crotch shall exceed the rise at the front of the pant by 8 inches.
The longer rear center back seam provides added length in the seat for mobility without restriction when
stepping up, kneeling, or crawling and maintains proper alignment of the knee, without twisting,
directly over the kneepads when kneeling and crawling.
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LINER ACCESS OPENING PANT
The thermal liner and moisture barrier layers of the pant liner system shall be constructed in such a way
as to allow an access opening for interior inspection, service and replacement. The thermal liner and
moisture barrier layers shall be stitched together for security and prevention of inadvertent use of one
layer without the other. The liner system shall have a reinforcement material sewn to the bottom of the
fly opening.This reinforcement will serve to prevent the liner from tearing in that area from the constant
donning and doffing of the pants.
The liner system of the pant shall incorporate an opening along the back of the waistline for ease in
inspecting the inner layers and to facilitate performing the complete liner inspection. The thermal liner
and moisture barrier shall be individually bound with a neoprene coated bias cut tape and joined together
on each of the front panels, along the waistband from the front fly opening to the side seam. The back
of the liner system will be allowed to remain open with two snaps on either side of the back seam to
attach the moisture barrier layer to thermal liner layer. As described previously, the pant thermal layer
system snaps directly to the independent waistband by means of nine snap fasteners. There shall be no
hook and loop used to close the liner access opening.
RETROREFLECTIVE FLUORESCENT TRIM
The pants shall have a stripe of retroreflective fluorescent trim encircling each leg below the knee to
comply with the requirements of NFPA#1971 in 3 inch lime/yellow 3M ScotchliteTM COMFORT Trim
(Heat applied segmented L/Y borders with silver center. Bottom of trim band shall be located
approximately 3" above cuff.
ELASTICIZED WAISTBAND
The pant design facilitates the transfer of the weight of the pant to the hips instead of the shoulders and
suspenders. The two rear outer-shell body panels, beginning at the pant side seams, shall incorporate
an elasticized waist insert, running from the side seam towards the back of the trouser for an
approximate distance of 4 inches. The rear elasticized waist inserts shall be integral to the shell of the
pant and the elasticized portion shall be covered by the outer shell fabric of the pant.
The waist area of the pants shall be reinforced on the inside with a separate piece of black aramid outer
shell material, cut on the bias (diagonally). The reinforcement shall be folded in half, for a finished
bottom edge and shall have a finished width of not less than approximately 1 %2 inches. The top edge of
the waistband reinforcement shall be double stitched to the outer shell at the top of the pants. The lower
edge of the waistband shall be unattached to the shell to accept the thermal liner and moisture barrier.
The top of the thermal liner and moisture barrier shall be secured to the underside of the waistband
reinforcement by means of nine snaps, spaced equidistant along the length of the waistband
reinforcement. Inserting the liner system between the waistband reinforcement and outer shell serves
to reduce the possibility of liner detachment while donning and doffing. The independent waistband
construction affords greater comfort and fit than a turned and stitched method. Pants that do not include
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and independent waistband or are not cut on the bias will not provide the same amount of stretch to the
garment and shall be considered unacceptable.
EXTERNAL/INTERNAL FLY FLAP
The pants will have a vertical outside fly flap constructed of two layers of outer shell material, with a
layer of moisture barrier material sandwiched between. The fly flap shall be double stitched to the left
front body panel and shall measure approximately 2 3/4 inches wide, with a length graded to size based
on waist measurement and reinforced with bartacks at the base. An internal fly flap constructed of one
layer of outer shell material, thermal liner and specified moisture barrier, measuring approximately 2
inches wide, with a length graded to size based on waist, shall be sewn to the leading edge of the right
front body panel.
The underside of the outside fly flap shall have a 1'/2 inch wide piece of FR loop fastener tape quadruple
stitched along the full length along the shell material only; stitching shall not penetrate the moisture
barrier insert between the two layers to insure greater thermal protection and reduced water penetration.
A corresponding strip of 1'/2 inch wide piece of FR hook fastener tape shall be quadruple stitched to the
outside right front body panel securing the fly in a closed position.
CLOSURE
Escape Belt with Wide Belt Loops
The pant shall have an integrated Escape Belt, which is independently certified as meeting the belt
requirements of NFPA 1983, Standard on Life Safety Rope and Equipment for Emergency Services,
which shall serve as the exterior primary positive locking closure. The Escape belt shall be comprised
of Kevlar*webbing with a hook and an adjustable D-ring closure,graded for the waist size of the pants.
The hook and dee closure system of the Escape Belt also serves as the positive front closure for the
pants, eliminating redundant closure systems. The pants shall be equipped with a series of black aramid
material belt loops spaced around the waist to accommodate the aramid belt. There shall be three large
loops measuring approximately 4 inches high by 4 inches long and two smaller loops measuring
approximately '/2 inch wide by 3 '/2 inches long. Two of the large belt loops shall be placed on each side
of the front of the pant and third on the rear of the waist, centered over the seam. The two smaller loops
shall be placed on the rear of the pant,behind the side seams.
MICROPHONE STRAP
A strap shall be constructed to hold a microphone for a portable radio. It shall be sewn to the pants at
the ends only. The size of the microphone strap shall be 1 inch by 3 inches. The microphone strap shall
be mounted vertically on the center rear belt loop, and constructed of double layer outer shell material.
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ARTICULATED KNEE
The outer shell of the pant legs shall be constructed with horizontal expansion pleats in the knee area
with corresponding darts in the liner. In order to provide increased freedom of movement and maximum
flexibility, extra material is built into the knee area and this additional fullness is contained by stitching
down the pleats on the inside of the shell. The knee reinforcement shall be installed proportionate to the
pant inseam, in such a manner that it falls in an anatomically correct knee location.
The thermal liner shall be constructed with four pleats per leg in the front of the knee. Two will be
located above the knee (one on each side) and two shall be located below the knee (one on each side).
On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length
in the under knee. The darts in the liner provide a natural bend at the knee. The darts in the liner work
in conjunction with the expansion panels in the outer shell to increase freedom of movement when
kneeling, crawling, climbing stairs or ladders, etc.
LINER KNEE THERMAL ENHANCEMENT
A minimum of one additional layer of specified thermal liner and one additional layer of moisture
barrier material, measuring a minimum of 9 inches by 11 inches, will be sewn to the knee area of the
liner system for added CCHR protection and increased thermal insulation in this high compression area.
The knee thermal enhancement layers shall be sandwiched between the thermal liner and moisture
barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal
enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges shall
be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding.
Smaller CCHR reinforcements shall not be considered acceptable since they provide far less area of
coverage.
