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CP 2008-01-22 NOTICE OF CITY COUNCIL MEETING AND AGENDA JANUARY 22, 2008 DOUG STOVER, BRIANNA HINOJOSA-FLORES, Place 3 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5 JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6 MARSHA TUNNELL, Place 4 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, January 22, 2008, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION 1. Call to order. ag012208 Page 1 of 6 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045- 107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. B. Section 511.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding land sale west of Denton Tap south of Bethel Road. 2. Discussion regarding Right-of-Way Acquisition. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Safelight Coppell Demonstration. B. Status Report on Senior Center. C. Discussion regarding Joint Meeting for January 29. D. Discussion of Agenda Items. Adjourn Work Session. PUBLIC ANNOUNCEMENTS Public Service Announcements concerning local civic events and no Council action is required or permitted. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. ag012208 Page 2 of 6 ITEM # ITEM DESCRIPTION 6. Pledge of Allegiance. 7. Report by Economic Development Committee. 8. Citizens' Appearances. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: January 8, 2008. B. Consider approval of signing an Interlocal Agreement between City of Coppell and North Central Texas Council of Governments regarding advertising at a discounted rate and authorizing the Mayor to sign. C. Consider approval of an Interlocal Agreement between the City and Northwest Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II Storm Water discharge compliance; and authorizing the Mayor to sign. D. Consider a Resolution to adopt a Storm Water Management Plan (SWMP) for the purpose of meeting compliance goals of the new TCEQ Phase II Municipal Storm Water requirements; and authorizing the Mayor to sign. E. Consider approval for the procurement of one (1) Brush/Quick Response Vehicle and Equipment through BuyBoard from Martin Apparatus, Inc. in Denton, Texas for the amount not to exceed $93,488 and a BuyBoard fee of $1,500, as budgeted in the Motor Vehicle Fund in the Fire Department Capital Outlay; and authorizing the City Manager to sign all required documents relative to the purchase. END OF CONSENT 10. Consider approval of an ordinance approving the Settlement Agreement with Atmos Energy Corp., Mid-Tex Division regarding the statement of intent to change gas rates within the corporate city limits of the City of Coppell; and authorizing the Mayor to sign. ag012208 Page 3 of 6 ITEM # ITEM DESCRIPTION 11. Consider approval of an Engineering Services contract amendment in the amount of $147,600 for a contract approved on December 12, 2000 with Teague Nall & Perkins, Inc.; for additional services related to the design of improvements to West Sandy Lake Road from Coppell Road to Denton Tap Road; and authorizing the City Manager to sign. 12. Consider approval of an Engineering Services Contract with Halff Associates, Inc. to provide professional engineering and design services for the Southwestern Boulevard Infrastructure Improvements (from Coppell Road South to east of Grapevine Creek), Project #ST 07-01; for a total fee of $165,000.00; as provided for in CIP funds; and authorizing the City Manager to sign. 13. Consider approval of a Resolution calling the Regular Municipal Election for Councilmembers Place 1, 3, 5 and 7 for Saturday, May 10, 2008; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the Mayor to sign. 14. Mayor and Council Reports. A. Report by Mayor Stover regarding condolences to Jayne and Corinne Peters. B. Report by Mayor Pro Tem Hinojosa-Flores regarding Metroplex Mayors’ Meeting. C. Report by Councilmember Faught regarding former Councilmember Walter Pettijohn. 15. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Peters and Faught. C. Coppell Seniors – Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition – Councilmember Peters. E. Economic Development Committee – Mayor Pro Tem Hinojosa- Flores and Councilmember Franklin. F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. H. Metrocrest Medical Foundation – Councilmember Tunnell. I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. ag012208 Page 4 of 6 ITEM # ITEM DESCRIPTION L. NTCOG/Regional Emergency Management – Councilmember Franklin. M. North Texas Commission – Councilmember York. N. Senior Adult Services – Councilmember Faught. 16. Necessary action resulting from Work Session. 17. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 18th day of January, 2007, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. ag012208 Page 5 of 6 PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag012208 Page 6 of 6 KEY TO COUNCIL GOALS ICONS 2007 — 2012 Maintain Sustainable, Financially Sound City Government with Excellent Services • Maintain quality customer service resulting in 90+% customer satisfaction ratings • Ensure adequate resources to support defined services and service levels • Retain reserves consistent with city policy • Invest in the city’s future: operations & capital • Ensure residents are aware of city vision, goals, services and programs Develop & Revitalize Commercial Areas & Corridors • Continue development: corporate offices and major distribution businesses • Revitalize aged or deteriorating strip centers • Maintain and expand business tax base • Develop a quality hotel serving residents and guests • Retain and support expansion of current businesses located in Coppell Maintain & Upgrade City Infrastructure • Maintain and improve quality of roads, alleys, and sidewalks • Improve quality of storm water management systems • Improve and maintain quality of city facilities • Facilitate efficient traffic flow within and through the city • Improve municipal utilities where necessary and maintain existing Develop an Alive Old Coppell – A Community Destination • Develop a community destination: residents think of Old Coppell as a place to go • Attract small, niche retail businesses • Attract more restaurants • Maintain and expand the Farmers’ Market • Attract non-residents to come and return for dining, shopping and entertainment Maintain Attractive, Livable Neighborhoods with Quality Homes • Protect the integrity and identity of current neighborhoods • Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes) • Maintain and increase property values in older homes • Have infill developments that add value to the neighborhood • Have a high percentage of owner-occupied single-family homes Create a City for a Lifetime • Provide leisure and recreational opportunities for all family generations • Maintain a reputation as a safe community for all • Have all generations and diverse populations feel welcome • Maintain top quality schools in partnership with ISD’s • Rejuvenate community events with a high level of participation AGENDA REQUEST FORM DATE: January 22 2008 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. Discussion regarding Streamlined Sales Tax. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Discussion regarding land sale west of Denton Tap south of Bethel Road. 2. Discussion regarding Right-of-Way Acquisition. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn DATE: January 22, 2008 ITEM #: WS-3 WORK SESSION A. Safelight Coppell Demonstration. B. Status Report on Senior Center. C. Discussion regarding Joint Meeting for January 29. D. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn AGENDA REQUEST FORM WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary January 22, 2008 7 ✔ REPORT Report by the Economic Development Committee. The semi-annual report will be made by a member of the Economic Development Committee. No action necessary on this item. %boardreport AGENDA REQUEST FORM DATE: January 22, 2008 ITEM #: 8 CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %citapp.doc WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secretary January 12, 2008 9/A ✔ PROCEDURAL Consider approval of minutes: January 8, 2008. Minutes of the City Council meeting held on January 8, 2008. Staff recommends approval. %minutes MINUTES OF JANUARY 8, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, January 8, 2008 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Brianna Hinojosa-Flores, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember (late arrival) Billy Faught, Councilmember Marvin Franklin, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. Discussion regarding Streamlined Sales Tax. B. Section 551.087, Texas Government Code – Economic Development Negotiations. Cm010808 Page 1 of 8 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. C. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manager Evaluation. Mayor Stover convened into Executive Session at 5:43 p.m. as allowed under the above-stated article. Councilmember Tunnell arrived during Executive Session. Mayor Stover recessed the Executive Session at 6:37 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Safelight Coppell Demonstration. B. Discussion regarding revisions to Sec. 6-15-6, Temporary (on-premise) signs. C. Discussion regarding Stormwater Management Plan. D. Christmas Parade Review. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Jennifer Scott of First Methodist Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Presentation by City Staff and Kasner and Associates regarding the Impact of proposed Streamlined Sales Tax Legislation. Cm010808 Page 2 of 8 Presentation: Chad Beach, Assistant Finance Director, and Kyle Kasner, Kasner & Kasner Associates, made a presentation to Council regarding Streamlined Sales Tax. Jim Witt, City Manager, answered questions from Council. 8. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 11, 2007. B. Consider approval of a grant agreement between the City of Coppell, The Coppell Education Development Corporation and the Lewisville Independent School District in the amount of $9,660.00 and authorizing the City Manager to sign. C. Consider approval for the procurement of two 2008 Chevrolet HD2500 Silverados and one 2008 Chevrolet HD2500 Crewcab CC20943 through Buy board from Caldwell Country Chevrolet for the amount not to exceed $92,238.00, as budgeted in the Motor Vehicle Fund in the Parks and Ballfields Capital Outlay; an authorizing the City Manager to sign all required documents relative to the purchase. D. Consider approval of an Ordinance for Case No. PD-232-C, Chicken Express, zoning change from C (Commercial) to PD-232-C (Planned Development 232-Commercial) to allow the construction of a 3,348-square-foot freestanding restaurant with drive-thru, drive-in and eat-in service on approximately 1.1 acres of property located on the north side of E. Belt Line Road, approximately 175 feet east of S. Denton Tap Road and authorizing the Mayor to sign. Cm010808 Page 3 of 8 END OF CONSENT Action: Councilmember Peters moved to approve Consent Agenda Items A, B, C, and D, carrying Ordinance No. 91500-A-489. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of Case No. PD-228R-HC, Bank of America zoning change request from PD-228-HC (Planned Development- 228-Highway Commercial) to PD-228R-HC (Planned Development-228 Revised-Highway Commercial) to attach a Detail Site Plan to allow the development of a 4,634-square- foot bank with five drive-thru lanes on 1.028 acres of property located at the northeast corner of S.H. 121 and Denton Tap Road. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Joshua Griffith, applicant, addressed the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. PD-228R-HC, Bank of America zoning change request from PD- 228-HC (Planned Development-228-Highway Commercial) to PD-228R- HC (Planned Development-228 Revised-Highway Commercial) to attach a Detail Site Plan to allow the development of a 4,634-square-foot bank with five drive-thru lanes on 1.028 acres of property located at the northeast corner of S.H. 121 and Denton Tap Road, subject to the following conditions: Cm010808 Page 4 of 8 1) Dimension total length of landscape area in front of drive-thru lanes. 2) That the applicant looks to reduce the landscaping shortage to within 500 feet of code by using the following range of options: a. A lane reduction from five to four lanes. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 11. Consider approval of an ordinance establishing a Crime Control and Prevention District; providing for the adoption of a Crime Control Plan and Budget; establishing a method for the appointment of a Crime Control Board; providing a sunset provision; and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Action: Councilmember Franklin moved to approve Ordinance No. 2008-1189 establishing a Crime Control and Prevention District; providing for the adoption of a Crime Control Plan and Budget; establishing a method for the appointment of a Crime Control Board; providing a sunset provision; and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 12. Consider a resolution casting its vote for the fourth member of the board of directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to the Council. Cm010808 Page 5 of 8 Action: Councilmember York moved to approve Resolution No. 2008-0108.1 casting it’s vote for Scott Wheeler for the fourth member of the board of directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers Peters, Tunnell, Faught, Franklin and York voting in favor of the motion. 13. Mayor and Council Reports. A. Report by Mayor Stover regarding New Technology/Academy High School choice for CHS Students. B. Report by Mayor Pro Tem Hinojosa-Flores regarding Metroplex Mayors’ Meeting. A. Mayor Stover and Mayor Pro Tem Hinojosa-Flores were among the few invited to view one of the technology academies in action in California. They were highly impressed and excited for Coppell ISD to open one next year for incoming freshmen and sophomores. Informational sessions will be held and can be found on the Coppell ISD’s website. B. Mayor Pro Tem Hinojosa-Flores attended the Metroplex Mayors’ Meeting and listened to speakers from the North Central Texas Council of Government. They discussed needed improvements in terms of transportation, air and water quality, and education. They encouraged all cities to come together and to become prepared. At this time, Council reconvened into Work Session. WORK SESSION (Open to the Public) Reconvene Work Session B. Discussion regarding revisions to Sec. 6-15-6, Temporary (on-premise) signs. C. Discussion regarding Stormwater Management Plan. D. Christmas Parade Review. E. Discussion of Agenda Items. Cm010808 Page 6 of 8 EXECUTIVE SESSION (Closed to the Public) Reconvene Executive Session F. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. The City of Coppell and Coppell Independent School District opposition to a change of zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway Business Center VI, et al in the County Court at Law No. 3; and CB Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et al vs. City of Dallas, et al in the 101st District Court. 2. Discussion regarding Streamlined Sales Tax. G. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road. H. