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CP 2009-01-13 NOTICE OF CITY COUNCIL MEETING AND AGENDA JANUARY 13, 2009 DOUG STOVER, MARVIN FRANKLIN, Place 6 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, Place 7 CLAY PHILLIPS, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed 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 13, 2009, at 5:30 p.m. for Work Session, Executive 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. ag011309 Page 1 of 6 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Presentation by Fred Hill regarding Legislative Service. B. Discussion regarding Legislative Agenda. C. Presentation by Ken Griffin regarding S.H. 121 Sound Walls. D. Discussion regarding Joint Meetings with Boards & Commissions. E. Discussion of Agenda Items. Adjourn Work Session. EXECUTIVE SESSION (Closed to the Public) 3. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Mira Mar vs. City of Coppell. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale and acquisition of Real Property West of Denton Tap and South of Bethel Road. 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 and North of Sandy Lake and West of Denton Tap. 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. 6. Pledge of Allegiance. 7. Swearing in of Deputy City Manager. ag011309 Page 2 of 6 ITEM # ITEM DESCRIPTION 8. Consider approval of a proclamation naming the month of January School Board Appreciation Month, and authorizing the Mayor to sign. 9. Presentation to the City Council of the "Target National Night Out 2008 Award" from the Coppell Police Department for being selected as the best program in Category #4 during National Night Out 2008. 10. Citizens' Appearances. CONSENT AGENDA 11. Consider approval of the following consent agenda items: A. Consider approval of minutes: December 9, 2008 December 16, 2008. B. Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell, Texas by amending Section 8-3-1 (A) of the Code of Ordinances; making it unlawful to park, stand or stop a vehicle at all times on Bethel Road from the south curb line at the southeast corner of Freeport Parkway east to a distance of 360 feet; and authorizing the Mayor to sign and execute any necessary documents. C. Consider approval of an Ordinance amending the Code of Ordinances Chapter 8, Article 1, Section 4 School Zone Speed to establish the maximum prima facie speed limit for a designated school zone on Parkway Boulevard from 438 feet west of the centerline of Cowboy Drive to 354 feet east of the centerline of Cowboy Drive; and authorizing the Mayor to sign and execute any necessary documents. D. Consider approval to purchase equipment from Evans Dispatch Product in the amount of $62,162.82 to upgrade consoles in the Coppell Communications Center, as approved in the FY 08/09 budget; and authorizing the City Manager to sign. E. Consider approval to purchase fifteen (15) CORE Control Law Enforcement integration systems, with accessories, for the 2009 Police Fleet from John Wright and Associates in the amount of $97,287.90 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. ag011309 Page 3 of 6 ITEM # ITEM DESCRIPTION F. Consider approval to purchase removal and installation services for police equipment in the 2009 Police Patrol Fleet from Main Street Installers/John Wright Associates, Inc. in the amount of $76,220 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. G. Consider approval to purchase Whelen emergency lighting equipment for the 2009 Police fleet from Fleet Safety Equipment, Inc. in the amount of $73,749.36 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. H. Consider approval to purchase twenty three (23) Stalker RADAR/LIDAR units for the Patrol and Traffic Divisions of the Police Department in the amount of $74,095; and authorizing the City Manager to sign. I. Consider approval to purchase fourteen (14) Panasonic Toughbooks to be utilized as vehicle Mobile Display Computers from Portable Computer Systems in the amount of $62,874 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. J. Consider approval to purchase twenty-two Flash Back II digital video recording units from L3 Communications Mobile Vision, Inc. in the amount of $177,602.45 as approved in the FY 08/09 budget; and authorizing the City Manager to sign. K. Consider approval of a Professional Services Agreement with TBG Partners in the amount of $77,120.00 for planning services related to a complete Trail System Master Plan; and authorizing the CRDC President and City Manager to sign. L. Consider approval of a Professional Services Agreement with TBG Partners in the amount of $54,965.00 for design services related to two sections of trail (Bethel Rd. to Creekview section and Hunterwood Park section); and authorizing the CRDC President and City Manager to sign. M. Consider approval of an Interlocal Agreement with the Collin County Purchasing Forum to participate in their cooperative purchasing program and authorizing the Mayor to sign. N. Consider approval to purchase vehicles through the BuyBoard Cooperative Purchasing contract 281-07 from Philpott Motors for ag011309 Page 4 of 6 ITEM # ITEM DESCRIPTION Fleet, Parks, Streets and Utilities in the amount of $222,320.00 as budgeted. O. Consider approval of a six-month extension to the expiration date of January 7, 2009 for the Cici’s Addition No. 1, Lot 1R, Block 1, Replat, to revise the location of the fire lane to allow the expansion of the existing office/warehouse building on 5.14 acres of property located at 1080 W. Bethel Road. P. Consider approval of an Ordinance for Case No. S-1249-C, Sprouts, a zoning change from C (Commercial) to S-1249-C (Special Use Permit-1249-Commercial), to allow a 28,887-square-foot grocery store to occupy a portion of an existing building, to modify the front elevations and add two trellis structures to the front of the building, located at 110 W. Sandy Lake Road, Suite 180, and authorizing the Mayor to sign. END OF CONSENT 12. PUBLIC HEARING: Consider approval of an application by Chesapeake Energy to drill two gas wells on 3.1 acres of property west of Coppell Road, south of Canyon Drive, with Final Phase site plan (ultimate build-out) which indicates up to 9 additional wells on this pad site. 13. Consider approval of an Ordinance for Case No. ZC-623, East Bethel Road, a zoning change from R (Retail) to SF-12 (Single Family-12) to allow the construction of a single-family home on 0.6278 acres of property located on the north side of Bethel Road, approximately 315 feet east of Denton Tap Road, and authorizing the Mayor to sign. 14. Consider approval of a request to designate the bridge over Grapevine Creek on Southwestern Boulevard as "One Way Only" eastbound for a period of six months during the road reconstruction project, and authorizing a bonus to the contractor for early completion. 