CATHEDRAL KNEE REINFORCEMENTS
The knee area shall be reinforced with a layer of black Dragonhide®material. The cathedral shaped
knee reinforcement shall be centered on the leg to ensure proper coverage when bending,kneeling and
crawling. The knee reinforcements shall measure a minimum of approximately 7 inches wide by 12
inches high at the highest point shall be double stitched to the outside of the outer shell in the knee area
for greater strength and abrasion resistance.
The articulated cathedral knee reinforcement shall be cut and stitched to the shell in a such a way that
there shall be an arch at the top of the reinforcement, tapering down the sides of the reinforcement with
a squared off bottom.Knee reinforcements of a smaller size do not provide the same protective coverage
and shall be considered unacceptable.
PADDING UNDER KNEE REINFORCEMENTS
Padding for the knees shall be accomplished with one layer of Silizone'foam,sandwiched between the
thermal liner and moisture barrier. The placement of Silizone®padding on the thermal versus the shell
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reduces the bulk in the shell and also serves to protect the padding from abrasion and other wear issues
that the outer shell is subject to. Pants with Silizone® knee padding on the shell as opposed to on the
liner,do not provide the same level of bulk reduction and abrasion resistance and are not recommended.
EXPANSION (BELLOWS) POCKETS
An expansion pocket, measuring approximately 2 inches deep by 10 inches wide by 10 inches high
shall be double stitched to the side of each leg straddling the out-seam above the knee and positioned
to provide accessibility. The lower half of each expansion pocket shall be reinforced with an additional
layer of Kevlar®twill material on the inside. Two rust resistant metal drain eyelets shall be installed on
the underside of each expansion pocket to facilitate drainage of water. The pocket flaps shall be
rectangular in shape,constructed of two layers of outer shell material and shall measure 3 inches deeper
than the pocket expansion and '/2 inch wider than the pocket. The upper pocket corners shall be
reinforced with proven backtacks and pocket flaps shall be reinforced with bartacks. The pocket flaps
shall be closed by means of FR hook and loop fastener tape. Two pieces of 1'/2 inch by 3 inch FR hook
fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end).Two
corresponding pieces of 11/2 inch by 3 inch FR loop fastener tape shall be installed horizontally on the
outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener
tape.
EXPANSION POCKET REINFORCEMENTS
The lower half of the expansion pockets shall be reinforced on the outside with a layer of black
Dragonhide®material.
6 PACK TOOL COMPARTMENT
A tool pocket constructed of Kevlar®material and measuring approximately 8 inches high by 10 inches
wide will be installed on the inside of both the left and right pockets with double stitching. The front
pockets will measure 6 inches high. Two separate rows of stitching will divide the tool pocket into six
compartments,three in front(6 inches high)and three in back(8 inches high),measuring approximately
3 inches wide and set side-by-side.
PANT CUFF REINFORCEMENTS
The cuff area of the pants shall be reinforced with a layer of black Dragonhide®material. The cuff
reinforcement shall not be less than 2 inch in width and folded in half, approximately one half inside
and one half outside the end of the legs for greater strength and abrasion resistance. The cuff
reinforcement shall be double stitched to the outer shell for a minimum of two rows of stitching. This
independent cuff provides an additional layer of protection over a hemmed cuff. Pants that are turned
and stitched at the cuff, as opposed to an independent cuff reinforcement, do not provide the same level
of abrasion resistance and shall be considered unacceptable.
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PADDED RIP-CORD SUSPENDERS &ATTACHMENT
On the inside waistband shall be attachments for the standard"H" style "Padded Rip-Cord" suspenders.
There will be four attachments total—2 front, 2 back. The suspender attachments shall be constructed
of black Ara-Shield' material measuring approximately '/2 inch wide by 3-inches long. They shall be
sewn in a horizontal position on the ends only to form a loop. The appearance will be much like a
horizontal belt loop to capture the suspender ends.
A pair of"H" style "Padded Rip-Cord" suspenders shall be specially configured for use with the pants.
The main body of the suspenders shall be constructed of 2 inch wide black webbing straps. The
suspenders shall run over each shoulder to a point approximately shoulder blade high on the back,where
they shall be joined by a 2 inch wide horizontal piece of webbing measuring approximately 8-inches
long, forming the"H". This shall prevent the suspenders from slipping off the shoulders. The shoulder
area of the suspenders will be padded for comfort by fully encasing the webbing with aramid batting
and wrap-around black aramid.
The rear ends of the suspenders will be sewn to 2-inch wide elasticized webbing extensions measuring
approximately 8-inches in length and terminating with thermoplastic loops. The forward ends of the
suspender straps shall be equipped with specially configured black powder coat non-slip metal slides
with teeth. Through the metal slides will be the 9 inch lengths of strap webbing"Rip-Cords"terminating
with thermoplastic loops on each end. Pulling on the "Rip-Cords" shall allow for quick adjustment of
the suspenders.
Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders
will be black aramid suspender attachments incorporating two snap fasteners. The aramid suspender
attachments are to be threaded through the suspender attachment loops on the inside waistband of the
pants. The aramid suspender attachments will then fold over and attach to themselves securing the
suspender to the pants.
REVERSE BOOT CUT
The outer shell pant leg cuffs will be constructed such that the back of the leg is approximately 1 inch
shorter than the front. The liner will also have a reverse boot cut at the rear of the cuff and a concave
cut at the front to keep the liner from hanging below the shell. This construction feature will minimize
the chance of premature wear of the cuffs and injuries due to falls as a result of"walking" on the pant
cuffs. Pants that have "cut-outs" in the back panel rather than a contoured boot cut shall be considered
unacceptable.
THIRD PARTY TESTING AND LISTING PROGRAM
All components used in the construction of these garments shall be tested for compliance to NFPA
Standard #1971 by Underwriters Laboratories (UL). Underwriters Laboratories shall certify and list
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compliance to that standard. Such certification shall be denoted by the Underwriters Laboratories
certification mark.
LABELS
Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the NFPA
certification label(s) shall include the following information.
• Compliance to NFPA Standard#1971
• Underwriters Laboratories classified mark
• Manufacturer's name
• Manufacturer's address
• Manufacturer's garment identification number
• Date of manufacture
• Size
ISO CERTIFICATION/REGISTRATION
The protective clothing manufacturer shall be certified and registered to ISO Standard 9001 to assure
a satisfactory level of quality. Indicate below whether the manufacturer is so certified and registered
by checking either "Yes" or "No" in the space provided.
BETTER BUSINESS BUREAU
The manufacturer is accredited by the Better Business Bureau, showing a commitment to ethical and
principled business practices.