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manager Evaluation. Mayor Stover reopened the Executive Session as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 9:45 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) 14. Necessary action resulting from Work Session. There was no action necessary under this item. 15. Necessary action resulting from Executive Session. There was no action necessary under this item. Cm010808 Page 7 of 8 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary Cm010808 Page 8 of 8 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Human Resources January 14, 2007 9/B ✔ CONTRACT/BID or PROPOSAL Consider approval of signing an Interlocal Agreement between City of Coppell and North Central Texas Council of Governments regarding advertising at a discounted rate and authorizing the Mayor to sign. The North Central Texas Council of Governments has undertaken an Interlocal Agreement with the Dallas Morning news that will allow the City of Coppell and other municipalities to purchase advertising at a discounted rate. The agreement will combine resources from several municipalities in the area to achieve a larger total contract amount with the Dallas Morning News and will subsequently reduce the "by line" advertising costs for all involved. The Human Resources Department has pledged $50,000.00 from the Advertising Line Item of our departmental budget as our level of participation. Our current rate for advertising with the Dallas Morning News is approximately $20.00 per line. Our involvement with the agreement will drop that rate to approximately $5.00 per line. Funds for advertising have been budgeted in the Human Resources Advertising line item. (01-06-01-4250) Staff Recommends Approval &COGInternlocal-1AR INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR CLASSIFIED ADVERTISING THIS INTERLOCAL AGREEMENT (“Agreement”), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the “Act”), by and between the North Central Texas Council of Governments, hereinafter referred to as “NCTCOG,” having its principal place of business at 616 Six Flags Drive, Arlington, Texas 76011, and The City of Coppell, a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as “Participant,” having its principal place of business at 255 Parkway Blvd Coppell, Tx 75019. W I T N E S S E T H WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on *January 22, 2008, and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non- profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: BILLINGS Participant will be billed directly for classified ads placed. The Participant is responsible for total committed dollars,. Any ads placed above the predetermined number shall be pre-approved by Dallas Morning News. All amounts payable are due based on the terms of the invoice and will comply with the terms of the Texas Prompt Payment Act (See Attachment A). ARTICLE 5: PAYMENTS Participant agrees to pay the NCTCOG an annual administrative fee of $350 to fully execute the interlocal agreement. Upon delivery of services purchased, and presentation of a properly documented invoice, the Participant shall promptly based on the terms of the invoice, pay Dallas Morning News the full amount of the invoice. All payments for services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability to the Participant for any services Participant procures through NCTCOG. Payments under this Contract shall be paid solely from funds provided by local governments to NCTCOG for the specific purpose of funding activities related to this Contact. Except as provided above, there shall be no obligation whatsoever to pay for performance of this Contract from the monies of NCTCOG (See Attachment B). (over) ARTICLE 6: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program to be performed hereunder. ARTICLE 7: TERMINATION PROCEDURES This contract will be automatically extended from year to year unless either party gives notice of intent to terminate agreement thirty days prior to the end of the current term. NCTCOG or the Participant may cancel this Agreement at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligations of the Participant, including its obligation to pay Dallas Morning News for all costs incurred under this Agreement prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the Participant. ARTICLE 8: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 9: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with NCTCOG. ARTICLE 10: VENUE Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: *Denotes required fields NOTE: Facsimile copies of this document shall not be acceptable as ORIGINALS. Interstate v1 rev. 10/05 * City Of Coppell Name of Participant * 255 Parkway Blvd Mailing Address *Coppell Tx 75019 City State ZIP Code *By: Signature of Authorized Official * Doug Stover Doug Stover * Mayor Date North Central Texas Council of Governments 616 Six Flags Drive, Arlington, Texas 76011 *By: Signature of Authorized Official * Typed Name of Authorized Official * Typed Title of Authorized Official Date INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR CLASSIFIED ADVERTISING Calendar Year 2008 ATTACHMENT A Name of Entity: City of Coppell Total Investment: $ 50,000.00 Number of hotjobs.com postings for CY 2008: 0 (these will be “internet only” ads and not run in the paper) Participant will be billed directly for classified ads placed. The Participant is responsible for total committed dollars. Any ads placed above the predetermined number shall be pre-approved by Dallas Morning News. All amounts payable are due based on the terms of the invoice and will comply with the terms of the Texas Prompt Payment Act. The Dallas Morning News will provide Participant with monthly revenue updates summarizing the advertising revenue spent by Participant. If during the contract period, Participant does not achieve the contracted dollar volume level specified above, Participant will be billed and agrees to pay the difference between the amount billed at the discounted rate for the contracted dollar volume level and amount that would have been billed at the rate for the actual dollar volume level. Such amount will be due and payable immediately upon receipt of the invoice. Participant agrees to pay the NCTCOG an annual administrative fee of $350.00 to fully execute the interlocal agreement. Upon delivery of services purchased, and presentation of a properly documented invoice, the Participant shall promptly, based on the terms of the invoice, pay Dallas Morning News the full amount of the invoice. All payments for services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability to the Participant for any services Participant procures through NCTCOG. Entity Representative: Justin Vaughn Initials: Please Print NCTCOG Representative: Initials: Please Print INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR CLASSIFIED ADVERTISING Calendar Year 2008 ATTACHMENT B FURTHER CONDITIONS OF THIS AGREEMENT 1. The Publisher reserves the right to edit or reject any advertising tendered under this contract. 2. Payment by Participant must be made in Dallas, Texas, and shall be made not later than the 15th of the month for space billed in the preceding calendar month. The Publisher and Participant agree that this contract is performable in Dallas County, Texas. Any amount not paid in full by the due date will be considered overdue and will be collected and accrue interest in accordance with the Texas Prompt Payment Act. 3. The rates of Publisher as set forth in this Agreement are based upon an assumed classification for the advertising being placed. If at any time the Publisher determines that the advertising being placed does not qualify for the rates set forth, then Publisher shall notify Participant that any further inserts run pursuant to this agreement shall be run at a revised rate. Participant agrees to pay to Publisher the revised rate for any insertions run after Participant has received notice that the rate has been revised and has been advised of the amount of the revised rate. If the Participant chooses not to pay the revised rate, then the Participant must so advise Publisher before any additional insertions are run. If the Participant gives notice to Publisher that Participant will not pay the revised rate, then this Agreement shall be terminated and the parties shall have no further liability to each other except for amounts owing for advertising run prior to Publisher's receipt of such notice from Participant. Upon contract termination, all advertising will be billed at the appropriate rate card rates. 4. Advertisements are to be inserted in accordance with the Publisher's rules of composition, position, and shape. 5. If the Participant specifies position, then the Participant agrees to pay the rate for such specific position provided the desired position is available. The Publisher does not agree to accommodate a request for a specified position. If a specified position requested by an Participant is not available, then the Publisher may position the copy in any position according to the Publisher's rules of composition, position and shape unless the Publisher is notified in writing by the Participant that the copy is to be printed only in the specified position and the Participant agrees to pay the applicable rate of any copy printed in other than the specified position. 6. In the event the Participant fails to make payment as agreed, the Publisher and Participant agree that Publisher may at any time discontinue the advertising of Participant and cancel this contract. Cancellation of the contract shall in no way affect the obligation of the Participant to pay amounts due at the time of cancellation. 7. In case of omission or error in an advertisement as presented, the Publisher shall not be liable for damages, but in such event the Participant's sole remedy shall be that the Participant shall not be liable for the entire cost of the advertisement. The publisher will determine the % of effective cost due to error and reduce the entire cost of the ad by this % amount. Publisher is the sole judge. 8. Advertising running consecutively will be carried until new copy is furnished or the advertising is ordered suspended. All orders changing copy or suspending an advertisement must be made in writing. 9. In the event of default or other breach of the Participant in the undertaking herein, and suit thereon, Participant agrees to pay all attorneys fees and costs incurred by Publisher. 10. While this contract is in effect, should any conditions arise which affect the cost of newspaper operation such as, imposition by the Government of a sales tax or increased material or production costs, the Publisher reserves the right to increase the advertising rates named on the reverse side hereof or incorporated, herein by reference. In such event, however, the Publisher must give the Participant at least thirty (30) days' notice thereof and if such increase is not satisfactory to the Participant, then the Participant shall have the privilege of canceling this contract. 11. Participant represents and warrants that the material provided by Participant for publication in accordance with this Agreement is true, accurate, and correct. Participant agrees to indemnify and hold harmless Belo and its directors, officers, agent and employees against and from all claims, exposure, liability, loss, or damage, including reasonable attorney's fees, alleged to be caused by or arising wholly or in part out of the publication of Participant's material hereunder. 12. This contract made and entered into under Publisher's current published schedule of rates in effect on the date hereof, and by reference such schedule is expressly made a part hereof. Participant assumes responsibility for acquainting Participant with such current published schedule of rates and Participant agrees that Participant shall be deemed to know such current published schedule of rates. 13. Participant agrees to submit to Publisher in writing, all claims of errors in the statement of account submitted by Publisher within thirty (30) days of billing date. All such claims not submitted shall be considered waived. 14. In the event that Publisher's form "Application for Credit" has been completed and submitted by Participant in connection with this contract, Participant warrants that the information contained therein is true and correct, and agrees that the making of any false statements therein constitutes a material breach of this agreement. 15. Any Application for Credit executed by Participant is hereby made a part of this Contract and incorporated herein fully by reference. 16. The Participant, and the person signing in Participant's behalf if any, warrants they have the authority to make and sign this agreement. 17. The Participant agrees to assume liability for and make payment for all advertising published pursuant hereto in the event the Participant’s business is sold, merged or otherwise transferred, until such time as a contract is entered into between Publisher and the new owner. 18.Space contracts and frequency contracts are automatically renewed for successive periods of one (1) year rates in effect at time of renewal. Either party may decline such renewal by written notice to the other thirty days prior to the expiration date of the current contract. One-time frequency contracts will not be renewed automatically. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Engineering January 22, 2008 9/C ✔ CONTRACT/BID or PROPOSAL Consider approval of an Interlocal Agreement between the City and Northwest Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II Storm Water discharge compliance; and authorizing the Mayor to sign. The Interlocal Agreement proposed in this item is a companion request to the Storm Water Management Plan also on tonight's agenda. Approval will allow the City and the Northwest Dallas County Flood Control District to produce one plan that encompasses shared goals and control measures, resulting in a savings of time and effort for both entities. Staff recommends approval of the Interlocal Agreement. #ILA for NW Dallas Co FCD MEMORANDUM TO: Mayor and City Council FROM: Keith R. Marvin, P.E., Project Engineer DATE: January 22, 2008 REF: Consider approval of an Interlocal Agreement between the City and Northwest Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II Storm Water discharge compliance; and authorizing the Mayor to sign. This agenda item corresponds to the approval of the Storm Water Management Plan (SWMP) also before you this evening. Both the City of Coppell and the Northwest Dallas County Flood Control District are obligated to adopt a SWMP under the TCEQ requirements. The TCEQ regulations and our SWMP require both the City and the NDCFCD to provide certain informational and participatory programs for residents of the City or the District. The plan requires the City or District to adopt ordinances aimed at detecting illicit discharges to the storm water collection system. The plan also addresses storm water runoff from development both during and after construction. Lastly, the plan addresses pollution prevention from ongoing municipal operations. In September 2007 the City was contacted by Nathan D. Maier Consulting Engineers, Inc. on behalf of the NDCFCD with the suggestion of partnering on the completion of our SWMP. At that time we had already secured the consulting services of Mehta West Brashear Group, so we declined the invitation to meet. The City was approached again on the same subject in late November and agreed to meet with a representative of the NDCFCD board and his engineer from Nathan D. Maier. The NDCFCD was of the opinion that since their boundary lies wholly within the City of Coppell that the requirements of the permit would be the same within their boundary for both the District and the City. In other words the residents would receive the same public notifications from both entities. However, if we were to produce one plan with one set of shared goals in partnership there would be a savings of time and effort. Under this agreement we will produce one joint Storm Water Management Plan, and the City of Coppell will be responsible for the following minimum control measures: 1. Public Education and Outreach 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Controls 5. Post-Construction Storm Water Management for New Development/Redevelopment Under this agreement each entity will be responsible for filing its own forms, applications, reports, and any associated papers with the TCEQ to ensure compliance with any and all regulations related to the joint plan. We will also each be responsible for the sixth minimum control measure which deals with Pollution Prevention/Good Housekeeping for Municipal Operations. Staff recommends approval of this Interlocal Agreement. The Board of the NDCFCD will be meeting tomorrow night to consider this same item. Staff will be available to answer any questions at the Council meeting. 