15. Consider approval of an Engineering Services contract amendment in the amount of $71,500 to a contract approved on January 22, 2008 with Halff Associates, Inc.; for additional services related to the Southwestern Boulevard Infrastructure Improvements (from South Coppell Road to east of Grapevine Creek), Project #ST 07-01; and authorizing the City Manager to sign and execute any necessary documents. ag011309 Page 5 of 6 ITEM # ITEM DESCRIPTION 16. Mayor and Council Reports. A. Report by Mayor Stover regarding Metroplex Mayors Meeting. B. Report by Mayor Stover regarding the loss of The Reverend Lou Brown. 17. Necessary action resulting from Work Session. 18. 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 9th day of January, 2008, 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. 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). ag011309 Page 6 of 6 KEY TO COUNCIL GOALS ICONS COPPELL VISION 2030 Sustainable City Government • Excellent City Services with high level of Customer Satisfaction • “Green” City Operations and Facilities • Excellent and Well-maintained City Infrastructure and Facilities • Top Quality City Workforce • Financial Resources to Support City Services Business Prosperity • Retention and Attraction of Businesses that generate revenues for the City • Major Retail and Top Quality Business Office Park along I-635 and SH 121 • Old Coppell as a Small Town Village • Community Commercial Centers • House Offices and Home-Based Businesses Community Wellness and Enrichment • Community Gathering Places • Recreation Programs and Services for all Generations • Expand Cultural Arts Amenities and Opportunities • Residents’ Wellness and Longevity • Community Education Programs and Support of Top Quality Schools • Multi-Use Trail Systems Connecting the City Sense of Community • Residents and Businesses Engaging and Contributing to the Coppell Community • Strong Community Events and Festivals • New Residents Welcome and Involved • Effective Community Partnerships • Future Civic Community Leaders’ Development Special Place to Live • Quality Housing for Family Generations • Beautiful Green City • Revitalizing Neighborhoods • Mobility within Coppell • Easy Access to Dallas-Fort Worth Regions AGENDA REQUEST FORM DATE: January 13, 2009 ITEM #: WS-2 WORK SESSION A. Presentation by Fred Hill regarding Legislative Service. B. Discussion regarding Legislative Agenda. C. Presentation by Ken Griffin regarding S.H. 121 Sound Walls. D. Discussion regarding Joint Meetings with Boards & Commissions. E. Discussion of Agenda Items. Agenda Request Form - Revised 02/07 Document Name: %wksessn Rep. Fred Hill Awards relating to local governments Texas Municipal League Texas Municipal League Hall of Fame (Awarded only four times in its history) Legislator of the Year 2003 Legislator of the Year 1997 Outstanding Legislator 1995 Outstanding Legislator 1993 Texas Association of Counties Watch Dog Award 2005 (Awarded only 3 times in its history) Friend of County Government 2005 Legislator of the Year 2007 Texas Police Chiefs Association Legislator of the Year 1995 Most Valuable Player of 79th Legislative Session-Capitol Insider Top Ten Best Legislators of 79th Legislative Session-Texas Monthly Elective Offices Held Texas House of Representatives 8oth session 2006-2008 79th session 2005-2006 78Ih session 2003-2005 77th session 2001 -2003 76th session 1999-200 1 75th session 1997- 1999 74th session 1995-1 997 73'd session 1 993- 1995 72nd session 1991 - 1993 71 St session 1989-1991 Legislative Committee Assignments 8oth session: Chairman, Committee on Local Government Ways and Means Member, Committee on Transportation Member, Legislative Budget Board 79th session Chairman, Committee on Local Government Ways and Means Member, Committee on Transportation Member, Legislative Budget Board 7gth session Chairman, Committee on Local Government Ways and Means Member, Committee on Transportation Member, Legislative Budget Board 77th session Member, Committee on Urban Affairs Member, Committee on Transportation 76th session Chairman, Committee on Urban Affairs Member, Committee on Transportation 75th session Chairman, Committee on Urban Affairs Member, Committee on Transportation 74th session Chairman, Committee on Urban Affairs Member, Committee on Transportation 73rd session Chairman, Committee on Urban Affairs 72nd session Member, Higher Education 71'' session Member, Judicial Affairs Member, State & Cultural Resources Richardson Independent School District Board of Trustees 1983-1989 M E M O R A N D U M DATE: December 3, 2008 TO: Mayor and City Council FROM: Jim Witt, City Manager Clay Phillips, Deputy City Manager SUBJECT: Legislative Agenda While it is December, within six weeks the Legislature will be convening to begin their biannual deliberations. The following are some of the key areas we feel we need to monitor at this stage ranked in order of priorities from the Manager’s office: 1. Streamlined Sales Tax Implementation measures. There has been some debate over the issue for the last six years. In recent months Deputy City Manager Phillips has met with representatives of various cities in the Metroplex attempting to develop an effective strategy that addresses concerns expressed by many municipalities (Room Store-type actions) that were taken by the city of Grand Prairie and general business practices such as defending the sales tax that we garner from the Staples operation here in Coppell. Much progress has been made in this area, but there still is a tremendous amount of disagreement on implementation strategies between the private and public sectors. It appears at this time that the Comptroller will not be introducing legislation to adopt the Streamlined Sales Tax implemented wholeheartedly here in Texas. Our goal, once again, is to preserve the present origin-destination sales tax collections, while at the same time clarifying some of the grey areas that exist under present law that were found in the Room Store situation. We also have two particular furniture warehouses here in Coppell, Haverty’s and Robb and Stucky, which have “room store” type operations. STATUS: Monitor and oppose the implementation of a Streamlined Sales Tax Bill or any tax specific bill which changes the existing origin based sales tax process for the State of Texas. 