WARRANTY
The manufacturer shall warrant all items provided to be free from defects in materials and workmanship
for their serviceable life when properly used and cared for.Manufacturer shall provide specific warranty
details for all components associated with this contract.
HOOK AND LOOP SUPPORT PROGRAM
Support program shall cover hook or loop tape that has begun to fray or otherwise degrade from normal
wear. This program shall remain in effect for a period of five years from the original date of
manufacture of the garment. This support program shall cover the repair or replacement, without
charge, of any hook and/or loop on the garments produced by the manufacturer providing the garments
are otherwise serviceable.
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This support program does NOT cover damage from fire, heat, chemicals, misuse, accident or
negligence. Failure to properly care for garments will serve to void this support program.
SIZING BY VENDOR:
Both male and female sizing samples shall be available.
Both male and female sizing samples shall be on hand for use when sizing. The vendor shall be
available to perform all sizing requirements within 96 hours of written notice. Measuring with a tape
measure is not acceptable.
GARMENT TRAINING AND SUPPORT
OSHA requires employees be trained on the capabilities and limitations of their Personal Protective
Equipment. The selected vendor shall provide the following:
• On-site care and maintenance training shall be provided by the manufacturer. Training shall be
in compliance with NFPA 1851, current edition, at the conclusion of which each participant
shall receive a certificate of completion.
• An on-site OSHA mandated training class on the Knowing the Limits of Your PPE shall be
provided at no charge. The training shall include structural firefighting coat,pant and boots.
BAR-CODE/RECORD KEEPING INTERFACE
A 1 dimensional barcode,in the interleaved 2 of 5 format shall be printed on the label of each separable
layer of the garment.
This barcode shall represent the serial number of the garment. The manufacturer shall be able to provide
a detailed list of each asset of a drop-shipped order, and shall include the following:
• Brand
• Order Number
• Serial Number
• Style Number
• Color
• Description
• Chest/Waist Size
• Jacket/pant Length
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• Sleeve Length
• Date of Manufacture
• Mark-For Data
This information shall be able to be imported into the manufacturers web-based system designed to
facilitate the organization and tracking of assets in accordance with the cleaning and inspection
requirements of OSHA and NFPA 1851.
PPE RECORD KEEPING
The manufacturer shall make available and no-charge, a password protected data based backed website
that does not care whose brand of PPE assets are being recorded. The website shall have the
functionality to allow the manufacturer to import all of the pertinent data into the department's account
so that the initial data entry by fire department personnel is eliminated.
The website shall allow for the department to use a barcode scanner, if desired, to scan the Interleaved
2 of 5 barcode found in the gear by going to the Search the Serial Number page in PPE record keeping
program, and scanning the asset's barcoded serial number.
EXCEPTIONS TO SPECIFICATIONS
Any and all exceptions to the above specifications must be clearly stated for each heading. Use
additional pages for exceptions, if necessary.
COUNTRY OF ORIGIN
Jackets and Pants shall be manufactured in the United States. NO EXCEPTION
HELMETS
PRODUCT TYPE:
Structural Firefighting Helmet(s) with Proximity Firefighting Option
PRODUCT MODEL(S):
MSA CAIRNS 1044TM and MSA CAIRNS 1010TM Traditional Fire Helmet
PURPOSE:
To supply a uniform, standard product specification for a fiberglass composite structural fire helmet.
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SCOPE:
The scope of this product specification encompasses the performance criteria,design, construction,and
materials deemed necessary for helmets utilized for structural(and proximity as applicable)firefighting.
GENERAL:
Helmets manufactured in accordance with this specification are designed to mitigate adverse
environmental effects to the firefighter's head while providing the specifying authority with what are,
in their opinion, essential requirements.
NO EXCEPTIONS, DEVIATIONS OR DELETIONS TO THIS SPECIFICATION WILL BE
ACCEPTED.
PERFORMANCE CRITERIA:
MSA Cairns 1044 and 1010 helmet(s) shall meet the requirements of NFPA 1971:2018 (or the current
edition) for structural firefighting and proximity firefighting when that option is selected; US-OSHA
1910.156, and CAL-OSHA.
All eye/face protection sold as part of the original helmet assembly shall be compliant with the impact
requirements of the current editions of ANSI/ISEA Z87.1 and NFPA 1971.
PERFORMANCE VERIFICATION DATA REQUIREMENT:
Response to this specification shall include a complete and current NFPA 1971 test report from a
recognized,accredited test facility detailing all performance data for the helmet(s)and compliant helmet
components included in the original assembly. Certificates of conformance and/or letters of certification
alone shall not be acceptable. Component testing is not acceptable. Certification testing is conducted
every year to a random lot size, as per NFPA requirements.
MANUFACTURER'S WARRANTY:
MSA warrants MSA Cairns Fire Helmets manufactured on or after January 1, 2015, to be free from
defects in materials and/or faulty workmanship for a period of ten (10) years from the date of
manufacture by MSA. For MSA Cairns Fire Helmets manufactured prior to January 1, 2015, please
refer to ID 3600-09-MC/Jan 2005.
HELMET SHELL:
The Traditional Fire Helmets have a classic American Fire Service Style helmet shell, comprising a
crown, with four (4) major ribs (front, back, left and right sides), and four minor ribs equidistant
between each major rib, and a brim that has a short front visor continuing around the sides to a large
rear watershed area. The upper surface of the watershed shall have a textured finish with ivy scroll on
40
the back of the watershed brim.The underside of the brim shall have drill guides for the various eye/face
protection that can be attached to the shell.
The helmet shell material shall be a fiberglass composite,consisting of a high-temperature-,flame-,and
chip-resistant "through-colored" thermoset resin, reinforced with 1" and 2" chopped fiberglass,
compression molded to form a one-piece shell.
• Cairns 1010 Helmet Colors
The exterior of the shell shall be completely coated with a color pigmented, high gloss, abrasion, high
heat, and chemical resistant paint finish. The shell color and matched paint finish shall be available in
the standard colors of white, red, black, and yellow. Orange, blue, and green painted finishes shall be
available over a white composite shell.
• Cairns 1044 Helmet Colors
The shell shall be available in white,red, black, and yellow with a unpainted, matte finish.
The shell dimensions (with edge-trim) shall be 15.5" in length, 11.88" in width and a crown depth of
6.5". The shell shall have a nominal wall thickness of 0.065" in the crown and 0.080" in the brim.