1 INCH = FT. 0 5000 5000 2500 Area of Involvement Map City of Coppell Appendix A Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\AREA INVOLVMENT MAP Created on: 20 December 2007 by Scott Latta COPPELL CITY LIMIT NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF DALLAS § This Interlocal Agreement ("AGREEMENT") for the joint submission of a Storm Water Management Plan to satisfy the requirements of the permit application to the Texas Commission on Environmental Quality (TCEQ) for compliance with Phase II municipal storm water discharges to waters of the U.S. (hereafter referred to as the “PLAN”) is made and entered into by and between the City of Coppell, Texas, a municipal corporation located in Dallas County, Texas ("CITY"), and the Northwest Dallas County Flood Control District as created by the Texas Legislature (H. B. 2390, Act 69th Legislature, Regular Session, 1985) (hereafter referred to as the “DISTRICT”). WHEREAS, the CITY and the DISTRICT mutually desire to enter into an AGREEMENT to partner with each other in the joint submission of a Storm Water Management Plan to the TCEQ for compliance with Phase II requirements of Section 402(p) of the Clean Water Act; and WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, as amended (the "ACT"), provides authorization for Local Governments to contract with each other for functions in which both entities are mutually interested; and WHEREAS, by definition in Chapter 791, Texas Government Code, the CITY and the DISTRICT are both defined as Local Governments; and Whereas it has been determined that approval of this AGREEMENT will be mutually advantageous to the CITY and the DISTRICT; and NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the CITY and the DISTRICT hereby contract, covenant, warrant and agree as follows: I ADOPTION OF PREAMBLE All of the matters stated in the preamble of this AGREEMENT are true and correct and are hereby incorporated into the body of the AGREEMENT as though fully set forth in their entirety herein. II OBLIGATIONS OF THE PARTIES 2.01 The CITY and the DISTRICT have independently contracted and paid for Engineering Services related to the preparation of the Storm Water Management Plan. The CITY and the DISTRICT agree to a joint submission of a Storm Water Management Plan to the TCEQ in compliance with the Phase II requirements as noted above. 2.02 The CITY and the DISTRICT agree that services related to the inspection and maintenance of District-owned facilities within the DISTRICT boundaries will continue to be the financial responsibility of the DISTRICT. 2.03 The CITY and the DISTRICT agree that the CITY will perform the required portions of the Storm Water Management Plan in regards to the minimum control measures: 1. Public Education and Outreach 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Controls 5. Post Construction Storm Water Management for New Development/Redevelopment 2.04 The CITY and the DISTRICT agree that each respective entity will be responsible within their area of involvement for minimum control measure 6, Pollution Prevention/Good Housekeeping for Municipal Operations. 2.05 The CITY and the DISTRICT agree that the DISTRICT will provide detailed information on activities within the DISTRICT boundaries to the CITY as needed so that the CITY may complete its annual report to the TCEQ. 2.06 The CITY and the DISTRICT agree that each respective entity will be responsible for record keeping, and submittal of any and all required forms and notifications to the TCEQ under the terms of their permit, or as required by the Storm Water Management Plan III INDEMNIFICATION AND HOLD HARMLESS 3.01 THE DISTRICT AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE IMPLEMENTATION OF THE STORM WATER MANAGEMENT PLAN. 3.02 THE CITY AGREES TO INDEMNIFY AND HOLD THE DISTRICT HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE IMPLEMENTATION OF THE STORM WATER MANAGEMENT PLAN. 3.03 HOWEVER~ THE INDEMNIFICATION AND HOLD HARMLESS CONTAINED HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY SOVEREIGN IMMUNITY ALLOWED PURSUANT TO TEX. CIV. PROC. & REM. CODE, SECTION 101.001 ETSEQ., OR OTHERWISE. IV NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: If to the DISTRICT: If to the CITY: Northwest Dallas County Flood Control District City of Coppell c/o Mr. Pete Eckert c/o City Engineer 3960 Broadway Boulevard, Suite 205 255 Parkway Blvd. Garland, Texas 75043 Coppell, TX 75019 A change of address may be made by either party upon the giving of ten (10) days prior written notice. V MISCELLANEOUS PROVISIONS 5.01 This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 5.02 This AGREEMENT constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 5.03 No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 5.04 This AGREEMENT may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5.05 If, in case, any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.06 The obligations and undertakings of each of the parties to this AGREEMENT are and shall be performable in Dallas County, Texas. 5.07 Each party hereto warrants that it has received authority from its governing body to enter into this AGREEMENT. EXECUTED this ___ day of ______, 2008. NORTHWEST DALLAS COUNTY CITY OF COPPELL, TEXAS FLOOD CONTROL DISTRICT By:_______________________________ By:___________________________ Wayne Reynolds Douglas N. Stover President Mayor ATTEST: ATTEST: ___________________________________ ______________________________ Libby Ball City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ____________________________________ ______________________________ Robert E. Hager Attorney City Attorney WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ ENGINEERING January 22, 2008 9/D ✔ RESOLUTION Consider a Resolution to adopt a Storm Water Management Plan (SWMP) for the purpose of meeting compliance goals of the new TCEQ Phase II Municipal Storm Water requirements; and authorizing the Mayor to sign. Adoption of this Resolution will allow the Storm Water Management Plan to be presented to TCEQ as the official plan for the City of Coppell and the Northwest Dallas County Flood Control District. The annual report submitted to TCEQ will be prepared in association with the District, as provided for in the Interlocal Agreement (a companion item to this Resolution). Staff recommends adoption of the Storm Water Management plan. #Stormwater Mgmt Plan MEMORANDUM TO: Mayor and City Council FROM: Ken Griffin, P.E., Director of Engineering and Public Works DATE: January 22, 2008 REF: Consider a Resolution to adopt a Storm Water Management Plan (SWMP) for the purpose of meeting compliance goals of the new TCEQ Phase II Municipal Storm Water requirements; and authorizing the Mayor to sign. The original draft of the Storm Water Management Plan (SWMP) was presented to Council in December of 2001 when the original intended issuance of the general permit by the Texas Commission on Environmental Quality (TCEQ) was for 2002. August 13, 2007 the TCEQ issued a general permit under the Texas Pollutant Discharge Elimination System (TPDES). The permit authorizes Small Municipal Separate Storm Sewer Systems (MS4’s) and MS4’s located in an urbanized area to discharge storm water and certain non-storm water discharges from their storm sewer system. The Northwest Dallas County Flood Control District (NDCFCD) boundaries lie fully within the Coppell city limits and are also required to submit a SWMP. A prior agenda item this evening recommended approval of an inter-local agreement between the City of Coppell and the NDCFCD. The entire plan was provided to Council under separate cover. The SWMP is designed to prevent pollution in storm water to the maximum extent practicable and effectively prohibit illicit discharges to the system. There are six minimum control measures required to be addressed in the plan by the general permit issued by TCEQ. The plan details the existing Best Management Practices (BMP’s) currently implemented by the City of Coppell and details the future enhancement of the existing BMP’s and the resulting measurable goals that can be achieved, which will lead to reductions in pollutants discharged to the storm sewer system. Coppell, in association with the NDCFCD, will submit a concise annual report for each year of the permit term. The report will include the status of compliance with the permit conditions, an assessment of the appropriateness of the BMP’s and progress towards achieving the measurable goals for each of the minimum control measures. Staff recommends approval of the resolution adopting the SWMP and will be available to answer questions at the Council meeting. RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ADOPTING A STORM WATER MANAGEMENT PLAN FOR THE PURPOSE OF MEETING COMPLIANCE GOALS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) PHASE II MUNICIPAL STORM WATER REQUIREMENTS, AND AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell is required to submit a storm water management plan in accordance with Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. WHEREAS, the City of Coppell will comply with the General Permit and the requirements put forth by the Texas Commission on Environmental Quality. WHEREAS, the purpose of the storm water management plan is to prevent pollution in storm water to the maximum extent practicable and effectively prohibit illicit discharges to the system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell hereby adopts the Storm Water Management Plan, as prepared in conjunction with the City’s consultant, containing the necessary components to comply with the TCEQ Phase II Municipal Storm Water Plan requirements. SECTION 2. That the Mayor is also hereby authorized to sign the official document that will be presented to the TCEQ known as the “City of Coppell Storm Water Management Plan.” SECTION 3. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______ day of _______________, 2008. 514 APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: APPROVED AS TO FORM: LIBBY BALL, CITY SECRETARY __________________________________ ROBERT E. HAGER, CITY ATTORNEY WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Fire Department January 22, 2008 9/E ✔ CONTRACT/BID or PROPOSAL Consider approval for the procurement of one (1) Brush/Quick Response Vehicle and Equipment through BuyBoard from Martin Apparatus, Inc. in Denton, Texas for the amount not to exceed $93,488 and a BuyBoard fee of $1,500, as budgeted in the Motor Vehicle Fund in the Fire Department Capital Outlay; and authorizing the City Manager to sign all required documents relative to the purchase. The Brush/Quick Response Vehicle and Equipment is scheduled and budgeted to replace a Mini-Brush Pumper that exceeded its usable life and was previously removed from service. Since then, the Fire Department has been using large structural fire apparatus in its place. As a result, costly damage has occurred to the apparatus, roadways, alleys, and private driveways. At times, there have been delays in service while waiting for Mutual Aid response assistance. The CFD also experiences limited ability to support regional request for service as outlined in local agreements. A recent survey of the community conducted by the Texas Forest Service confirms a high probability of fire due to urban interface in areas difficult to access with current apparatus. The purchase is being made through Local Government Code 271.02, Interlocal Agreement Contract #TASB #245-06. Funds have been budgeted in the Fire Department Motor Vehicle account for this purchase. (01-04-09-5010) Staff recommends approval. (Brush Vehicle - 1 AR MARTIN APPARATUS, INC. January 11, 2008 Deputy Chief Greaser Coppell Fire Department Martin Apparatus is pleased to provide the following proposal for one (1) Brush/Attack truck. The enclosed proposal pricing is based on the accompanying specifications, which have been tailored to meet your requirements. The proposal pricing includes the unit delivery cost from Denton, Texas, after final inspection. The purchasing fees charged by Buy Board are included in the following proposal price. Delivery for the proposed unit will be within 45 days from receipt of chassis upon purchase order received at Martin Apparatus. This pricing is valid for 30 days from the above date. Payment is due to Martin Apparatus, Martin Apparatus, Inc P.O. Box 974615 Dallas, TX 75397-4615 upon acceptance of the apparatus at the final inspection. Any changes to the original specification will be invoiced or credited as a separate transaction from the original bid. A late fee of .033% per day will be charged for overdue payments for the first 30 days and a fee of .044% per day thereafter. (1) Martin Apparatus Brush Vehicle through Buy Board #245-06 Brush Unit Buy Board cost - $90,182 Optional equip. Turret - $ 3,306 Buy Board Fee - $ 1,500 Total Cost - $94,988.00 Sincerely, Travis Ownby Sales Representative 3500 SHELBY LANE • DENTON, TEXAS • 76207 PHONE: 940-382-9600 • FAX: 940-382-9605 TEXAS TOLL-FREE 877-970-9600 Coppell Fire Department Brush/Attack Truck January 4, 2008 We are pleased to submit a proposal to you for One (1) brush apparatus per your request for quotation. The following paragraphs will describe in detail the apparatus proposed. The construction and final assembly of the proposed unit will be at the Pierce Service Center 3500 Shelby Lane, Denton, Texas. Continued service and parts will be available at that service center as well as our (3) other Texas service locations. Mobile service is also available from our Denton, Austin and Houston locations. Quality and Workmanship Our tradition of building the highest quality units with craftsmen second to none has been the rule right from the beginning. We currently have a "Quality Achievement Supplier" program to insure the vendors and suppliers that we utilize meet the high standards that we demand. That is just part of our overall "Quality at the Source" program. Another part of this program is employing experts in their fields, like a Certified American Welding Society Inspector to monitor our weld quality. Delivery Apparatus, to insure proper break in of all components while still under warranty, shall be delivered under its own power - rail or truck freight shall not be acceptable. A qualified delivery engineer representing the contractor shall deliver the apparatus and remain for a sufficient length of time to instruct personnel in the proper operation, care and maintenance of the equipment delivered. General Construction The apparatus shall be designed with due consideration to distribution of load between the front and rear axles. Weight balance and distribution shall be in accordance with the recommendations of the National Fire Protection Association. Warranty The manufacturer shall warranty each piece of new fire or rescue apparatus to be free from defects in materials or workmanship under normal use and service. The manufacturer's obligation under this warranty is limited to repairing or replacing, as the company may elect, any parts thereof which are returned to them, with transportation costs prepaid and as to which examination is disclose to the company's satisfaction to have been defective. The part, or parts, shall be returned to the manufacturer not later than one (1) year from delivery of the apparatus. Such defective part, or parts, shall be repaired or replaced free of charge and without charge for installation to the original purchaser. This warranty shall not apply: 1) To normal maintenance and adjustments. Coppell Fire Department Brush/Attack Truck January 4, 2008 2) To any vehicle which has been repaired or altered outside of the factory in any way so that, in the manufacturer's judgment, it would affect the stability. Also it shall not apply to any vehicle which has been subject to misuse, neglect, or accident, or to any vehicle which shall operate at any speed exceeding the factory rated speed, or loaded beyond the factory rated load capacity. 