2. Property Tax and Revenue Caps Capital Legislation. The city of Coppell will monitor and oppose any State legislation to impose revenue caps on cities, counties, and other local units of governments. In recent legislative sessions this issue has been pushed down due to other various Statewide policies issues. But, as always, there will be an attempt to further limit our ability to Mayor and City Council December 3, 2008 Page Two effectively implement the priorities of our citizenry through various means of revenue generation, including property and sales taxes. STATUS: Monitor situation and oppose any legislation which erodes the City’s tax base or existing revenue base. 3. Collective Bargaining. There will be the usual attempts by certain members of the legislature, predominately from the Houston area, to impose mandatory collective bargaining for public safety. This issue will also merit attention at the federal level given the outcome of the recent elections. The City has in the past opposed these and will continue to do so. Our general policy in management is that we treat all of our employees in an equitable and positive manner. This has been assisted in the past by City Council which has been in the forefront in advocating strong benefits and pay for all employees of the city of Coppell. STATUS: Monitor and oppose any mandatory collective bargaining agreement. 4. Local Option Sales Tax Legislation. It appears there will be some movement in this legislature to provide a local option sales tax to address transportation issues on a regional basis. In an editorial on December 1 in the Dallas Morning News, Senator Corona in Dallas proposed that municipalities and counties should be given more leeway in generating local sales tax above and beyond the Statewide cap for specific transportation issues. There seems to be a mixed bag in the legislature regarding support for this measure. Our general feeling is that it does not have many legs given some other issues that the legislature has before it. STATUS: Monitor and support any flexibility proposed by the legislature in implementing a local sales tax that addresses the needs identified by local government and its constituents. 5. Red Light Cameras. This area, due to some recent legal action, will probably come under closer scrutiny by the legislature again. As you know, at the last legislative session they essentially pared in half any revenue garnered by the City in our efforts to reduce accidents in high profile intersections. STATUS: Monitor any red light camera legislation. 6. Alcoholic Beverage Sales. There appears to be some bills introduced early in the legislative process which could impact the sale of alcoholic beverages within our community. In particular it would impact parks and school facilities. We are completely opposed to any loosening of restrictions regarding the proposed sale of alcoholic beverages in or around such facilities, and feel the present State law provides adequate protection. STATUS: Monitor and oppose any loosing restrictions regarding the sale of alcoholic beverages. TZl Regional Transportation Council Im - The Transportation Pol~cy Body for the North Central Texas Council of Governments (Metropolitan Plannlng Organlzatlon for the Dallas-Fort Worth Regton) DATE: Dd TO: County Judges and Mayors; Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties $i UIZ FROM: Linda Koop, Chair, Regional Transportation Council Councilmember, City of Dallas j '~;V~MANAGER' 1 CITY OF COPPELL SUBJECT: Request for Support of the Regional Transportation Council Legislative Program for the 81" Texas Legislature Including Rail North Texas The 815' Texas Legislative Session begins on January 13, 2009. This legislative session will provide the opportunity to focus on transportation issues. It is critical the Dallas- Fort Worth region unite behind a common position. Following several months of discussion and consultation with partner entities, the Regional Transportation Council (RTC) passed a legislative program containing three high-priority positions, as well as additional positions to support and monitor. In addition, the RTC developed a specific legislative proposal on Rail North Texas in a separate resolution. On behalf of the RTC, I am requesting your entity pass a resolution of support for the attached legislative position and Rail North Texas proposal, and I ask that you make transportation your top legislative priority for the upcoming session. The highest legislative priority for the RTC is approval of Rail North Texas. This effort has been chaired by RTC member Jungus Jordan, Councilmember for the city of Fort Worth. Through this initiative we are seeking the authonty to create a transportation funding area made up of existing entities that will select projects with city and county coordination; we are also seeking to call an election to levee fees or taxes from a menu of authorized options. These fees and taxes will be unique to each county allowing the local elected officials to select the best revenue options for their communities. Once revenue is generated, it will be placed in an account dedicated to each county and distributed to transportation partners such as Dallas Area Rapid Transit, Denton County Transportation Authority, and The Fort Worth Transportation Authority to construct and operate transportation projects. The revenue raised will be primarily focused on building 251 miles of additional rail for a