The shell shall have black or(white shell helmets only),high-temperature,flame-resistant,flexible edge
trim made of thermoplastic rubber (TPR)with an aluminum core. The edge-trim is secured around the
entire brim of the helmet by crimping the aluminum core, which simultaneously captures and retains a
wire used to reinforce the brim of the helmet. The edge trim is secured at the mating ends with a high
temperature adhesive and clamped by the helmet hanger clip at the edge of the rear brim.
The shell shall have a helmet hanger comprised of a 3/4", nickel plated "D" ring and a stainless steel
clip. The helmet hanger shall be attached to the center rear of the brim.
FRONT HOLDER:
The helmet shell shall be furnished with a collapsible brass front-piece holder designed to absorb impact
that shall be attached to the main rib on the shell front, and positioned to capture the top of standard 6"
fire department identification shields (i.e., front piece). The front holder shall be brass.
Options:
• Carved eagle
• Silk-screened eagle
• Silk-screened Maltese cross
• Carved dragon
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• Carved beaver
The shell shall have a thermoplastic, front-piece mounting bracket affixed to the front center of the
brim. The bracket shall provide for positioning and retention of 6" front pieces.
IMPACT CAP:
The impact cap is designed to help provide increased thermal and impact protection. The impact cap
shall be an impact-resistant polymer liner covered by a rigid cell, high temperature, energy absorbing
urethane foam cap that covers the entire inner crown of the helmet. This impact cap is held into the
helmet shell by the Shell Release tabs and corresponding brackets. It is removable for inspection and
replacement.
HEAD SUSPENSION:
The Traditional Fire Helmet shall consist of a six-way head suspension system, attached to the impact
cap. The head suspension system comprises of three (3) fixed 0.75" wide nylon straps mounted at six
points on the impact liner and fastened at their intersection to form the 6-way overhead strap assembly.
The straps are attached to the impact cap by means of a rigid plastic clip that locks the straps into the
lugs of the impact cap liner. A cloverleaf crown pad shall be incorporated into the overhead strap
assembly.
SHELL RELEASE SYSTEM:
The impact liner, complete with suspension system and chinstrap assembly (as described under
"CHINSTRAP"shall be retained to the helmet shell by means of two (2) thermoplastic retention clips
mounted under the eye/face protection hardware. This design will enable the shell to be released from
the helmet when impacted from below the brim,reducing the chance of being injured by the chinstrap,
and leaving the impact cap on the wearer's head for continued thermal and impact protection.
SIZING ADJUSTMENT:
The size of the headband may be adjusted to fit the wearer's head by means of a ratchet adjustment
system. The headband is attached to the sides of the impact cap liner by four(4)flexible retention tabs.
The rear ratchet arms shall have three (3)adjustable positions so that the angle of the ratchet may be set
to accommodate the nape of the wearer's head. The headband height shall be adjustable at the front of
the helmet via a hook and look system to provide additional comfort to the wearer and maximize
compatibility with the SCBA facepiece.
The headband shall have a head size range of 6 3/8 to 8 3/4, adjustable in 1/8" increments.
COMFORT LINER:
The Traditional Fire Helmet shall have a removable comfort liner, consisting of a headband cushion
and a ratchet pad. Both components made of a foam-core laminate system, comprised of a soft black
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flame-resistant flannel material against the user's head backed by a soft loop material which will be
secured to the headband and ratchet with hook fastener. The comfort liner is machine-washable.
Options:
• Standard flannel
• Deluxe leather-lined
CHINSTRAP:
The chinstrap shall be constructed of three (3)pieces (or sections) of 3/4"wide, spun-Nomex webbing,
which are connected by a high-temperature, durable thermoplastic quick-release buckle on the left side
of the helmet, and by an optional cast zinc postman's slide buckle on the right side of the helmet. The
middle section shall be a minimum of 23" in length and the total length of the chinstrap shall be 35" at
full extension, end to end.
Option:
• Four-point chin strap
EAR/NECK PROTECTION:
The Traditional Fire Helmet provides ear and neck protection with a 7.25" wide, 19" long, full-cut
earlap with an expanded opening at the neck, making the ratchet adjustment easily accessible.
The triple-layer earlap consists of a 4.5 oz. /yd., colored Nomex outer layer, and two flame resistant
black flannel inner layers. The earlap shall be secured via two (2) Velcro tabs at either end of the top
of the earlap and one continuous length of Velcro along the top edge of the earlap. The ear and neck
protector shall be removable without interfering with the overhead strap assembly in any way and
without removing any part of the helmet suspension. The earlap shall be machine washable.
Options:
• Yellow Nomex
• Black Nomex
• PBI/Kevlar
• Bloodborne Pathogen
• Under chin extension
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RETRO-REFLECTIVE TRIM
The Traditional Fire Helmet shall have eight (8), Lime-Yellow tetrahedron shaped pieces of
retroreflective trim around the exterior of the crown of the helmet shell for maximum visibility.
Options:
• Reflexite material
• Scotchlite material with additional color options of:
o Red/Orange triple trim
o Lime yellow triple trim
EYE/FACE PROTECTION OPTIONS:
Defender®Visor
The MSA Cairns 1010/1044 Traditional Fire Helmets could have an integral visor that retracts between
the helmet shell and impact cap. The visor shall be a wrap-around design,4.5"high and 8.25"long and
have a comfort nose pad. The lens shall be coated with a scratch resistant coating on both inner and
outer surfaces to help protect it from abrasion.The lens shall be optically correct to eliminate distortion.
The lens material shall be high-performance, impact-resistant plastic. The lens shall be able to be
replaced within 15 seconds and without the use of tools(e.g.Allen wrench, screwdriver).The lens must
be retained without the use of spring-loaded mechanics or lever system.
Options:
• Clear lens
• Tuffshield (yellow tinted)
Bourke Eye Shield
The Bourke Eye Shield is comprised of two 6.5" (W) x 2.75" (L) x 0.2" (D) polycarbonate lenses that
pivot up and down at 90' simultaneously. The lenses are fastened to a single keep and cable (spring)
system that allows the two (2) lenses to move simultaneously. When not in use (i.e., up) they are low-
profile against the underside of the front brim. The entire assembly is mounted to a brass plate, which
is secured to front center brim of the helmet shell.
Faceshield and Hardware
Faceshield
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The faceshield that shall be a wrap-around, high pivot design, 4.5"wide, 18.0" long and 0.150" thick.
The lens material shall be high performance,high temperature,impact-resistant thermoplastic. The lens
shall be coated with a scratch resistant coating on both inner and outer surfaces to protect the lens from
abrasions.
Hardware
The faceshield shall be mounted to the helmet shell by means of two (2) glass-reinforced, high-
temperature and flame-resistant thermoplastic bracket assemblies, with adjustable thermoplastic knobs
one (1) on either side of the helmet shell. The brackets allow the faceshield to be raised above the
helmet shell when not in use.