3) To commercial chassis and associated equipment furnished with the chassis, signaling devices, generators, batteries, or other trade accessories in which they are usually warranted separately by their respective manufacturers. This warranty is in lieu of all other warranties, expressed or implied, all others representations to the original purchaser and all other obligations or liabilities, including liability for incidental or consequential damages on the part of the company. The manufacturer neither assumes nor authorizes any other person to give or assume any other warranty or liability on the company's behalf, unless made or assumed in writing by the company. Chassis The chassis shall be a Ford F550 4-door cab, V10 gas, automatic, dual rear wheel, 60” cab to axle per the following description: Seating Capacity The seating capacity in the cab shall be four (4). GVW Rating The gross vehicle weight rating shall be a minimum of 19,500#. Frame The frame rails shall be single channel type. Front Axle The front axle shall be a driving type, with a 6,000 pound capacity rating at the ground. The front axle hubs shall be manually operated. Transfer Case A manually shifted, two (2) speed transfer case shall be provided. Front Suspension - Leaf Spring Type - Capacity at Ground: 6,000 pounds Coppell Fire Department Brush/Attack Truck January 4, 2008 - Shock Absorbers: Double acting, 1.375" gas-type - Front Stabilizer Bar Shock absorbers shall be provided on the front axle. Rear Axle The single reduction rear axle shall have a ground rating capacity of 13,500 pounds. The rear brakes shall be hydraulic disc type. Parking Brake The parking brake shall be located on the rear axle service brake. Rear Suspension The rear suspension shall be a leaf spring type, with a capacity at ground level of 13,500 pounds. The rear stabilizer bar shall be included. Anti-Lock Brake System The vehicle shall be equipped with a Bendix 4-channel anti-lock braking system. Front Brakes The front brakes shall be hydraulic disc type. Engine - Model: Triton V10 gasoline Engine Accessories - Air Cleaner: Dry type, with restriction indicator in cab - Governor: Limiting speed type - Lube Oil Cooler - Lube Oil Filter: Full flow - Fuel Filter: Single fuel filter/water separator, heated - Starting Motor: 12-volt - Oil Fill and Level Gauge Coppell Fire Department Brush/Attack Truck January 4, 2008 Engine Warranty The engine only, shall come with a five (5) year or 100,000 mile warranty provided by the engine manufacturer. Fuel Tank The fuel tank provided shall be 40 gallon capacity and mounted behind the rear axle by the chassis manufacturer. It shall comply with all DOT regulations. It shall be designed and installed so that it does not interfere with the mounting of the pump, plumbing or other components. An auxiliary fuel tap shall be provided. Transmission A five (5) speed automatic overdrive transmission shall be provided. Transmission Cooler A transmission oil cooler shall be provided in the lower tank of the radiator. Tires, Front The front tires shall be 225/70R19.50, 12-ply radial all season tread. Wheels, Front Wheels for the front axle shall be 19.50" x 6.00" steel disc, eight (8)-hole pattern. Tires, Rear The rear tires shall be 225/70R19.50, 12-ply radial all-season tread. Wheels, Rear The rear wheels shall be 19.50" x 6.00" steel disc with a eight (8)-hole pattern. Wheel Covers Chrome plated lug nut covers shall be installed on all lug nuts. Polished wheel liners and covers will be included. Cab Type: Conventional (engine forward) Four (4) Door Cab Construction: Welded steel Cab Trim: - XL Package Accessories: - Tinted Glass in all Windows Coppell Fire Department Brush/Attack Truck January 4, 2008 - Gray Vinyl Upholstery - Black Rubber Floormats - Fresh Air Heater and Defroster - Air Conditioning - Chrome Hood Mounted Grille - Tow Command Integrated Brake Controller - Skid Plates transfer Case - Traction Control - Power Window & Locks with door key pad entry - Dual Electric Horns - AM/FM Stereo Radio - Gray Vinyl Upholstery Mirrors The mirrors shall be black, power w/ heat & integrated clearance lights with turn signals, foldaway type. The mirrors shall manually telescope in/out for view adjustment. Bumper A Heavy Duty painted steel brush guard/front bumper with 2” receiver hitch will be included. Brush guard will provide a mounting surface for warning lights as well as protect the headlights/grill from off road hazards. Seating Seating inside the cab shall consist of a 40/20/40 bench seat front, with shoulder belts on the outside seat positions front and rear. A console shall be included and mounted under the dash to provide space for radio, siren and switches. Engine Compartment Lights One (1) engine compartment light shall be installed under the engine hood, of which the switches are an integral part. Coppell Fire Department Brush/Attack Truck January 4, 2008 Emergency Switch Panel A emergency switch panel shall be provided in the cab. The switch panel shall be located on the cab instrument panel. - Two (2)-speed Individual Windshield Wiper Controls with Intermittent Feature Battery System A single starting battery system shall be provided consisting of two (2) 12 volt, 850 CCA, maintenance-free, group 31 batteries. The battery system shall have a total of 1700 CCA. A Kussmaul battery charger shall be included with Kussmaul with auto eject. Electrical System - Alternator: A single 115 amp, internally regulated, with a capacity of 12-volt 230 amperes. AM/FM Radio There shall be an AM/FM stereo radio provided in the passenger's compartment in the cab. The radio shall be mounted in the dash and shall have an externally mounted antenna. Exterior Lighting Exterior lighting shall meet or exceed Federal Department of Transportation, Federal Motor Vehicle Safety Standards and National Fire Protection Association requirements in effect at time of proposal. Front headlights shall be OEM dual beam jewel effect headlamps. Five (5) clearance and marker lights shall be installed across the leading edge of the cab. Warning Lights (Cab Face) A pair of flush mounted, red, LED lights shall be provided on the cab face. A switch shall be provided inside the cab on the switch panel for actuation. Front Warning Lights Two (2) LED lights shall be provided on the side of the hood - one each side - forward of the front axle. Each light shall be provided with a red lens. Coppell Fire Department Brush/Attack Truck January 4, 2008 Back-Up Alarm A solid state electronic audible back-up alarm that actuates when the truck is shifted into reverse shall be provided. The device shall sound at 60 pulses per minute and automatically adjust its volume to maintain a minimum five (5) dba above surrounding environmental noise levels. Body Construction All body components and sides are fabricated from 1/8” smooth and/or diamond plate aluminum. The complete body shall be constructed using break and bend techniques to form the aluminum into a strong, yet flexible structure. Door jams are fabricated into the body. Standard door post are 3” wide, 1-1/2” deep, with a one inch lip for attaching a door seal. Rescue body corners are both mig wielded on insides and tig welded on outsides to provide a solidly constructed body that resist cracking and splitting. Seams are mig welded and tig welded also unless in areas that it is not necessary and may cause unnecessary warping. Seams on the roof are mig welded solid on the underside. Where there are no vertical dividers butting into the seam, the seams are capped with a 1” x 1-1/2” open post. The top side on the seam is welded and/or sealed with an elastic sealant. Body fasteners are typically aluminum or stainless steel. Subframe The subframe consists of two “mounting sills”. (Aluminum extrusions running from front to back of the body, spaced according to the truck’s chassis frame rails). Mounting sills are typically ¼” x 3” I-beam extruded aluminum. Crossmembers consist of several 3” I-beams (standard) running perpendicular to the mounting sills. The crossmembers are spaced 10 – 14 inches apart depending on compartment sizes. The crossmembers shall be the same length as the cargo area except for 2 crossmembers located in the front and rear of the compartment over the truck tires. These crossmembers are the same length as the width of the body to supply ample support of the compartments. Flooring is 1/8” aluminum tread plate unless otherwise specified. Heavier floor options include 1-1/4” extruded or .190 diamond plate. Wiring The entire body comes wired with 14 gauge wire enclosed in wire loom. Connections are made with moisture resistant butt connectors. The service body shall be supplied with Peterson lights to conform to Federal lighting regulations. Cover panels come installed on the rear compartments to protect the rear tail lights and wiring. These are removable for easy access to the wiring. Compartment Doors ROM roll-up doors shall be furnished as required for body. Coppell Fire Department Brush/Attack Truck January 4, 2008 Sweep-out Compartments Sweep-out compartments are available for easier cleaning of debris off the compartment floors. Compartment sizes shall be front to rear, approximately 34” wide X 48” high X 22” deep, 40” wide X 30” high X 22” deep, and 34” wide X 42” high X 22” deep. Compartment Considerations Considerations have been given by the manufacturer to raise the rear compartment floor up 6” to the level of the frame rail for greater angle of departure. The manufacturer has agreed to raise the compartment ceiling height 8” across all compartments to create a more fluent profile of the roof line and cab. This shall be performed at no additional charge if desired by the customer. Shelving All shelving is fabricated from 1/8” smooth aluminum. Five shelves per side shall be furnished. A 2” lip on the front of the shelf is standard. Adjustable shelving will consists of four on each side, one in the forward compartment, one in the wheel well compartment, and two in the rear compartment, using four 1” x 1-1/2” open post attached to each side of the compartment. Shelving has a 2” lip on all four sides and are attached to the post by the use of an angle synched to the post and bolted to the trays. Open Top Compartment This is a compartment running horizontally front to back on each side of the body. The compartments are 9-1/2” deep, standard open to rear on drivers side only. Interior Lights Interior lights may either be switched with a main toggle switch or compartments can house an automatic switch to turn lights on when the compartment door is opened. We offer both individual lights and rope lighting. Interior lights can be a single bulb fixture or strip/rope lighting. Step Bumper The step bumper on a standard service body is 8” deep. The step bumper is fabricated from 1/8” tread plate aluminum with a 2’ vertical flange and a 1” return on the underside. The step bumper shall be braced with 2” aluminum extrusions to provide sufficient support. Step bumper gussets may also be added. A grip strut is available as well. A rear receiver class 4 Hitch will be provided. DOT Lighting Whelen tri-cluster LED lighting shall be provided on the rear of the body. Coppell Fire Department Brush/Attack Truck January 4, 2008 Fender Flares Rolled aluminum fender flares in either smooth or diamond plate finish are a standard around the rear tire opening. Rear Mud Flaps Black rubber rear mud flaps shall be installed behind the rear duals Mounting Rescue bodies are to be set with rubber between the truck chassis frame and the mounting sills of the body. Four to six U-bolts mount over the service body mounting sills and under the truck frame. Water Tank Booster tank shall have a capacity of 300 gallons and be constructed of black polypropylene plastic. Tank shall be rectangular in shape. Tank joints and seams shall be nitrogen welded inside and out. Tank shall be baffled in accordance with NFPA Bulletin 1906 requirements. Baffles shall have vent openings at both the top and bottom to permit movement of air and water between compartments. All partitions shall interlock and shall be welded to the tank bottom and sides. Tank top shall be constructed of .50" polypropylene. Tank top shall be sufficiently supported to keep it rigid during fast filling conditions. Mounting provisions shall be provided to keep the tank in position while the vehicle is moving. Mounting system shall be approved by the tank manufacturer. Tank is a polypropylene with a ten (10) gallon foam cell. Water Tank Warranty Tank shall have a lifetime warranty. Portable Pump A 18hp Honda gasoline engine driven air cooled pump shall be provided. It shall be installed at the rear of the truck and positioned for ease of use and efficient use of space. The pump is rated on a bench for 250 gpm @ 50 psi or 100 gpm @ 150 psi. Coppell Fire Department Brush/Attack Truck January 4, 2008 The performance may be reduced as installed on the truck. This unit shall be supplied by a fuel tank that is supplied with skid unit. Electric start shall be provided on the control panel. A pressure gauge and throttle shall be located at the control panel. Pump Warranty A (1) year warranty on the parts shall be provided for the pump by the pump manufacturer. Plumbing All inlet and outlet lines up to 3.00" shall be plumbed with either heavy-duty threaded pipe or synthetic rubber hose reinforced with hi-tensile polyester braid. If hose is used, it must have a minimum burst rating of 1,000 psi and be equipped with high pressure brass or stainless steel couplings. Pump Inlet A gated 2.50" pump inlet shall be provided at the rear of the vehicle. It shall be incorporated into the tank to pump plumbing. The inlet shall be controlled at the valve. It shall be furnished with a National Standard