seamless passenger rail system, but other transportation improvements may be selected to level the playing fieid for current transit authority member cities. For more information on Rail North Texas, please review the enclosed packet and visit www.nctcog.org/rnt. ' Page 2 December 1 1,2008 A second priority is to expedite backlogged roadway projects statewide by increasing funding for transportation through several strategies. First, the Legislature should end diversions of transportation funding to non-transportation purposes and ensure that all ' transportation fees and taxes are placed into the State Highway Fund or the Texas Mobility Fund. A constitutional amendment to protect all State highway funds for transportation purposes would provide the certainty that these funds would be available into the future. Once transportation funding is protected, the RTC is calling for the State motor fuels tax to be increased and indexed to inflation. Finally, in 2007 voters approved $5 billion in general obligation bonds dedicated to transportation; the Legislature should appropriate general revenue to support issuance of these bonds. The third priority position is to capitalize the Rail Relocation Improvement Fund (RRIF). This fund was approved by voters in 2005, but the Legislature has yet to provide this funding. The RRlF would provide funding to relocate freight rail lines outside of major metropolitan areas to expedite the movement of goods, improve safety, and enhance air quality. The RRlF is critical to solving the Tower 55 concerns in Fort Worth at the intersection of the Union Pacific and BNSF rail lines just south of downtown. Improving the transportation system will benefit every community in the Dallas-Fort Worth region. By supporting Rail North Texas, increasing funding, and addressing goods movement, our region can improve the transportation system and be prepared for the projected 9 million residents that will live in this region in 2030. In order to be effective in getting these positions passed, the entire region needs to show unity for the RTC's legislative position. We request that your entity pass a resolution in support of the RTC Legislative Program for the 81St Texas Legislature. Please send a copy of your resolution to Amanda Wilson, A.I.C.P, Transportation Planner, NCTCOG, 616 Six Flags Drive, Arlington, Texas, 7601 1. We look forward to a successful legislative session and appreciate the support of your community for advancing transportation policies that will improve our region. Please feel free to contact me or Michael Morris, P.E., Director of Transportation for the North Central Texas Council of Governments, at (817) 695-9241 if you have any questions regarding the RTC Legislative Program. Chair, Regional Transportation Council Councilmember, City of Dallas cc: County Administrators City Managers Transportation Authority Executive Directors Chamber of Commerce Presidents Transportation Partner Organization Executive Directors RESOLUTION APPROVING A REGIONAL TRANSPORTATION LEGISLATIVE PROGRAM FOR THE 81ST TEXAS LEGISLATURE (R08-08) WHEREAS, the North Central Texas Council of Governments is designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be the regional forum for cooperative decisions; and, WHEREAS, federal law, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users assigns the Metropolitan Planning Organization the responsibility for carrying out the metropolitan transportation planning process, in cooperation with the state and operators of publicly owned transit services; and, WHEREAS, the current metropolitan transportation plan, Mobility 2030, contains $70 billion ($2006, source: Mobility 2030) $77 billion ($2008) $135 billion (year of expenditure, source: Mobility 2030, State of the Region) of projects, programs, and policies that aggressively target traffic congestion, provide for multimodal travel options, improved air quality, and increased quality of life in a cost effective manner; and, WHEREAS, the Regional Transportation Council has identified, through the Texas Metropolitan Mobility Plan, an additional $59 billion ($2006, source: Mobility 2030) $64 billion ($2008) $1 09 billion (year of expenditure, source: Mobility 2030, State of the Region) of unfunded transportation needs to eliminate only the most serious congestion in the Dallas-Fort Worth region; and, WHEREAS, the Regional Transportation Council has advocated for additional transportation funding and flexibility for over 10 years, with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past 5 years; and, WHEREAS, a significant transportation funding crisis exists due to factors such as revenue sources that have not kept up with inflation, large increases in construction costs, federal rescissions, diversion of State transportation funds, an aging transportation system, and future uncertainty for the federal Highway Trust Fund; and, WHEREAS, an integrated system of highways, toll roads, local streets, passenger rail, freight rail, and aviation facilities is essential to the movement of people and goods within and through our region in order to continue to have economic success; and, WHEREAS, local governments are funding a larger share of transportation improvements through local sales taxes, property taxes, toll roads, and allocations from nanarel fa ~nrlc In tn Anern-cinn fnr(nr-l 3nA Ctdn rn\mnl lne. -nA WHEREAS, the market valuation process and local toll agency primacy established by SB 792 (80th Texas Legislature) are cumbersome, have created a situation where two agencies are in opposition. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. The Regional Transportation Council will actively pursue a three point legislative position during the 81StTexas Legislature, as detailed in Attachment 1. Section 2. The Regional Transportation Council is working with the North Texas Tollway Authority and regional partners to develop a common position on delivering toll roads. Section 3. This resolution will be transmitted to the North Texas legislative delegation. Section 4. This resolution will be transmitted to local governments, partner organizations, and other interested parties with a request to support transportation as the region's highest legislative priority for the 8lStTexas Legislature and a request to endorse this resolution. In addition, each entity is requested to transmit its position of support on these primary legislative proposals to the legislative delegation and NCTCOG. Section 5. The NCTCOG Transportation Director is authorized to communicate these positions on behalf of the Regional Transportation Council. Section 6. This resolution shall be in effect immediately upon its adoption. Regional ~rans~ortation council Councilmember, City of Dallas I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for the Dallas-Fort Worth Metropolitan Area on October 9, 2008. Ron Natinsky, Secretary Regional Transportation Council Councilmember, City of Dallas Attachment 1 Decernber ZOO8 Dallas-Fort Worth Regional Transportation Council Legislative Program 81 st Texas Legislature Leaislation to Actively Pursue Support the Rail North Texas initiative to provide options to fund regional rail. Authorize metropolitan regions to enact a local option transportation tax with voter approval for rail and roadways. Advancing passenger rail continues to be the primary focus of the legislative program. Support initiatives to expedite backlogged roadway projects: * Constitutionally protect all revenues in Fund 006 for roadway maintenance and capacity improvements; * Discontinue the diversion of transportation resources; * Increase and index transportation taxes, such as the motor fuels tax; * Provide funding for the Proposition 12 General Obligation bonds; and, * Reallocate highway user fee revenues from the General Revenue Fund to the Texas Mobility Fund. Capitalize the Rail Relocation Improvement Fund. Revenues for goods movement are critical to enhance rail freight mobility. m5 North Central Texas Council of Louernments Regional Transportation Council Ern kn NCTCOG Executive Board 2008-2009 President Director Director Director John Murphy Mike Cantrell Carter Porter Kelly Walker Councilmember Commissioner, Dallas County Councilmember, City of Wylie Mayor Pro Tem City of Richardson City of University Park Director Director Vice President Linda Koop Sheri Capehart Director Bobby Waddle Councilmember, City of Dallas Councilmember, City of Arlington ~~h~ ~~tth~~~ Mayor, City of DeSoto Commissioner, Johnson County Director Director Secretary-Treasurer Carter Burdette Allen Harris General Counsel B. Glen Whitley Councilmember, Mayor Pro Tem Jerry Gilmore County Judge, Tarrant County City of Fort Worth City of The Colony Executive Director Past President Director R. Michael Eastland Chad Adams Keith Self County Judge, Ellis County County Judge, Collin County Regional Transportation Council 2008-2009 Linda Koop, Chair Rob Franke, P.E. Pauline Medrano Councilmember. City of Dallas Mayor. City of Cedar Hill Councilmember, City of Dallas 8. Glen Whitley, Vice Chair Bill Hale, P.E. John Monaco County Judge, Tarrant County District Engineer Mayor. City of Mesquite TxDOT, Dallas District Ron Natinsky, Secretary Rich Morgan Councilmember, City of Dallas Roger Harmon Citizen Representative. City of Dallas County Judge. Johnson County Ron Brown John Murphy Commissioner, Ellis County Kathleen Hicks Councilmember, City of Richardson Mayor Pro Tem. City of Fort Worth Mike Cantrell Robert Parmelee Commissioner. Dallas County Vonciel Jones Hill Chair. Fort Worth Councilmember, City of Dallas Transportation Authority Sheri Capehart Councilmember, City of Arlington Joe Jaynes Mark Riley Commissioner, Collin County County Judge. Parker County Maribel Chavez, P.E. District Engineer Ron Jensen Rick Stopfer TxDOT, Fort Worth District Counciimernber, City of Grand Prairie Councilmember, City of Irving Maurine Dickey Ron Jones John Taturn Commissioner, Dallas County Mayor, City of Garland Citizen Representative, City of Dallas Lee Dunlap Jungus Jordan T. Oscar Trevino, Jr., P.E. Councilmember, City of Plano Councilmember, City of Fort Worth Mayor. City of North Richland Hills Rudy Durham Pete Kamp Marti VanRavenswaay Councilmember Mayor Pro Tem. City of Denton Commissioner. Tarrant County City of Lewisville Mike Leyman Paul Wageman Charles Emery Councilmember, City of Mansfieid Chair Board Chair, Denton County North Texas Tollway Authority Transportation Authority John Loza Board Member Cynthia White Mark Enoch Dallas-Fort Worth International Airport Commissioner, Denton County Board Member Dallas Area Rapid Translt Matthew Marchant Bill Whitfield Councilmember, City of Carrollton Mayor, City of McKinney Sal Espino Councilmember, Mahre Maso Kathryn Wilemon City of Fort Worth Mayor, City of Frisco Councilmember, City of Arlington Chris Florence Bill McLendon Michael Morris, P.E. County Judge, Rockwali County Councilmember, City of Hurst Director of Transportation, NCTCOG Surface Transportation Technical Committee Brian Barth, Chair TxDOT, Dallas For more information, contact Amanda Wilson at (817) 695-9284 or awilson@nctcog.org. RESOLUTION APPROVING A LEGISLATIVE POSITION ON RAlL NORTH TEXAS: A PRIMARY RAlL LEGISLATIVE PROGRAM WITH SUPPLEMENTAL ROADWAY IMPROVEMENTS (Updated R08-11) WHEREAS, the North Central Texas Council of Governments is designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be the regional forum for cooperative decisions; and, WHEREAS, the Regional Transportation Council has advocated for additional transportation funding and flexibility for over 10 years, with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past 5 years; and, WHEREAS, the Rail North Texas effort has been a bottom-up process to include local elected officials, business leaders, the public, and State legislators and has resulted in a specific legislative proposal. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. The Regional Transportation Council supports seeking legislative authority to create a Transportation Funding Area (TFA) for the purpose of levying taxes or fees in order to generate revenue to fund rail and supplemental roadway improvements. Section 2. The Regional Transportation Council continues to support the principles contained in the three transportation authorities' "Joint Recommendation for Regional Rail in North Central Texas." This rail initiative will be constructed by existing transportation providers. Section 3. The Regional Transportation Council does not support the creation of any new transportation authorities or transportation providers within the Dallas-Fort Worth region. Section 4. The Regional Transportation Council supports implementation of Rail North Texas in the Dallas-Fort Worth region consistent with: The "Policy Summary" in Attachment 1, The "Questions and Answers About Rail North Texas" in Attachment 2, What the Rail North Texas initiative is not as contained in Attachment 3, The "Project Selection, Funding, and Implementation Processn in Attachment 4, and The specific proposal outlined in Attachment 5. Section 5. The Regional Transportation Council wishes to implement a TFA for the sole purpose of implementing rail and supplemental roadway improvements. Section 6. This resolution will be transmitted to local governments, partner organizations, and other interested parties with a request to support transportation as the region's highest legislative priority for the 81" Texas Legislature and a request to endorse this resolution. In addition, each entity is requested to transmit its position of support on these primary legislative proposals to the legislative delegation and NCTCOG. Section 7. This resolution will be transmitted to the Texas legislative delegation. Section 8. The NCTCOG Transportation Director is authorized to communicate these positions on behalf of the Regional Transportation Council. Section 9. This resolution shall be in effect immediately upon its adoption. Regional ~rans~ortation council Councilmember, City of Dallas I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for the Dallas-Fort Worth Metropolitan Area on December 11, 2008. Ron Natinsky, Secretary Regional Transportation Council Councilmember, City of Dallas Primary rail with supplemental roadway Built by existing transportation authorities and transportation providers Limited Transportation Funding Area (TFA) - Largely passenger rail - Funding only, non-construction - No fourth authority - No bonding authority needed - Coordination of regional projects County elections determined by local elected officials and citizen vote Legislators: no sales tax, create menu Attachment 2 Questions and Answers About Rail North Texas If the initiative is called Rail North Texas, why is there not a greater focus on rail in the bill outline? The bill outline was developed to be used statewide and other regions may want to focus on roadway improvements. The RTC may wish to amend the bill outline to bracket a section specific to the Dallas-Fort Worth region which states that the primary focus will be to design, build, finance, operate, and maintain passenger rail. This has long been the focus of Rail North Texas and will continue to be the focus. Who is accountable under this .model? This is the strength of this approach. Three groups, working as partners, are all accountable. First, under this model, the Metropolitan Planning Organization policy body - the Regional Transportation Council in the Dallas-Fort Worth region - is responsible for making sure that projects stay on schedule. In DFW, the North Central Texas Council of Governments' Executive Board will hold the revenues, enter into interlocal agreements with implementing agencies, and disburse funds to local governments and transportation providers. As recommended by the three transportation authorities, the RTC will form a Transportation lmplementers Subcommittee consisting of the three transportation authorities, TxDOT, and NTTA. This subcommittee will meet regularly to discuss project implementation, coordination, and funding issues. Second, subarea roundtables through public involvement will select the projects. Third, transportation authorities will extend already proven services to construct the projects. What if I have a problem with the taxes and fees and don't have a representative on the RTC or Executive Board? Is there a way to address those bodies? No projects can be built, or taxes and/or fees imposed, that voters have not approved. Internet-based reports will keep citizens up to date. The Transportation Funding Area (TFA) will convene a meeting separate from the normal MPO policy board meeting to hear from citizens or local government on any concerns. The Regional Transportation Council has been planning and expediting projects for over 30 years. How will projects be selected by the TFA? The TFA (the Regional Transportation Council in the Dallas-Fort Worth region) will issue a call for projects to transportation authorities, cities, counties, TxDOT, and NTTA. Existing transportation authorities will be primarily responsible to submit rail projects. All entities will submit project applications back to the TFA. TFA staff will evaluate projects based on whether they met basic criteria. Subarea roundtables will be convened in each county and will be made up of elected officials and technical staff for the county, each city, and transportation providers within that county. TFA staff will also participate. The subarea roundtables will determine the priority ranking of projects within each county and make a recommendation to the TFA. Passenger rail will be given priority. Warranted rail lines have already been established by subarea roundtable members. Rail lines which cross multiple counties will need special priority attention if supported in neighboring counties. The TFA will vote on the subarea roundtable recommendations. This process is identical to recent projects selection efforts of the Regional Transportation Council. How will taxes and fees be selected by the TFA? When subarea roundtables are determining the projects they wish to fund, they will consider the .revenue needed plus contingency construction funding for each project. Based on the revenue needed, the subarea roundtables will select an appropriate mix of taxes and fees at agreed-upon rates for that county and make a recommendation to the TFA. The TFA may propose a TFA-wide tax or fee for discussion during the subarea roundtable process. Subarea roundtables will approve the taxes and fees. The TFA will vote on the subarea roundtable recommendation. How