Goggle System
The goggle system that shall be comprised of a high-temperature, flame- and impact-resistant goggle
lens and frame, a flame-resistant, elastic goggle strap, and a goggle retention system. Both inner and
outer surfaces of the goggle lens will have an anti-scratch and anti-fog coating. Both ends of the lens
will be reinforced with a fiberglass insulating label for extra durability at elevated temperatures. The
lens will be low profile, optically correct with a nominal thickness of 1/16". The goggle strap will
require a one-time adjustment which facilitates donning while wearing gloves.
Options:
• MSA Cairns 550 Goggle has a wrap-around strap that attaches to the back of the helmet
with a D-Ring fastener.
• ESS Innerzone 2 has a snap-on/snap-off attachment to structural helmets. The low-
profile post design works with all structural firefighting helmets.
• ESS Innerzone 3 has a wrap-around strap that attaches to the back of the helmet with
two adhesive-backed hook&loop tabs.
Proximity Fire Fighting Helmet
The Traditional Fire Helmets shall be used without a brass front holder for proximity firefighting.
The necessary components must include a proximity bonnet, a proximity shroud,and gold-plated visor.
Use of these components shall enable these helmets to be compliant with the proximity firefighting
helmet requirements of NFPA 1971: 2018.
Proximity Bonnet
The proximity bonnet shall be custom made to fit specifically over the MSA Cairns 1010 Traditional
Fire Helmet. The proximity bonnet shall consist of an outer aluminized PBI/Kevlar layer, and an inner
moisture barrier and thermal liner. The proximity bonnet, when attached to the helmet, shall allow a
faceshield to be attached to the helmet over the proximity bonnet.
45
Proximity Shroud
The proximity shroud shall be custom made to work specifically with the proximity bonnet. The
proximity shroud shall consist of an outer aluminized PBI/Kevlar layer, and an inner moisture barrier
and thermal liner. The proximity shroud, when used in conjunction with the proximity bonnet, shall
provide continuous radiant reflective protection for the head, face, and neck areas that do not receive
primary protection from the helmet or faceshield.
Faceshield
The faceshield used in the proximity system shall be a gold-coated 6" faceshield. The faceshield shall
provide radiant reflective protection to the head, face, and neck areas that do not receive primary
protection from the helmet or proximity bonnet or proximity shroud.
MAINTENANCE,REPAIR& RETIREMENT:
Upon the customer's request, training will be provided explaining the proper maintenance, repair and
retirement of the helmet.
BOOTS
NFPA 1971 and NFPA 1992 Certified
Certified to NFPA 1971, Standard on Protective Ensembles for Structural Firefighting and Proximity
Firefighting, Current Edition for Structural Fire Fighting and NFPA 1992, Standard on Liquid Splash-
Protective Ensembles and Clothing for Hazardous Materials Emergencies, Current Edition.
General Design
14 inch Pull-On athletic footwear(cement construction)boot,black flame-resistant and water-resistant
leather, double-stitched leather joining seams, hi-vis yellow and silver reflective trim, leather-trimmed
webbing pull straps, padded leather collar, padded leather flex joints in the shaft above vamp and heel,
liquid and chemical resistant breathable bootie liner, cut-resistant and thermal protective bootie-shield
liner,composite safety toe cap,composite shank,composite penetration-resistant insole barrier,molded
shin guard, flame-resistant synthetic rubber molded cup outsole and toe bumper, 3D lasting board,
molded composite heel counter, internal heel fit system, and a removable molded footbed as well an
additional insert for use in conjunction with the footbed.
Slip Resistance
Boots must exceed the minimum test values for slip resistance(average of left and right foot)as detailed
below to provide superior performance in dry,wet,and frosted ice conditions. Boots that do not exceed
these minimums in all conditions shall not be acceptable. Bidders must promptly supply a Technical
Services Report from a recognized independent testing laboratory upon request showing the boots bid
meet this requirement.
46
Test Method: VUSA TT S&C 1-18 Ed. 1 Rev. 0
Slip Resistance of Footwear and Floorings
Load=500 N
Dry Clay Quarry Tiles: Forepart> 1.00
Heel > 1.00
Wet Clay Quarry Tiles: Forepart> 0.60
Heel> 0.60
Frosted Ice-7°C Run 1: Forepart= 0.28
Heel=0.28
Frosted Ice -70C Run 4: Forepart> 0.12
Heel >0.12
For maximum slip resistance each outsole shall have Siping lines. Siping lines cut into flat areas open
up when flexed to provide additional traction on water and ice. The boot shall also include self-cleaning
lugs and an omni-direction tread pattern designed for superior performance in all terrains and when
working on ladders.
Flexibility
Boots must reach the Maximum Flex Angle of 48 degrees without exceeding the critical bending
moment with a resulting stiffness index less than 10.0 as detailed below to provide maximum flexibility.
Boots that do not meet this requirement shall not be acceptable. Bidders must promptly supply a
Technical Services Report from a recognized independent testing laboratory upon request showing the
boots bid meet this requirement.
Test Method: SATRA TM 194:2004
Longitudinal stiffness of footwear
FireStorm heather
Boots shall be made from heavy-duty, flame-resistant and water-resistant full-grain cattle hide leather
measuring 2.0—2.2 mm of thickness for durable tear and puncture resistance. Tumbled full-grain cattle
hide leather shall be utilized in collar and flex areas for mobility. The leather shall be chrome tanned
to withstand high temperature with minimal shrinkage, re-tanned to impart water resistance and low
water absorption, and finished to retain maximum breathability. Leather shall meet or exceed the
following physical tests:
47
Water Penetration ASTM D2009 15,000 flex minimum
Dynamic Water Absorption ASTM D2009 15%maximum
Static Water Absorption ASTM D6015 30%maximum
Slit Tearing Strength ASTM D2212 30 pound minimum
Moisture Vapor Transmission ASTM D5052 350 g/meter2/24 hours minimum
Flame Resistance NFPA 1971 afterflame no more than 2.0 see, not melt or drip,no burn through
t
CROSSTECH®Footwear Fabric
A full-height, full sock,bootie liner made from a package of Omaha lining fabric, 300g felt insulation,
and CROSSTECH® moisture barrier shall be provided for a liquid resistant and breathable moisture
barrier as well as thermal protection as defined by the specified NFPA standards.