hose thread, chrome plated, swivel and plug. The main pump inlets shall have National Standard Threads with a rocker lug chrome plated cap Valves All discharges shall use in-line ball valves. Tank to Pump The water tank shall be connected to the intake side of the pump with heavy duty piping and a quarter turn 2.50" full flow line. The control shall be within easy reach of the operator. Plumbing System Drain The discharges and plumbing shall drain through a main pump drain system that accommodates the plumbing system. Individual drains or bleeders for each discharge shall not be required. Discharge Outlet Controls The discharge outlets shall incorporate a quarter-turn ball valve with the control located at the the valve. The valve operating mechanism (handle) shall indicate the position (open/closed) of the valve. Coppell Fire Department Brush/Attack Truck January 4, 2008 Discharges shall include: (1) 1” booster reel discharge (1) 1-1/2 inch preconnect discharge (1) 1-1/2 inch rear discharge (1) 1 inch rear discharge (1) ¾ inch rear discharge (1) 1” tank fill – return line Class A Foam System There shall be a Scotty 4071, around the pump foam proportioning system furnished and installed on the apparatus. The system shall be a single agent system capable of handling Class "A" foam concentrate. The foam system shall be installed in accordance with the manufacturer recommendations. The system shall be equipped with a control module. It shall be installed near the pump operator's panel and enable the pump operator to perform the following functions: - Activate the foam system. - Change foam concentrate proportioning rates from .1%, .5% or to 1%. Booster Reel An electric rewind Hannay brand booster reel will be provided on the passenger of the truck. Reel will have a capacity of 100’ of 1” hard rubber booster hose and will include 100’ of hose. It will also include a 12V electric rewind with single push button control on the reel. A chrome roller guide set of 3 rollers will be mounted as required to deploy hose. Front Bumper Monitor – An Elkhart Sidewinder remote controlled front bumper monitor will be plumbed to the pump and mounted to the front bumper replacement. It shall be controlled with an Elkhart electric valve operated from the drivers compartment. Pre-Connected Hose Tray There shall be a 1 ½” pre-connected discharge plumbed to one of side mounted hose trays on the driver’s side of the body. The tray will be made from 1/8” aluminum tread plate and be capable of holding 150’/200' of 1 3/4" fire hose. Master Gauges The pump master vacuum and pressure gauge shall be fluid filled. The fluid fill Coppell Fire Department Brush/Attack Truck January 4, 2008 shall be an environmentally friendly synthetic anti-freeze agent, acting as a lubricant and shock absorber. Electronic Siren A Whelen electronic siren with noise canceling microphone shall be provided. The siren unit will contain integrated switches for controlling all warning lights. Siren head shall be located in the center console. Speaker There shall be two speakers recessed in the front bumper. The speaker shall be 100-watt, bumper-mount. Warning Light (Cab Roof), Customer to furnish A light bar shall be mounted on the cab roof. The light bar shall be customer supplied and meet current NFPA standards. Side Zone Lower Lighting Whelen LED lights with lenses shall be located at the following positions: Two (2) lights, one each side on the front fenders, forward of the cab doors. Two (2) lights, one each side on the body fender panels. The above four (4) lights shall be required to meet the lower level optical warning and optical power requirements of NFPA. Rear Zone Lower Lighting Two (2) Whelen LED lights shall be located at the rear of the apparatus, required to meet the lower level optical warning and optical power requirements of NFPA. Can we make the rear lighting assembly a Whelen single housed brake, reverse, emergency for the lower side of the body? Graphics Graphics shall be provided by the dealer and will include the following: • NFPA striping to match current FD fleet, best as possible • Lettering, Scotchlite reflective with outline3”. 41-60 characters WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Finance January 22, 2008 10 ✔ ORDINANCE Consider approval of an ordinance approving the Settlement Agreement with Atmos Energy Corp., Mid-Tex Division regarding the statement of intent to change gas rates within the corporate city limits of the City of Coppell; and authorizing the Mayor to sign. Based on the original filing by Atmos in September, 2007, Atmos was seeking a $52 million revenue rate increase. The city of Coppell passed a resolution on October 9, 2007 suspending the Atmos rate increase request to allow the coalition of cities an opportunity to review the filing and negotiate a possible settlement. The 151 city coalition has reached a Settlement Agreement with Atmos reducing the original rate increase filing by 80% which will result in a $10 million increase in Atmos' revenues. Staff recommends approval. $AtmosGas-1AR STAFF REPORT The City, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). Since October, ACSC members have worked diligently with Atmos representatives to explore options to address Atmos' latest request to increase rates by $52 million and to resolve other outstanding issues. The ordinance and tariffs (Attachment B to the Ordinance) reflect the agreement reached between ACSC and Atmos Mid-Tex to reduce Atmos' requested increase by more than 80 percent and ensure that the Company is able to provide safe and reliable natural gas service. The Settlement Agreement (Attachment A to the Ordinance) also provides rate certainty for customers by resolving outstanding appeals, creates a new process for expedited rate review by the cities, eliminates piecemeal ratemaking, reimburses ACSC for rate case expenses associated with the GRIP surcharge cases, and avoids the necessity of costly litigation. The ACSC Executive Committee recommends that ACSC members approve the Settlement Agreement. Purpose of the Ordinance: The purpose of the Ordinance is to endorse the Settlement Agreement between ACSC and Atmos regarding the Company's Statement of Intent to increase rates and to approve tariffs that implement the terms of the Settlement Agreement. Approval of the Ordinance will result in a $10 million increase in Atmos' revenues. This is an 80 percent reduction of the $52 million increase requested by Atmos in its Statement of Intent. In addition, the tariffs approved by the Ordinance will replace the current piecemeal ratemaking GRIP surcharge system with an expedited rate review process that ensures that cities can review all components of future Company rate change requests. The Settlement Agreement also resolves all outstanding issues between ACSC and Atmos, including six appeals currently pending in Texas courts. Procedural History and Background on Atmos Rate Increases Since 2004: On September 20, 2007, Atmos filed with the City the Company's Statement of Intent to increase natural gas rates system-wide by approximately $52 million. The City suspended the October 25th Effective Date to work with other ACSC members to analyze the schedules and evidence offered by Atmos to support its request to increase rates. In order to facilitate approval of this Ordinance and the attached tariffs, Atmos Mid-Tex has agreed to extend the deadline for final city action until March 1, 2008. Atmos' rate request represents the seventh increase in natural gas rates for customers in the Atmos Mid-Tex service area since 2004. Four rate increases are the result of Gas Reliability Infrastructure Program (GRIP) surcharges enacted pursuant to the Texas Utilities Code § 104.301. A primary complaint of cities around the state regarding GRIP filings is that it is piecemeal ratemaking and only looks at changes in the utility's invested capital, rather than a more comprehensive review of all components affecting rates charged. Cities thus far have been unsuccessful in defeating GRIP at the Legislature and in court. Atmos Rate Ordinance Staff Report 1 In addition to the four GRIP surcharges, base rates charged to customers served by Atmos Mid-Tex have increased as the result of two system-wide cost of service rate filings since 2004. The Company's current request to increase base rates would be the third system-wide cost of service increase for customers in Atmos Mid-Tex's service area since 2004. In the most recent cost of service rate request, GUD No. 9670, the Railroad Commission of Texas ("RRC" or "Commission") issued an order in March, 2007, approving new system-wide rates for customers of Atmos Mid-Tex. Residential customers were impacted disproportionally by the Commission's final order, with residential rates increasing by $10 million annually, despite an overall system-wide rate increase of $5 million. System-wide rates charged to residential customers in the Atmos Mid-Tex region were also increased by several million dollars in 2004 in GUD No. 9400. In GUD Nos. 9400 and 9670, the hearings examiners that heard the testimony and evaluated the evidence recommended that rates be reduced for customers. However, in both cases, the Railroad Commission reversed key decisions of its own hearings examiners, ultimately issuing final orders that approved rate increases instead of the recommended rate reductions. Reasons Justifying Settlement: During the time that the City has retained original jurisdiction in this case, consultants working on behalf of ACSC members have investigated the support for the Company's requested rate increase. While the evidence does not support the $52 million increase requested by the Company, ACSC consultants agree that the Company can justify an increase in revenues of at least $8 million and that there is a reasonably high probability that the RRC would award an increase of at least $10 million. A contested case proceeding before the RRC on the Company's current application will take several months and cost ratepayers millions of dollars in rate case expenses and would not likely produce a request more favorable than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members take action to approve the Settlement Agreement. This Settlement Agreement achieves several desirable outcomes, including: • Reverses rate design decisions that unfairly impact residential ratepayers • Does away with piecemeal ratemaking problems inherent to the GRIP surcharge process • Eliminates exposure to potential court reversal of the multi-million dollar Poly-1 Pipe disallowance (Atmos' issue on appeal in Docket No. 9400) • Avoids uncertainty and potential negative consequences of Railroad Commission rate review (in the two most recent rate cases affecting Atmos Mid-Tex customers, the Commission has reversed rate reductions recommended by its own hearings examiners in favor of rate increases) • Implements an expedited rate review process that includes the cities and allows review of all aspects of Atmos' cost of service Atmos Rate Ordinance Staff Report 2 • Requires Atmos to reimburse ACSC for more than $500,000 paid to litigate GRIP surcharge cases • Protects ACSC members and their citizens from the remote possibility that a litigated outcome or settlement with other parties produces a result more favorable than the ordinance passed by ACSC members by including a Most Favored Nations provision in the Settlement Agreement. Explanation of "Be It Ordained" Paragraphs: 1. This paragraph approves all findings in the ordinance. 2. This section adopts the Settlement Agreement in all respects and finds it to be just, reasonable and in the public interest. 3. This section adopts the attached Tariffs in all respects and finds the rates set pursuant to the attached Tariffs to be just, reasonable and in the public interest. Note that only new tariffs or existing tariffs that are being revised are attached to the Ordinance. Existing tariffs that are not being changed in any way are not attached to the Ordinance. 4. This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 5. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 6. This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 7. This section is a "Most Favored Nations" clause, which protects the City by mandating that if a Final Order or subsequent settlement agreement approved in any proceeding addressing the issues raised in Atmos' Statement of Intent filing result in rates, revenues, terms and conditions, or benefits that would be more beneficial to the ACSC Cities than the terms of this Settlement Agreement, the City may, at its option, implement and benefit from such more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC Cities. However, the section makes it clear that application of the Most Favored Nations provision does not affect the approval of the Rider RRM, Rider CEE, Rider GCR and the Rider WNA, which shall continue according to their terms. 8. This section provides for an effective date upon passage. Atmos Rate Ordinance Staff Report 3 9. This paragraph directs that a copy of the signed resolution be sent to a representative of the Company and legal counsel for ACSC. Atmos Rate Ordinance Staff Report 4 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Ms. Doyle’s Direct Line: (512) 322-5820 Email: kdoyle@lglawfirm.com M E M O R A N D U M TO: Atmos City Steering Committee (ACSC) Members FROM: Geoffrey Gay Kristen Doyle Georgia Crump DATE: January 10, 2008 RE: FINAL ACTION BY MARCH 1ST – Atmos Rate Case Settlement The ACSC Settlement Committee (Jay Doegey – Arlington, Danny Reed – Fort Worth, Mark Israelson – Plano, Don Wilson – Eastland, Doreen McGookey – Sherman, Tom Akins – Denison, Cathy Cunningham – various ACSC cities), with the advice and input of consultants and lawyers retained by ACSC, has worked since October to explore options to resolve the Company's pending $52 million rate increase request without the necessity of a protracted and costly contested case proceeding. The attached Settlement Agreement is a result of their efforts. It reduces Atmos' rate increase by more than 80 percent, resolves several outstanding issues on appeal, requires reimbursement of more than $500,000 expended by ACSC to litigate GRIP cases, and eliminates the piecemeal ratemaking GRIP process in favor of an expedited rate review process controlled by cities. The ACSC Executive Committee recommends approval of the settlement agreement because it provides rate certainty, represents an outcome that is equal to or better than the outcome expected from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas rates. Please schedule consideration of the ordinance for your next available council meeting. Final council action to approve the ordinance must take place by March 1st. To assist you, several documents are attached: • An ordinance setting new rates. The approved Ordinance must include the Settlement Agreement ("Attachment A" to the Ordinance) and Tariffs ("Attachment B" to the Ordinance.) • A model staff report • A detailed explanation of key provisions of the settlement agreement • A list of ACSC members Please contact Kristen (512/322-5820, kdoyle@lglawfirm.com) immediately if your city is unable to meet the March 1st deadline for final action. Once final action has been taken by your city, please forward a copy of the ordinance to Atmos Mid-Tex and to our paralegal, Barbara Kimmell (fax number: 512/472-0532.) ACSC Cities (151 Total) Abilene Addison Allen Alvarado Angus Anna Argyle