will the election be held? The TFA will prepare a ballot for each county within the TFA and submit it to the elections administration of each county to be placed on the ballot. Voters will be asked to approve both the proposed projects and proposed taxes and/or fees. In each county where the majority of voters approve the taxes and/or fees for the TFA, the taxes and/or fees will be imposed and projects constructed. Projects are fixed with the citizen elections and no changes can be made without voter approval. Can a county opt out of Rail North Texas? Yes, if the subarea roundtable determines not to select projects to participate in the Rail North Texas election within that county. If a regional revenue source was proposed by the TFA, the subarea roundtable may wish to consider using that revenue source as a local match for projects through the Regional Toll Revenue Funding Initiative or subsequent funding initiatives. What if a county votes no? Through the Rail North Texas initiative, local elected officials looked at city-by-city, county-by-county, or regional votes. The county geography was selected as the most appropriate, but it could result in one or more counties voting not to join the TFA. Where this impacts construction of a passenger rail line in more than one county, the TFA may have to postpone or delete the whole corridor due to lack of funding. Will money raised in one county be used to subsidize projects in another county? No. The TFA will keep all funds raised in each county in separate accounts. Monthly reports will be distributed to the NCTCOG Executive Board, the TFA, and the MPO policy board. An internet-based reporting system will be accessible to all cities, counties, and citizens of the region. Will the taxes and fees ever go away? Yes, for revenues raised for construction. There will be perpetual revenue needed to fund maintenance and operations of the passenger rail system, but this is a small part of the overall funding needed. Any taxes and/or fees for capital (building) expenses will expire when bonds are retired. If additional projects are identified by a subarea that will require additional revenue, a new vote called for by the TFA within that subarea to build other projects could extend taxes and fees if a majority of voters approve. Who will issue bonds? The entity carrying out construction will issue bonds for each project. That will be either a transportation authority, city, county, TxDOT, or NTTA. Authority to issue debt is included in the bill outline because other areas of the state may wish for the TFA to undertake this task, but Dallas-Fort Worth will be exempt from that authority. Who will build the projects? In the Dallas-Fort Worth region, the TFA will not build projects. Projects will be built by Dallas Area Rapid Transit, Denton County Transportation Authority, The T, Texas Department of Transportation, North Texas Tollway Authority, cities, or counties. If the TFA isn't building projects, why should we create a TFA? Many of the passenger rail projects that are needed in the Dallas-Fort Worth region cross county boundaries. There is a need to coordinate the planning, financing, and implementation across the entire region, so a regional entity is best equipped to do that. In addition, in the DFW region, there is an established process to hold and disburse funds within the RTCINCTCOG process so each county won't have to develop a new accounting and agreement system to implement multiple projects with different entities. How long will it take to see rail being constructed? That depends on several factors such as current freight rail use of the rail lines, environmental reviews, transportation authority staff availability, number of projected riders, and many other items. Generally, the rail lines in the plan could be open to riders starting in 201 1 through 2030. The timeline will be known to voters and included in the subarea elections. Aren't the taxes and fees regressive, meaning harder to be paid by lower income citizens? In some cases, yes, but each subarea will be able to select the best taxes or fees for its residents. The rail lines proposed will benefit lower income populations by providing a transportation option at a much more affordable rate than owning a vehicle. The region will push for the vehicle registration fee to be implemented based on the value of the vehicle. Transit carries such a small percent of overall commuters, why even bother? While that may be true if you look at the whole region, our current transit system does not serve the entire region. Looking at highway corridors where there is parallel transit service, about one lane of traffic in each direction is removed by transit service. This benefits the people using transit and the people using the roadway that see reduced congestion. Looking at the rail map, new rail lines are proposed next to extremely congested corridors such as I-35W in Fort Worth, US 75 in Collin County, US 287 in Tarrant and Johnson counties, and SH 121 in Tarrant County. Rail in the U.S. 75 corridor carries the equivalent of two freeway lanes in each direction. Will TxDOT just take away traditional funding if our region starts funding transportation from local sources? We will make sure that doesn't happen and there is precedent for protecting state and federal funds. When our region began building toll roads, we obtained assurances from the Texas Transportation Commission, the TxDOT policy body, for state and federal funds to never be reduced to Dallas-Fort Worth. Similarly, the Legislature has required continued federal and state funds even after private-sector concession payments on toll roads. The bill outline contains a similar provision for Rail North Texas that advocates will seek during the upcoming legislative session. Why not just try to get more federal and state funds? That is part of the comprehensive legislative package to improve transportation, and we are actively seeking an increase in those funds as well. However, local funds are far more flexible and have less bureaucratic red tape so projects can be built for less money and much more quickly. So, by raising local funds to stay in our region, we are saving