Athletic Footwear (Cement) Construction Outsole
For optimum flexibility, comfort, and weight reduction, the boot shall include a VIBRAM® Synthetic
Rubber Sculpted, Contoured Cup Outsole cemented to the bottom and sides of the upper using a 2-part
cross-linking adhesive that forms a bond stronger than the materials it attaches. The outsole must be
made from flame, abrasion, oil, acid, and slip resistant compound engineered for high-traction, cold-
weather resistance, and durability. Goodyear welt or direct attach construction methods will not be
acceptable.
Bootie-Shield Liner
A protective bootie-shield of KEVLAR® fiber blend stitchbonded non-woven batting weighing 4.0
oz./yd2 shall be positioned between the leather shell and the CROSSTECH® moisture barrier bootie to
provide abrasion and cut resistance and additional thermal protection. Boots that do not have an
additional Flame Resistant (FR) protective bootie-shield between the leather shell and the
CROSSTECH°moisture barrier bootie shall not be acceptable.
Composite Safety Toe Cap
The safety shall consist of a composite material that is lighter than steel, does not transmit heat or cold,
and will spring back to shape after impact. Must exceed NFPA standards for safety. Metal toe caps
shall not be acceptable.
48
Padded Leather Collar
The padded collar shall have a rolled top edge formed by folding over the leather to help the boots slide
against the pants liner and reduce the potential for the pants liner to hang up on the top of the boots as
well as to reduce abrasion against the wearer's calf.
Composite Penetration Resistant Insole Barrier
Penetration resistance shall be provided by a composite insole to maximize flexibility and insulate from
heat or cold transmission. Must exceed NFPA standards for safety. Metal plates shall not be acceptable.
3D Composite Lasting Board
Boot uppers shall be lasted to a molded and contoured dual-density lasting board with a built-in flex
zone in the forefoot and a torsionally stable heel. Flat fiber lasting boards shall not be acceptable.
Composite Shank
The shank shall consist of a composite material that is lighter than steel, does not transmit heat or cold,
and springs back to shape better. Metal shank shall not be acceptable.
Molded Heel Counter
Boots shall have a molded heel counter of water-resistant composite material individually molded to fit
each size perfectly. Leather or fiber board heel counters shall not be acceptable.
Padded Shin Guard
Boots shall include a padded composite shin guard to provide extra protection when working on a
ladder. Moisture absorbing natural fiber padding shall not be acceptable.
Synthetic Rubber Toe Bumper
Boots shall have a molded Flame Resistant (FR) synthetic rubber toe bumper to provide abrasion
resistance when crawling. The toe bumper shall be cemented and 2-needle stitched to the vamp.
3M SCOTCHLITETM Reflective Material
Boots shall have a flame-resistant fluorescent yellow and silver 3M SCOTCHLITETM reflective
material sewn to both sides of the shaft for added visibility.
Webbing Pull-Straps
Boots shall have NOMEXO webbing pull-straps with leather trim securely attached to the leather uppers
by inserting into to collar seam to minimize stitching through the leather.
49
Internal Fit System
Boots shall have an anatomical foam insert wraps around the top and sides of the heel with an opening
to fit and hold the back of the heel securely while cushioning the ankle.
3D Molded Footbeds System
Boots shall have a removable urethane foam footbed. The footbeds are contoured to cradle and cushion
the bottom of the foot and to provide arch support. The footbeds shall have a moisture-wicking and
anti-microbial fabric top layer. A second pair of 3D molded footbeds that are thicker in the forefoot is
provided with every pair for a custom fit. This thicker footbed provides a snugger fit.
Sizes
Boots must be available in Men's full sizes 5— 18 and half sizes 5 I/2 — 15 %2 in Narrow,Medium,Wide,
and X-Wide widths. Boots must also be available in a Wide Calf model in the same size range that will
provide an additional 3 inches in circumference at the calf to fit those with larger calves. Boots must
be available in Women's full sizes 5 — 1*2 and half sizes 5 '/2 - 11 '/2 in Narrow, Medium, Wide, and X-
Wide widths.
Resoling Service
The winning vendor shall have resoling services available at their factory as needed.
Country of Origin
Boots shall be manufactured in the United States.
Third Party Testing and Listing Program
The footwear shall be tested for compliance to NFPA Standard 1971 and 1992 by a recognized
independent testing lab which shall certify and list compliance to that standard. Such certification shall
be denoted by the independent testing labs mark on the certification label affixed to the boots.
Labels
Appropriate warning label(s) shall be permanently affixed to each boot. Additionally,the label(s) shall
include the following information:
® Compliance to applicable NFPA Standard(s), current edition(s)
® Independent Testing Lab marls
® Manufacturer's name
50
® Manufacturer's address
® Manufacturer's boot identification number
® Date of manufacture
® Size
ISO Certification/Registration
The manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactory level
of quality.
Warranty
The manufacturer shall warrant these boots to be free from defects in materials and workmanship for
one year when properly used and cared for.
Sized by Vendor
The vendor shall be available to perform all sizing requirements.
PPE Record Keeping
The manufacturer shall make available at no-charge, a password protected data based backed website
that allows all brands of PPE assets to be recorded. The website shall have the functionality to allow
the manufacturer to import all of the pertinent data into the department's account so that the initial data
entry by fire department personnel is eliminated.
The website shall allow for the department to use a barcode scanner, if desired, to scan the Interleaved
2 of 5 barcode found in the gear by going to the Search the Serial Number page in PPE record keeping
program, and scanning the asset's barcoded serial number.
Exceptions to Specifications
Any and all expectations to the above specifications must be clearly stated for each heading. Use
additional pages for exceptions, if necessary.
GLOVES
General Design
Gloves shall be of Gunn cut pattern. Glove palm shall be made with (3.0 oz. —3.5 oz.) EVERSOFT®
cow leather tanned with additives to stay soft when wet and provide low water absorbance. The back
shall be (3.25 oz. — 3.75 oz.) smooth grain Flexor cow leather. Each glove has a girdle sewn into the
palm for positive grip and a reinforced thumb. Welts are sewn into the middle and ring fingers for extra
51
seam strength. A layered nonrestrictive leather knuckle guard shall be sewn across the knuckle area.
Knuckle guard shall have Fire Hog logo. Thread shall be 100%Kevlar.
The moisture barrier shall be breathable and waterproof Pyrotect barrier.Barrier material shall be 100%
waterproof and provide viral/chemical penetration resistance and blood borne pathogen protection. To
provide greater liner retention, reduce bulk in finger tips, and improve haptic feedback, a breathable
adhesive shall be used in place of tip-tape to ensure full liner/barrier glove bonding.
Liner shall be full sock design made of 6 oz. no drip,no melt, FR modacrylic.