Arlington Bedford Bellmead Benbrook Beverly Hills Blue Ridge Bowie Boyd Bridgeport Brownwood Buffalo Burkburnett Burleson Caddo Mills Carrollton Cedar Hill Celeste Celina Cisco Cleburne Clyde College Station Colleyville Colorado City Comanche Coolidge Coppell Corinth Corral City Crandall Crowley Dalworthington Gardens Denison DeSoto Duncanville Eastland Edgecliff Village Emory Ennis Euless Everman Fairview Farmers Branch Farmersville Fate Flower Mound Forest Hill Fort Worth Frisco Frost Gainesville Garland Garrett Grand Prairie Grapevine Haltom City Harker Heights Haskell Haslet Heath Hewitt Highland Park Highland Village Honey Grove Hurst Iowa Park Irving Justin Kaufman Keene Keller Kemp Kennedale Kerrville Killeen Krum Lakeside Lake Worth Lancaster Lewisville Lincoln Park Little Elm Malakoff Mansfield McKinney Melissa Mesquite Midlothian Murphy Newark Nocona North Richland Hills Northlake Oak Leaf Ovilla Palestine Pantego Paris Parker Pecan Hill Plano Ponder Pottsboro Prosper Putnam Quitman Red Oak Reno (Parker County) Richardson Richland Hills Roanoke Robinson Rockwall Roscoe Rowlett Sachse Saginaw Seagoville Sherman Snyder Southlake Springtown Stamford Stephenville Sulphur Springs Sweetwater Temple Terrell The Colony Throckmorton Tyler University Park Venus Vernon Waco Watauga Waxahachie Westlake Westworth Village Whitesboro White Settlement Wichita Falls Woodway Wylie 1 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ("CITY") APPROVING A SETTLEMENT AGREEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, on or about September 20, 2007, Atmos Mid-Tex, pursuant to Gas Utility Regulatory Act § 104.102 filed with the City a Statement of Intent to increase system-wide gas rates by approximately $52 million, such increase to be effective in all municipalities exercising original jurisdiction within its Mid-Tex Division service area effective on October 25, 2007; and WHEREAS, the City took action to suspend the October 25, 2007 Effective Date and to coordinate a response to Atmos' filing with more than 150 other similarly situated municipalities through the Atmos Cities Steering Committee ("ACSC") (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, Atmos has agreed to extend the October 25, 2007, Effective Date such that the City's jurisdiction over this matter ends March 1, 2008; and WHEREAS, the Railroad Commission of Texas ("RRC" or the "Commission") in GUD No. 9670, issued an Order approving new system-wide rates for customers of Atmos Energy's Mid-Tex Division in March 2007, which increased residential base rates by approximately $10 million annually; and WHEREAS, ACSC and Atmos have each appealed the RRC's decision in Atmos' most recent system-wide rate increase as well as the decision rendered in GUD No. 9400 to the Travis County District Court; and 2 WHEREAS, Atmos and ACSC have been in continuing disagreement, dispute, and litigation over the application of Section 104.301 of the Texas Utilities Code and the resulting rate increases ("GRIP surcharges") established by the RRC; and WHEREAS, Atmos filed its application for its fourth GRIP surcharge in four years on May 31, 2007, seeking to increase the rates of all customers by approximately $12 million annually; and WHEREAS, the ACSC Cities desire to avoid the litigation expense that would result from another lengthy contested rate case proceeding before the RRC as well as the prosecution of the appeals in various courts of the GRIP surcharges and the two previous system-wide rate decisions; and WHEREAS, ACSC desires to recoup certain costs it previously incurred in connection with GRIP-related proceedings (costs which Atmos contends are not reimbursable rate case expenses under the Texas Utilities Code), as well as costs incurred in connection with this proceeding; and WHEREAS, on October 18, 2007, more than 60 ACSC members met in Arlington with officers and executives of Atmos to discuss various issues, including rate making, resulting in a mutual pledge to work toward settlement; and WHEREAS, ACSC members designated a Settlement Committee made up of ACSC representatives to work with ACSC attorneys and consultants to formulate and review reasonable settlement positions to resolve outstanding matters with Atmos, including the pending rate increase request; and WHEREAS, the Settlement Committee and lawyers representing ACSC met several times with the Company to negotiate a Settlement Agreement resolving the issues raised in the Company's Statement of Intent filing as well as all outstanding appeals of the two prior rate cases and various GRIP filings; and WHEREAS, the Settlement Committee, as well as ACSC lawyers and consultants believe existing rates are unreasonable and should be changed; and WHEREAS, the ACSC Executive Committee recommends ACSC members approve the negotiated Settlement Agreement and attached tariffs; and WHEREAS, the attached tariffs provide for an expedited rate review process as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the expedited rate review process as provided by the Rate Review Mechanism Tariff eliminates piecemeal ratemaking, the ACSC's major objection to the current GRIP process; and WHEREAS, the attached tariffs implementing new rates are consistent with the Settlement Agreement and are just, reasonable, and in the public interest; and 3 WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any Settlement Agreement that Atmos enters into with other entities arising out of its Statement of Intent or any associated appeals of a decision entered by the Railroad Commission regarding the Company's request to increase rates; and WHEREAS, the Settlement Agreement as a whole is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. Section 2. That the City Council finds that the Settlement Agreement, which is attached hereto and incorporated herein as Attachment A, is in the public interest and is hereby endorsed in all respects. Section 3. That existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs, which are attached hereto and incorporated herein as Attachment B, are just and reasonable and are hereby adopted. Section 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 7. That if ACSC Cities determine any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent Settlement Agreement approved in any proceeding addressing the issues raised in Atmos' Statement of Intent would be more beneficial 4 to the ACSC Cities than the terms of the attached Settlement Agreement, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC Cities. However, approval of the attached Rider RRM, Rider CEE, Rider GCR and the Rider WNA shall not be affected by the application of the provisions contained in this section, it being the understanding and the intent of the parties hereto that such tariffs shall continue according to their terms. Section 8. That this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for customer bills delivered on or after March 1, 2008. Section 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Blevins Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this __________ day of ___________________, 2008. _________________________________ Douglas N. Stover, Mayor ATTEST; __________________________________ Libby Ball, City Secretary APPROVED AS TO FORM: ___________________________________ City Attorney WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Engineering January 22, 2008 11 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Engineering Services contract amendment in the amount of $147,600 for a contract approved on December 12, 2000 with Teague Nall & Perkins, Inc.; for additional services related to the design of improvements to West Sandy Lake Road from Coppell Road to Denton Tap Road; and authorizing the City Manager to sign. This amendment to the existing contract will compensate Teague Nall and Perkins, Inc. for the additional time and expense associated with splitting the remaining phase of West Sandy Lake improvements into two separate phases. Funds are available in the Street CIP accounts for this contract. Staff recommends approval of the contract amendment. #Contract Amendment for TNP MEMORANDUM TO: Mayor and City Council FROM: Keith R. Marvin, P.E., Project Engineer DATE: January 22, 2008 REF: Consider approval of an Engineering Services contract amendment in the amount of $147,600 to a contract approved on December 12, 2000 with Teague Nall & Perkins, Inc.; for additional services related to the design of improvements to West Sandy Lake Road from Coppell Road North to Denton Tap Road; and authorizing the City Manager to sign. On December 12, 2000 City Council approved a contract with Teague Nall & Perkins, Inc. for the design of West Sandy Lake Road (from Denton Tap to S.H. 121). It was anticipated at the original award, that the project would be split into two phases. It was also originally anticipated that the first phase would begin during the 2003/04 budget year and that the second phase would begin during the 2005/06 budget year. Phase I (SH 121 to Coppell Road North) was completed in June 2007. What was to be the remaining phase II has now been split into a Phase II (Coppell Road North to Coppell Road South) and Phase III (Coppell Road South to Denton Tap) In 2005 Phase II of West Sandy Lake Road was approved for federal funding through the Transportation Equity Act for the 21st Century. On February 28, 2006 the city of Coppell entered into an agreement with the State of Texas through the Texas Department of Transportation that identifies how the federally-funded portion of this project will be operated. The federal funding was in the amount of $800,000. It is anticipated that the City will reap some benefit from the federal funding, but it will be less than $800,000. The TxDOT portion, the cost to redesign to federal standards, and the increased cost to construct to federal standards will obligate a large portion of the funding. This contract amendment will compensate the design engineer for the additional time and expense associated with splitting the original Phase II into two separate phases, and the effort necessary to comply with the additional requirements of the TxDOT agreement. Teague Nall & Perkins, Inc. was at the 50% design level for the remaining section of West Sandy Lake Road when we entered the agreement with TxDOT. As a result of the agreement, they will be required to split their plans at South Coppell Road. They can proceed with the design from Coppell Road South to Denton Tap, but they will need to go back and produce a TxDOT schematic for review and approval. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" These changes, coupled with the increase in time required to gain TxDOT approval at the various stages of design, have resulted in a request for $147,600 in additional compensation. The original design contract for the entire project (SH 121 to Denton Tap) was $1,005,600. In October 2004 the city executed a contract amendment in the amount of $141,820. If this amendment is approved the total engineering cost will become $1,295,020. Final construction cost on the completed Phase I (from SH 121 to Coppell Road North) was $4,003,973. Estimated construction cost on Phase II is $3,700,000, and the Phase III estimated cost is $5,100,000. The city anticipates construction beginning on Phase II by the end of 2009, and Phase III by summer of 2009. Staff recommends approval of the amendment to the contract with Teague Nall & Perkins, Inc. in the amount of $147,600. Staff will be available to answer any questions at the Council meeting. RtJipulI S VU S V LtJ RtJli l1ltJ Rtn ults i1i TEAGUE NALL AND PERKINS Civil Engineering Swvey ng Landscape Architecture Planning December 13 2007 Kenneth M Griffin P E Director of Public Works and Engineering City of Coppell 255 Parkway P O Box 478 Coppell Texas 75019 RE WEST SANDY LAKE ROAD PROJECT ST 9902 TNP Project No CPL00243 Dear Ken Per our discussions with Keith Marvin we have prepared the attached amendment to our engineering services contract for the West Sandy Lake Road project The amendment covers additional expenses and lime associated with completing the projecl using rederal runding received through the Texas Department of Transportation As you know TxDOT funded projects not only necessitate a greater amount of coordination with varying entities but also requires additional effort related to the project management procedures submittal reviews design standards construction plan preparation and project time We appreciate your understanding of these issues and your willingness to accept our amendment so that we may proceed with completing the rest of the project As identified in the amendment the project will be divided into two phases to maintain separation of the TxDOT funded portion of the project from the City funded portion You will find enclosed a Modification to the SeoDe of Services for the referenced project in accordance with the applicable provisions of the Consulting Engineers Contract Thank you for the opportunily to be of service lo the City of Cappell and we look forward to moving forward on this important project Sincerely TEAGUE NALL AND PERKINS INC fL t1 xc Keith Marvin P E Matt Atkins P E Fort Wor h DII Denton Shurmiln 12160 North Abrams Road SUIte 508 Dallas Texas 75243 214 461 9867 phone 214 461 9864 fax www rnpcnfine com 1 INCH = FT. 0 600 600 300 TxDOT / Coppell Project Limits, Sandy Lake Road Project ST99-02B Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST99-02 FEDERAL_CITY Created on: 10 January 2008 by Scott Latta NORTH COPPELL ROAD TO SOUTH COPPELL ROAD SOUTH COPPELL ROAD TO DENTON TAP ROAD CITY OF COPPELL Consulting Engineer s Contract Modification to the SCODe of Servlgg I Scope of Work TNP shall provide the following services as required to accommodate the use of federal funding received from the Texas Department of Transportation by the City of CoppeR for a portion of the West 5andy Lake Road project a Additional meetings and correspondence with TxDOT representatives b PreparatiOn of Design Summary Report and related followup correspondence c Preparation of schematic per TxDOT standards and associated resulting modifications d Coordination with TxOOT s environmental assessment consultant e Bridge design checklists and scour analysis f Preparation of pavement design report g Additional standards sheets in plan set including traffic control bridge standards signageJsbiping and details h Plan modifications per DSRlschematic reviews by TxOOT i Limited survey for updated boundary analysis ROW assessments and development j Separation of plans bid documents and administrative efforts into two projects Phase 2 TxOOT funded and Phase 3 City funded k Extension of time frame for all contractual elements through 2009 II Project Schedule The schedule will generally proceed as two separate projects as described b8low Phase 2 TxDOT Funded Cappel I Road North to just west of Coppell Road South Preliminary Schematic Finalize SChematic and ROW Docs Concept Design Plans Preliminary Design Plans Final Design Plans February 2008 March April 2008 August 2008 January 2009 June 2009 Phase 3 City Funded Just west of Coppell Road South to Denton Tap Road Finalize Alignment and ROW Docs Preliminary Design Plans Final Design Plans March April 2008 June 2008 September 2008 III Compensation The Engineer shaH be paid an additional lump sum fee for the above described Additional Scope of Services in an amount of One Hundred and Forty seven Thousand Six Hundred and n0 100 Dollars 147 600 This