Glove shall be available in a gauntlet model or with 4" black 100%Nomex knit cuff with leather pull
patch and hang up loop. The gauntlet style has a 1-inch leather cuff hemmed over the top of the glove.
Each glove shall be labeled in accordance with NFPA 1971, 2018 or current edition, labeling
requirements including, date of manufacture and certification organization mark. The glove label shall
include a two dimensional bar code with lot number and individual identification number to facilitate
tracking. The label shall be tagless design attached to the inner cuff of each glove. The label shall be
heat set and sewn on top and bottom for added durability. (Note: On gloves with the 4"Nomex cuff the
label is heat set only to the knit wrist).
Gloves shall be available in the following stock sizes: (NFPA Standard 1971, 2018 or current edition)
• 58N (normal) =X Small
• 64N (normal) = Small
• 70N (normal) =Medium
• 70W(wide) =Medium Wide
• 76N (normal) =Large
• 76W (wide) =Large Wide
• 82N(normal) =X Large
• 82W(wide) =XX Large
Gloves shall be warranted against liner pull out for one year.
Gloves shall be certified to NFPA Standard 1971, 2018 or current edition and manufactured in the
United States.
HOOD
COBRATM ULTIMATETm HOOT)
52
Style#3049298 Material: Carbon ShieldTM
Arc Rating: 23.3 HRC Rating: 2
DESIGN: Extra Long Double ply hood throughout
• X-Long length covers chest, shoulders and shoulder blades
• Flat-stitched seams
•X-heavy 1/2"wide elasticized face opening.
• Cover stitched bound drape
• Double-ply hood throughout
•UL Classified to NFPA 1971: Standard on Protective
Ensembles for Structural Fire Fighting and Proximity
Fire Fighting—Current Edition
FABRIC:
• Both outer shell and lining are a blend of Carbon/High Strength Aramid -
approx. 6.5 oz sq yd.
• 1 x 1 rib knit fabric - knit to allow approx. 130% stretch for maximum
stretch and recovery.
• Calendared to minimize laundry shrinkage.
STITCH TYPES AND SEAMS:
•All stitching conforms to federal Standard 751
Specifications (FEDSTD-751).
• Major seams are flat seam assembled, stitch type 607.
• Drape attachment to top is done with stitch type 401 and reinforced with
stitch type 605
• Elastic in face opening is erged in with stitch type 503 and reinforced
with bottom cover-stitch, stitch type 406.
53
• Binding is applied with bottom cover-stitch, stitch type 406.
THREAD:
All seams are sewn with 100%Nomex thread size Tex 40.
CONSTRUCTION:
• Composed of two layers throughout.
• For a contoured fit the hood is seamed from top of face opening to back
of head.
• Face opening is circular in shape and serged with x-heavy duty '/2"wide
elastic around the perimeter. The elastic is then folded back'/2" and
cover stitched. The face opening stretches a full 16" (which is 25%more
than conventional hoods) for easy donning and a snug fit around face of
SCBA mask. Face opening maintains original shape after
repeated launderings.
• The bottom edge of hood is bound with self-material bias binding.
• Gusset added at side seams to provide complete shoulder coverage and
smoother drape.
PRODUCT SPECS
FINISHED HOOD MEASUREMENTS:
Size: One size hood fits all.
Labeling and User Information:
Each hood is clearly labeled to identify material contents,NFPA
acceptance, UL Classification, Date of Manufacture, and Care Instructions.
Included with each hood is a complete users information guide.
Meets or Exceeds Industry Standards
UL classified to meet or exceed NFPA 1971 - Current Edition; Compliant
54
with CAL-OSHA, Sections 3406 and 3410(d) and OSHA Rule 29 CFR, Part
1910, 269. Compliant with NFPA 70E Current Edition and meets
performance specifications of ASTM-F-1506. ARC Rating: 23.3 - Hazard/
Risk Category: 2.
1. Face opening is circular and measures between 4.6" to 5.6" in diameter.
2. Length of hood below face opening approx. 12".
3. Length of hood at side from top to bottom approx. 17".
4. Length of hood at front and back from top to bottom approx. 19'/Z".
5. Length of hood at front top to bottom approx. 20".
All proposals must include specific pricing for each component and style
Item Price
Pants Nobe (ors-ts $
Coat iche. 0-00-ts $lZ , 3� �� Q
,V- `, e C ( � i C 0A C�
Any itemized option for PPE or
Equipment $
0% off L 1-6-� Pr c_t
Helmet A CA i(?-N S l 0 1 D $
Helmet B CPli�zi-ts ( Z)H y $
e-Fe rye(- —\::)e- 1 v. e a M7 . 00
Helmet C i v N 5 P :n;+ $
Gloves e i Gt i Cry $
Cire.. VA Z) � H � 0
Hood -pb t A 6®tick2q�6 $
D y �
Boot (�Cohc -bu'p6-ct'`�ic $ - j
lab®"00
Suspenders (obe, $
55
Proposal $!radin2:
Initially all proposals will be evaluated to ensure that they meet the RFP. All proposals that meet the
RFP shall be prepared to provide an onsite demonstration of their product. After the demonstrations
are complete we may require a test set of PPE to be provided at no charge for evaluation purposes.
The grading criteria for the proposal are as follows:
Low 1 2 3 4 High 5 %
Price point 10
Vendor past performance 15
Ability to meet the needs of this
contract 10
Ability to provide PPE in a timely
manner 5
User evaluation 60
56
N ITTI I KIC L N H I L L 5
City of Choice
September 23, 2022
CA O INDUSTRIES, INC,
1517 W. N. Carrier Pkwy
Suite H 8
Grand Prairie, TX 75050
iL,;,sieL&c,i,scoiiidustrie,,,coiii
Re: 20-026 FIRE FIGHTING CLOTHES/BUNKER GEAR
Dear Mr. Gentry,
Referenced contract was for one (1) year(s) with four(4) option(s) to renew for an
additional twelve(12) months. The original contract was for the period of November 6,
2020 through November 5, 2021. The effective dates for the second renewal option will
run from November 6, 2022 through November 5, 2023,
The North Richland Hills Purchasing Department hereby extends an invitation to Casco
Industries, Inc. for an additional one (1)year period for this contract as awarded on
November 6, 2020. Please mark the appropriate response below and provide your
signature above your printed name. All prices must remain firm for the option renewal
period through November 5, 2023.
Ll Yes, Casco Industries, Inc., will accept the offer to extend the same contract pricing
through November 5, 2021
K Yes, Casco Industries, Inc, will accept the offer to extend the contract through
November 5, 2023, but with the attached price changes,
F] No, Casco Industries,, Inc, will NOT accept the offer to extend the contract.