amount includes the following increases Engineering Design Construction Services Design Surveys Property SUrveys ROW Esmt Documents CLOMR LOMR Sedion 404 Permit ADDIication TOTAL 135 000 2 500 5 000 1 700 1 700 1 700 147 600 AGREED THE CITY OF COPPELL By Date F Attest Page 2 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ Engineering January 22, 2008 12 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Engineering Services Contract with Halff Associates, Inc. to provide professional engineering and design services for the Southwestern Boulevard Infrastructure Improvements (from Coppell Road South to east of Grapevine Creek), Project #ST 07-01; for a total fee of $165,000.00; as provided for in CIP funds; and authorizing the City Manager to sign. This item is to award a design contract to Halff Associates, Inc. for the design of improvements to Southwestern Boulevard from South Coppell Road to east of Grapevine Creek. Approval will allow Southwestern Boulevard to be designed as one project from Denton Tap to South Coppell Road. Funds for this project have been allocated in the Street CIP accounts. Staff recommends approval of the design contract with Halff Associates. #Southwestern Blvd Design Contract MEMORANDUM TO: Mayor and City Council FROM: Keith R. Marvin, P.E., Project Engineer DATE: January 22, 2008 REF: Consider approval of an Engineering Services Contract with Halff Associates, Inc. to provide professional engineering and design services for the Southwestern Boulevard Infrastructure Improvements (from South Coppell Road to east of Grapevine Creek), Project #ST 07-01; for a total fee of $165,000.00; as provided for in CIP funds; and authorizing the City Manager to sign. This agenda item is to award a design contract to Halff Associates, Inc. for the design of improvements to Southwestern Boulevard from South Coppell Road to east of Grapevine Creek. Halff Associates is currently under contract with PAC Trust to design Southwestern Boulevard from east of Grapevine Creek to its intersection with Belt Line Road. It is our opinion that utilizing the same engineer for this portion of the road as PAC Trust is using on their portion will make for a smoother transition and provide a better overall project than if we hired a different firm to design this section. After the design is complete, there may be an opportunity to jointly award both sections of this roadway to one contractor to make for a smoother overall construction project. Halff Associates is a reputable engineering firm, and the proposed project manager is familiar with City of Coppell standards and design criteria. We are confident that this firm will be able to complete the design in an efficient and timely manner. Southwestern Boulevard will be reconstructed from the current two lane asphalt roadway to a concrete four lane roadway with improved drainage. There will be upgrades to the existing water and sewer services, and the bridge over Grapevine Creek will be reconstructed as part of this project as well. Staff recommends approval of entering into a contract with Halff Associates, Inc. in the amount of $165,000.00 for the design of improvements to Southwestern Boulevard from South Coppell Road to east of Grapevine Creek. Staff will be available to answer questions at the Council meeting. 1 INCH = FT. 0 200 200 100 Proposed Improvements Southwestern Blvd Re-Construction City of Coppell Project ST07-01 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-01 Created on: 23 May 2007 by Scott Latta AREA OF PROPOSED IMPROVEMENTS CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS § CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the _______day of ______________, 2008, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City" and Halff Associates, Inc., hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the Southwestern Boulevard Improvements (Coppell Road South to Grapevine Creek Bridge) Project #ST 07-01, hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scope of Services, A. Basic Services Parts I & II: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at monthly intervals. 3. Compensation. A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I under this Contract pursuant to the Fee Schedule described in Attachment B, Fee Schedule. Basic Services Part I Fee shall not exceed the lump sum of Ninety-Two Thousand, Five Hundred dollars ($92,500.00) provided, however, that modifications to the Basic Services Part I, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Basic Services Part II Fee: The Engineer shall be paid a fee under this Contract for Basic Services Part II pursuant to the Fee Schedule described in Attachment B, Fee Schedule. Basic Services Part II Fee shall not exceed the lump sum of Seventy –Two Thousand, Five Hundred dollars ($72,500.00) provided, however, that modifications to the Basic Services Part II, or other conditions defined herein may necessitate a change of Basic Fee which shall be reduced to writing and approved by the City or its designee. C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of One Hundred Sixty-Five Thousand dollars ($165,000.00): The lump sum Basic Services Part I Fee plus the lump sum Basic Services Part II Fee. D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and/or Basic Services Part II on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer, the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly; however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. Fee increases will be based on an agreed upon budget to be billed based on the Hourly Rate Schedule included in Attachment “B”. 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre- Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, including attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from the negligent acts, errors or omissions of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. Upon completion of the professional services that are the subject of this Agreement and receipt of payment in full Engineer agrees to provide City with the instruments representing Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents which may be used by the City as City desires, without restriction; and City agrees that it will indemnify, defend and hold harmless Engineer from any and all claims, suits, demands, allegations and liability, to the fullest extent permitted by law, connected in any way with use or future use by City outside the terms of this Contract . Copies may be retained by Engineer and City. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas Engineering Dept. 255 Parkway Blvd. Coppell, Texas 75019 Engineer: B. David Littleton, P.E, Halff Associates, Inc. 1201 N. Bowser Road Richardson, TX 75081 IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL ENGINEER:___________________ BY: BY: ______________________ ______________________________ City Manager Name & Title Date: __________________ Date:_________________________ ATTEST: ATTEST: _______________________ ______________________________ (CORPORATE SEAL) ATTACHMENT “A” BASIC SERVICES PART I FOR SOUTHWESTERN BOULEVARD IMPROVEMENTS The Engineer agrees to render services for the development and completion the Project as outlined herein. The Basic Services to be performed by Engineer under this Contract include the following: A. SCHEMATIC DESIGN 1. When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer, will result in providing facilities which are economical in design and conform to instruction from the City. 2. The Engineer shall attend such conferences with officials of other agencies including other engineering and/or surveying firms under contract with the City, as may be necessary in the opinion of the City for coordination of the proposed paving and related improvements with the requirements of such other agencies. It shall be the Engineer’s duty hereunder to secure necessary information from such agencies. 3. The Engineer shall advise the City with regard to the necessity for subcontract work such as surveys required for right-of-way acquisition, additional geotechnical investigations, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall be made only upon authorization by and at the expense of the City. 4. During the schematic design phase the Engineer shall coordinate with Franchise and City utility agencies as to any proposed utility lines or the need for adjustment to the existing utility lines within the project limits. The information obtained shall be shown on the schematic plans and addressed in the schematic design report. The Engineer shall show on the schematic, preliminary, and final plans the location of the proposed utility lines, existing utility lines, and any adjustments and/or relocation of the existing lines based of information provided by the respective utility company. 5. The Engineer shall provide necessary design field surveys for his use in the preparation of plans and specifications. The Engineer shall also locate existing property monumentation to delineate current right-of-way limits. 6. The Engineer shall supply construction plans to Public utility companies having facilities affected by the project and pipeline companies which have existing and proposed facilities within the limits of the Project. The above mentioned construction plans shall consist of the following: one set of dated schematic plans, one set of dated preliminary plans, and, one set of dated and approved advertising (final) plans. 7. The Engineer shall furnish for City review two (2) copies each of the schematic engineering plans at a scale of 1”=20’ and a written report on the project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the City, to include layouts, preliminary right-of-way needs, opinion of probable cost for each alternate proposed, and the Engineer’s recommendation(s). B. PRELIMINARY DESIGN 1. The Engineer shall meet with the City to discuss the schematic design plans and report, and the Engineer will then proceed with preparation of the preliminary design of the project incorporating all comments received from the City and agreed upon by both the City and the Engineer into these plans. 2. The Engineer shall provide detailed design data, profiles, cross-sections where appropriate, opinions of probable cost, and furnish two (2) copies of detailed preliminary design plans for the project to the City for review. The Engineer shall indicate on the plans the location of existing and proposed utilities and storm drains. Storm drainage calculations shall also be provided on the drainage layout sheet in the plans. Engineer shall also furnish an electronic version of the Preliminary Plans in ACADD 2004 format. 3. After receipt of preliminary design review comments from the City, the Engineer shall make all corrections noted and then commence preparation of the final design plans and specification/contract documents. C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E) 1. Incorporating all City review comments from the preliminary design submittal, the Engineer will complete the final plans, prepare contract documents/specifications, and a final opinion of probable cost for the authorized construction units. This shall include summaries of bid items and quantities, but the Engineer does not guarantee that Contractor bids will not vary from such opinion. Each of these items (2 copies each) shall be submitted to the City for final approval. 2. After receipt of final plan/specifications/contract documents review comments from the City, the Engineer shall make all corrections noted and then furnish twenty (20) copies of contract documents (project manual) and final bid plans to the City for distribution to Contractors for bidding the Project. Contract documents shall contain the Notice to Bidders, Proposal, Wage Rates, General and Special Provisions, Special Specifications, Insurance Statement, Payment, Performance, and Maintenance Bonds, and all other required City Contract forms. City will provide required contract forms and other standard documents to be included in the project manual. 3. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. City may use such drawings in any manner it desires provided, however, that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. The Engineer shall also furnish an electronic version of the Final Construction Plans in ACADD 2004 format and .pdf format. 4. The Engineer shall determine the right-of-way and easement needs necessary for the construction of the project and furnish same to City. As an additional service, the Engineer shall provide the necessary land survey, Deed and Abstract Records search, right-of-way exhibit and description of the single property parcel to be acquired for this project. D. CONSTRUCTION ADMINISTRATION. 1. If requested by the City, the Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders for required newspaper advertising --and place notice with Texas Contractor magazine and Dodge Report. 2. The Engineer will attend a pre-bid meeting if deemed necessary by the City. 3. If bids are received by the City, the Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special review shop drawings required of the Contractor by the Construction Contract(s). Such review shall be for general conformance with the design concept and general compliance with the plans and specifications under the Construction Contract(s). 4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer will assist in the preparation of contract documents, including contract, performance, payment, and maintenance bonds and all other related City forms required to initiate construction on the project(s). 5. Engineer will arrange a pre-construction conference with City staff, Contractor(s), and all affected utility companies. 6. Engineer will provide periodic field representation and will monitor construction progress as often as Engineer deems necessary. However, once every month the Engineer shall attend a scheduled meeting with the project inspector and the Contractor(s) to discuss the construction progress. A written report shall be provided to the City after each of these monthly meetings. 7. Engineer will consult and advise the City regarding the need for any contract change orders and will prepare change orders as required for City approval. 8. Engineer will be available for interpretation of plans and specifications as may be required by the Contractor(s) in the field. 9. The Engineer will, with assistance from the City Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the City. 10. Engineer will provide, in conjunction with the City, a final review of the project and provide a “punch list” of deficient items to the Contractor(s). Punch list will be prepared in conjunction with City Staff. 11. Engineer will revise construction drawings as necessary to adequately reflect any revisions in the construction from that which was represented on the plans and/or specifications. 12. Engineer will provide the City with one (1) set of Mylar reproducible “Record Drawings” within 30 days after the completion of the project including updated digital files of the new construction for use in the City’s computerized mapping system. Engineer shall also provide an electronic version of the Record Drawings in ACADD 2004 and .pdf format. Unsealed Record drawing will include the following stamp: Record Documents prepared based on information provided by the Owner. Halff Associates, Inc. has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omission which may be incorporated herein, as a result. Elevations and actual locations have not been field verified. BASIC SERVICES PART II SPECIAL ENGINEERING & SURVEYING SERVICES • TOPOGRAPHIC MAPPING AND ALIGNMENT SURVEY Using City of Coppell and local survey control, we will obtain filed survey data needed to create a contour map with 1-foot contours. We will tie horizontal and vertical location of existing utilities in the improvement area. Underground utilities will be shown from available records and field tied at locations available from the surface. We will tie property corners found in the field and show the location in relation to the right-of-way as platted. This task does not include resolution of any right-of-way discrepancies found as a result of this effort. • GEOTECHNICAL INVESTIGATION Halff Associates will retain the services of Henley Johnston Associates to update a previously prepared Geotechnical Investigation for this area. We anticipate 2 borings at the bridge location and 2 borings in the roadway area. This work does not include material testing services during construction. • UPDATE HYDRAULIC MODELING FOR NEW BRIDGE CONSTRUCTION Halff Associates will update previously prepared Hydraulic Model (HEC2) to include new bridge configuration. Previous modeling prepared in the early 1990’s to obtain a CLOMR for the area will be used to show the proposed new improvements. • INVESTIGATE 404 AND FLOOD PLAIN MODIFICATION Halff Associates will determine if bridge design and storm drain improvements will require 404 permitting in excess of notification. We will notify the City if additional permitting will be required. Permitting assistance can be provided as an additional service. • FLOOD PLAIN LETTER OF MAP REVISION (LOMR) Halff Associates will prepare the required documentation, after construction is complete, for submittal to FEMA. We will work with FEMA and FEMA consultants to secure the LOMR. A submittal fee for the LOMR will need to be paid to FEMA by the City. • FRANCHISE UTILITY RELOCATION COORDINATION Halff Associates will contact various Franchise Utility agencies and coordinate required relocation or adjustment. We will prepare a schematic utility relocation layout showing existing utility location and new roadway improvements. EXCLUSIONS 1. Quality control and material testing services during construction. 2. Preparation of any right-of-way or easement dedication documents, or surveying support required to prepare these documents. 3. Filing fees and submittal fees. 4. Environmental impact statements and assessments, or hazardous material assessments. 5. Construction staking. 6. Section 404 Permitting and associated studies. 7. The Design Professionals shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might in the sole judgment of the Design Professional, increase the Design Professional’s risk or the availability or cost of his or her professional or general liability insurance. 8. Layout and design of any screening or landscape fencing. 9. Design of special landscaping and irrigation in excess of grassing of parkways and areas disturbed by construction. ATTACHMENT B FEE SCHEDULE Engineering Fees for Southwestern Boulevard Extension Grapevine Creek to Coppell Road Coppell Texas January 9 2008 1 1008 07 5058 W063ATTACH B PrelimFeeEst1 01 09 08 xls Roadway Length 1500 LF Site Area Acres N A Basic Services Part I INCLUDE TOTAL SPECIAL 1 Y O N SERVICE FEE Preliminary Layout Plan Profile 1 INCL Bridge Design 1 INCL Roadway Paving Drainage Design 1 INCL Water Wastewater Improvement Design 1 INCL Specifications 1 INCL Bidding Phase Services 1 INCL Construction Phase Services 1 INCL Erosion Control Plan and SWP3 1 INCL Total Basic Services Part I 92 500 0 Basic Services Part II INCLUDE LUMP SUM Special Engineering Surveying Services 1 Y 0 N FEE Topographic Mapping Alignment Survey 1 7 500 Tree Identification and Location Survey 1 2 500 Geotechnical Investigation 1 7 500 Update Hyradulics for New Bridge 1 12 500 Flood Plain Modification LOMR 1 25 000 Franchise Utility Relocation Coordination 1 7 500 404 Permit Investigation 1 INCL Unsealed Record Drawings Update Contractor provided data 1 5 000 Reimbursable Expense 1 5 000 Total Special Engineering Surveying Services 72 500 0 TOTAL BASIC SERVICES PART I II 165 000 See Attachment A for excluded items not included in fee estimate AVERAGE HOURLY RATES FOR ENGINEERING AND SURVEYING PERSONNEL AND DIRECT COSTS Personnel Services: Principal.................................................................................................................................$165.00 Project Manager.....................................................................................................................$135.00 Professional Engineer.............................................................................................................$110.00 Registered Professional Land Surveyor ..................................................................................$ 95.00 Project Engineer......................................................................................................................$ 92.00 Engineer/Surveyor in Training (EIT/SIT)...............................................................................$ 84.00 CADD Technician...................................................................................................................$ 75.00 Clerical....................................................................................................................................$ 65.00 Direct Costs...............................................................................................................................x 1.10 Surveying Services: 3-Man Survey Crew...............................................................................................................$125.00 2-Man Survey Crew...............................................................................................................$105.00 Field Party Coordinator/RPLS ...............................................................................................$ 95.00 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Secrtary January 22, 2008 13 ✔ RESOLUTION Consider approval of a Resolution calling the Regular Municipal Election for Councilmembers Place 1, 3, 5 and 7 for Saturday, May 10, 2008; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the Mayor to sign. Funds for the contract for elections have been budgeted in the City Secretary elections line item. (01-02-41-4290) Staff recommends approval. %callelection RESOLUTION NO. ___________________ ORDER OF GENERAL ELECTION May 10, 2008 BE IT REMEMBERED THAT on this the 22nd day of January, 2008, at a meeting of the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS HEREBY ORDERED that an election be held on the 10th day of May, 2008, 7:00 a.m. to 7:00 p.m., for the purpose of electing one Councilmember for Place 1, one Councilmember for Place 3, one Councilmember for Place 5, and one Councilmember for Place 7. The election shall be held as a Joint Election administered by the Dallas County Elections Administrator in accordance with the provisions of the Texas Election Code and a Joint Election Agreement. The candidate for such office receiving a majority of all votes cast for all candidates for such office shall be elected to serve such term or until his or her successor is duly elected and qualified. In the event any candidate for said office fails to receive a majority of all votes cast for all the candidates for such office, a run-off election shall be held. If a run-off election becomes necessary, the run-off election will be held on Saturday, June 14, 2008. The Dallas County Elections Administrator will conduct the Election. Page 1 TM 23487.2.000 A Presiding Election Judge and an Alternate Presiding Election Judge shall be appointed in accordance with the Joint Election Agreement. Early voting by personal appearance shall be conducted at the Town Center Atrium, 255 Parkway Boulevard, Coppell, Texas 75019. Early voting will be conducted on weekdays beginning Monday, April 28, 2008 through Friday, May 2, 2008, 8:00 a.m. - 5:00 p.m.; Saturday, May 3, 2008, 8:00 a.m. - 5:00 p.m.; Sunday, May 4, 2008, 1:00 p.m. - 6:00 p.m.; Monday, May 5, 2008 through Tuesday, May 6, 2008, 7:00 a.m. - 7:00 p.m. Qualified residents of Coppell may vote early in the Joint Election by personal appearance at either the Coppell Town Center or at any of the other branch locations, as published by Dallas County. Application for a ballot by mail shall be mailed to: Bruce R. Sherbet Chief Deputy Early Voting Clerk Dallas County Elections Department Health & Human Services Building 2377 N. Stemmons Freeway, Suite 820 Dallas, Texas 75207 Application for ballot by mail must be received no later than the close of business on May 2, 2008. The City Secretary shall present such returns to the City Council for the canvassing of said election. The canvass of said election returns shall be conducted by the City Council not earlier than the 3rd day nor later than the 11th day after the election. Page 2 TM 23487.2.000 DULY ORDERED by the City Council of the City of Coppell, Texas the 22nd day of January, 2008. APPROVED: DOUGLAS N. STOVER, MAYOR CITY OF COPPELL, TEXAS ATTEST: LIBBY BALL, CITY SECRETARY CITY OF COPPELL, TEXAS APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 01/02/2008) Page 3 TM 23487.2.000 DECRETO NÚM. _________________ MANDATO DE CONVOCAR A ELECCIONES GENERALES 10 de mayo del 2008 HÁGASE A MANERA DE RECORDATORIO que en este día 22 del mes de enero del año 2008, en una reunión del Ayuntamiento del Municipio de Coppell, Texas, estando presente el quórum, la reunión se llamó al orden y el ayuntamiento promulgó el mandato a continuación: POR ESTE CONDUCTO SE ORDENA que se convoquen elecciones el día 10 de mayo del año 2008, de las 7:00 a.m. a las 7:00 p.m., con el propósito de elegir a un concejal del ayuntamiento para que ocupe el escaño 1, un concejal del ayuntamiento para que ocupe el escaño 3, un concejal del ayuntamiento para que ocupe el escaño 5 y un concejal para que ocupe el escaño 7. Las elecciones deberán llevarse a cabo como una Elección Conjunta administrada por el Administrador de Elecciones del Condado de Dallas conforme lo establecen las cláusulas del Código Electoral de Texas y el Convenio de Elecciones Conjuntas. El candidato para ocupar dicho escaño, a quien se le haya otorgado la mayoría de todos los votos decisivos para ocupar dicho escaño, será electo para prestar sus servicios durante esa gestión o hasta que su sucesor(a) sea debidamente electo(a) y llene las cualidades establecidas. En caso de que cualquier candidato para dicho escaño no logre acumular la mayoría de los votos decisivos para todos los candidatos a ocupar dicho escaño, se llevará a cabo una segunda ronda de elecciones posterior a la primaria. Si llegase a ser necesaria una segunda ronda Página 1 TM 23487.2.000 de elecciones posterior a la primaria, dicha elección se llevará a cabo el sábado 14 de junio del año 2008. El Administrador de Elecciones del Condado de Dallas será el dirigente de dicha elección. Se nombrará a un juez que presidirá los comicios electorales y un juez alterno que presidirá dichos comicios y conforme lo establece el Convenio de Elecciones Conjuntas. El ejercicio del voto anticipado, en persona, podrá ejercerse en el atrio del Town Center, ubicado en el 255 Parkway Boulevard, en Coppell, Texas 75019. El voto anticipado podrá ejercerse en días hábiles a partir del lunes 28 de abril del 2008, hasta el viernes 2 de mayo del 2008, de las 8:00 a.m. a las 5:00 p.m., el sábado 3 de mayo del 2008 de las 8:00 a.m. a las 5:00 p.m., el domingo 4 de mayo del 2008 de la 1:00 p.m. a las 6:00 p.m., desde el lunes 5 de mayo del 2008 hasta el martes 6 de mayo del 2008 de las 7:00 a.m. a las 7:00 p.m. Quienes residan en Coppell y cumplan con los requisitos, podrán ejercer el voto en las Elecciones Conjuntas y en persona, ya sea en las instalaciones de Coppell Town Center o en cualquier otra casilla electoral, según lo publique el Condado de Dallas. Las solicitudes de boletas electorales por correo deberán enviarse a: Bruce R. Sherbet Chief Deputy Early Voting Clerk Dallas County Elections Department Health & Human Services Building 2377 N. Stemmons Freeway, Suite 820 Dallas, Texas 75207 La solicitud de boletas electorales por correo deberán recibirse antes del cierre oficial del día de oficinas del día 2 de mayo del 2008. Página 2 TM 23487.2.000 La Secretaria del Ayuntamiento deberá presentar las boletas devueltas para su conteo general de dichas elecciones y ante el Ayuntamiento Municipal. El conteo general de las boletas electorales devueltas de dichas elecciones deberá llevarse a cabo por conducto del Ayuntamiento Municipal no antes del 3er. día ni después del 11o. día posterior a las elecciones. DEBIDAMENTE ORDENADO por el Ayuntamiento Municipal de Coppell, Texas el día 22 de enero del año 2008. APROBADO: DOUGLAS N. STOVER - ALCALDE AYUNTAMIENTO MUNICIPAL DE COPPELL, TEXAS ATESTIGUÓ: LIBBY BALL – SECRETARIA DEL AYUNTAMIENTO AYUNTAMIENTO MUNICIPAL DE COPPELL, TEXAS APROBADO POR SU CONTENIDO Y FORMA: ROBERT E. HAGER – PROCURADOR DE JUSTICIA DEL MUNICIPIO (REH/cdb 01/02/2008) Página 3 TM 23487.2.000 AGENDA REQUEST FORM DATE: January 22, 2008 ITEM #: 14 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding condolences to Jayne and Corinne Peters. B. Report by Mayor Pro Tem Hinojosa-Flores regarding Metroplex Mayors’ Meeting C. Report by Councilmember Faught regarding former Councilmember Walter Pettijohn. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: January 22, 2008 ITEM #: 15 COUNCIL COMMITTEE REPORTS A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell. B. Coppell ISD – Councilmembers Peters and Faught. C. Coppell Seniors – Councilmembers Brancheau and Faught. D. Dallas Regional Mobility Coalition – Councilmember Peters. E. Economic Development Committee – Mayor Pro Tem Hinojosa-Flores and Councilmember Franklin. F. International Council for Local Environmental Initiatives (ICLEI) – Councilmember Brancheau G. Metrocrest Hospital Authority – Councilmember Tunnell. H. Metrocrest Medical Foundation – Councilmember Tunnell. I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-Flores. J. Metrocrest Social Service Center – Councilmember Tunnell. K. North Texas Council of Governments – Councilmember Brancheau. L. NTCOG/Regional Emergency Management – Councilmember Franklin. M. North Texas Commission – Councilmember York. N. Senior Adult Services – Councilmember Faught. Agenda Request Form - Revised 06/03 Document Name: %ccommreport AGENDA REQUEST FORM DATE: January 22, 2008 ITEM #: 16 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: January 22, 2008 ITEM #: 17 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: January 22, 2008 Department Submissions: Item No. 9/B was placed on the Agenda for the above-referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Human Resources Department Item No. 9/E was placed on the Agenda for the above-referenced City Council meeting by the Fire Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Fire Department Item Nos. 9/C, 9/D, 11 and 12 were placed on the Agenda for the above- referenced City Council meeting by the Engineering Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Engineering Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting he same to the and hereby submit t City Council for consideration. ____________________ City Manager (or Deputy City Manager)