Please email response to skendall,Libralux,com ASAP,
Sincerely, Dig ita I ly signed ned by Scott
Scott Kendall
Kendall
14:55:28-05'00'
Scott Kendall Jessie D Gentry
Purchasing Manager Casco Industries, Inc.
11INDLOSTIR III ES, UNC-
Contract#20-026
To whom it may concern:
This document shall represent an official request for increase of the costs associated with the
North Richland Hills Fire Department's Structural Firefighting Clothes / Bunker Gear. The
increase to the current contract occurred due to the annual manufacturers rise in costs. Please
see below for the requested increase in costs for Contract # 20-026 for the annual period
beginning November 6th, 2022 thru November 5th 30, 2023
1. Structural FF Pants (GXT 43253-F)
a. Current $1300.10 & Requested Increase $1418.40
2. Structural FF Coats (GXT 33253-F)
a. Current $1501.35 & Requested Increase $1619.40
3. Any Itemized option for PPE or Equipment (30% off List)
4. Helmet A (CAIRNS 1010 DELUXE)
a. Current $325.35 & Requested Increase $379.20
5. Helmet B (CAIRNS 1044 DELUXE)
a. Current $301.50 & Requested Increase $357.00
6. Helmet C (Proximity Bonnet & Shroud)
a. Current $686.55 & Requested Increase $808.10
7. Gloves (Veridian Fire Hog)
a. Current $67.80 & Requested Increase $82.30
8. Hoods (PGI 3049298)
a. Current $33.05 & Requested Increase $38.20
9. Suspenders (GXT 800621)
a. Current $38.50 & Requested Increase $38.50
10. Boots (1201400 SUPREME)
a. Current $398.00 & Requested Increase $469.20
Please let me know if you have any questions.
Thank you,
ry
N
Jessie Gentry
CASCO INDUSTRIES, INC 1517 W CARRIER PARKWAY, SUITE 118 09-29-22
607 W.62nd Street (318)865-5107 P.O.Box 8007
�rel'
HEADQUARTERS:SHREVEPORT,LA 71148-8007 SERVING NORTH TEXAS
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillilillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillI
ACCOUNT: 20752 SHIP TO: North Richland Hills City Hall(LOGISTICS)
SOLD TO: North Richland Hills Fire Department 4301 City Point Drive
4301 City Point Drive North Richland Hills,TX 76180
North Richland Hills,TX 76180 FIRE DEPARTMENT
ATTN: Jase Smith ATTN: Jase Smith
PHONE: 817-781-3421 PHONE: 817-781-3421
EMAIL: ibsmith@nrhfd.com EMAIL: ibsmithC nrhfd.com
CREDIT CARD: CUST PO NUMBER SALES REP ID SALES REP#
NAME/EXP DATE DIST 189 Jed 09311111113
NUMBER/CODE/ZIP TERMS FREIGHT DATE FORM TYPE
TRANSACTION ID# 30 ADD 9/14/2023 QU.119 1111IIii;
ITEM LOC DESCRIPTION CITY SHIPPED PRICE AMOUNT
1 Globe Gxtreme Coat $ 9 $ 1,619.40 $ 14,574.60
Agility Light Gold/Caldura Nano/Crosstech Blk $ $ - $ -
2 $ $ - $
Globe GPS Pant w Escape Belt $ 9 $ 1,418.40 $ 12,765.60
Agility Light Gold/Caldura Nano/Crosstech Blk $ $ - $ -
$ $ $
$ $ $
$ $ $
ADDITIONAL COMMENTS BELOW DISTTOTAL: $ 27,340.20 Subtotal $ 27,340.20
Freight added upon delivery.Buyboard 698-23 Tax $ -
ADD Freight $ -
TOTAL $ 27,340.20
Quote is good for 30 days.Please review our Return and Payment Policies at www.cascoindustries.com/policies
"PROVIDING PROTECTION FOR THOSE WHO PROTECT US" Page 1
CERTIFICATE OF INTERESTED PARTIES FORM 129
Contpkrte Nos.1-4 and fi If there are interested parties. OFFICE USE ONL
Complete Nos,1.2.3,5,and 16 it there are no interested parties. CERTIFICATiOhl'OF FILING
1 Name of business entity filing form,and the cfty,state and country of the business entity's place Certificate Number:
of business, 2023-10744' a
Cason Industries,Incorporated
Grand Prairie,TX United States Date Filed:
Name ol governmental l eint t'y orstate agency that Is a party to the contraxct air wh0i t a form as 0,9121/2023
being filed'.
North Richland Hills Fite Department fate AlcltnovAedged:
Provide the identification number used by the governmenmi entity or state agency to trerk or Identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
22-02B
FIREFIGHTING CLOTH IBI NKER GEAR-RENEWAL
Nature of interest
4
Name of Interested Party City,state,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there Is NO Interested Party. FXJ
6 UN5tNORN DECLARATION
My name Is and my abate of birth Is �*
My address is / &TZ
(street) (clay) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing Is true and correct.
»
Executed In 1wilas County, State of r on the2.L—da,y of 2011.
(aruarrth) (yearli
Signature of aurtlaorized cogent o ao tracting businessentity(tclsrerrM)
Fauns provided by Texas Ethics Commission .cthIcs.state,.t .us, Version V „5,1.Sgg23476
"I r*4w
NOLa`C`H KIC"HLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: September 25, 2023
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:
National Night Out is coming up on Tuesday, Oct. 3. If you will be hosting a National
Night Out block party, please register your event in advance so city officials can plan to
attend. You can find more information on the city's website.
If you're looking for amazing discounts on books, check out the Friends of the NRH
Library's Book Sale on Saturday, Oct. 7. The event will run from 10 a.m. to 2 p.m. in the
Library's Community Room. All proceeds support the Friends of the NRH Library's
mission to enhance literacy events and services.
Live music returns to our City Hall Plaza with 2 free concerts this October. Join us
Saturday, Oct. 7 for the Motown sounds of Memphis Soul, plus a video light show by
Lightware Labs. On Thursday, Oct. 12 the Stevie Ray Vaughan Tribute band Texas
Flood will perform. Please visit the city's website for more details.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
Jed Boyd, Dalton Wood, Tom Fitzmaurice, Josh Hanson and Brian Martin in the
Fire Department —We received a note of thanks from a resident about the team who
responded to his emergency medical call. He stated that his family believes NRHFD has
the best, highest trained and most professional firefighters and paramedics ever. He
appreciated their caring concern and the outstanding quality of employees who work for
NRH.