taxpayer dollars in the long run. Local funds are not impacted by donorldonee losses and revenue diversions. How will voters know what they're getting for the money? Why are we not using the tri-party agreement from 2006? Over 100 local governments and chambers of commerce signed onto the tri-party agreement, which called for the three existing transit authorities to work together to implement regional rail and called for an additional sales tax of up to 1 percent to be imposed outside of the DART and DCTA service areas. The support for that effort was overwhelming, but the Rail North Texas process is fundamentally different. Local governments and organizations should have an opportunity to evaluate the Rail North Texas proposal and choose to support it or not based on the new taxes and fees proposed and the idea to create an infrastructure fund for DART cities. Even though sales tax will not be used, the same three transportation authorities will be asked to design and construct the additional rail lines. Will DART cities be double taxed? Any new taxes and/or fees will be imposed for an entire county, so if Dallas County or Collin County vote to approve new taxes or fees, DART cities will pay these new taxes and/or fees as well as the current 1 percent DART sales tax. This will be for new service as agreed to by the cities within DART. It could be to speed up the construction of rail lines by decades or it could be to improve bridges or streets. All new revenues in the DART service area will remain for that service area to construct additional transportation. This special account is the result of not being able to add sales tax to non-DART cities. Could the TFA reallocate money away from transit projects when there is a shortfall of highway dollars? No. By taking a set of specific projects with specific funding sources to the voters, the TFA will be making a commitment to fund those projects. An internet-based tracking system will be created so anyone can see how much money is dedicated to each project and how it is being spent. Will creating a TFA slow down the process of building the rail lines? No. The fact is that none of the rail lines on the map can be built until our region identifies funding. There are very few cities along the rail lines that can join a transportation authority because the sales tax cap has been met in nearly every city in the region. So, by using the TFA to raise revenue, the region can move to construction. Additionally, the TFA will pass along funds as the transportation authorities begin work. Why are roadway improvements part of something called Rail North Texas? The primary focus of Rail North Texas is funding a passenger rail system. Because a previous effort to allow higher sales taxes on a city-by-city basis failed, the Regional Transportation Council began looking at other taxes and fees, all of which need to be implemented on at least a county-by-county basis to be successful and not unduly influence buying or living decisions. This means that taxes or fees could be imposed over DART residents. Not wanting to double tax anyone for the same service, local elected officials determined that funds generated in the DART service area could be used to build supplemental roadway projects. In addition, because a fee may be used in 12 counties, revenues for areas that do not yet have warranted rail projects could go to roadway projects. Why not just let the revenues go straight to the transportation authorities? There must be supreme confidence that the money generated will be used for the purposes stated at the time of the vote. The RTC and its staff have already developed this type of accounting system for the State Highway 121 toll road payment. In addition, because rail projects will cross county, and sometimes transportation authority, boundaries, it makes sense for a regional entity to administer the funds. Finally, because roadway projects will most likely be involved, a regional planning agency will already have established processes for transferring funds to either TxDOT, cities, counties, or NTTA to implement projects. Attachment 3 The Rail North Texas Initiative is: Not creating a new level of government or a fourth transit authority. Not collecting money in one county and spending it in another county. Not creating a "one size fits all" transportation solution. Not creating an additional organization to plan, finance, or construct projects. Not deciding for citizens on what they wish to do. Not double taxing the DART service area since revenue collected within one area will go to regional rail, accelerating current rail projects or to build other transportation projects. Not having construction fees or taxes stay on forever. Fees and taxes would only last the duration of the bond repayment period. Citizens would have to elect to build other projects. Not putting our future on the roadway system only. Not waiting on TxDOT or others to fund our needs. Not delaying projects which would result in higher and higher costs. Not following the current State and federal approach of raising revenues with no assurances that specific projects would advance. Attachment 4 Iteration of projects based on revenue needs. I - 02 W+ ZZ LJ KT Ir -- c- pel Attachment 5 District-wide Local Voter Option DRAFT Outline - December 11. 2008 Version The bill shall authorize the eight Transportation Management Areas within Texas to form a Transportation Funding Area (TFA). The purpose of the TFA is to levy fees and taxes to generate revenue necessary to fund identified metropolitan area mobility needs. The metropolitan planning organization (MPO) policy making body may establish a TFA by a two thirds vote of its members following a public hearing. The boundary of the metropolitan planning area shall be the boundary of the TFA. If the metropolitan planning area boundary changes, the boundary of the TFA changes identically and simultaneously. If the metropolitan planning area boundary splits a county and the commissioners court of that county resolves that the entire county be included in the TFA, then the TFA boundary shall expand to include the entire county. The TFA shall be governed by a board of directors. The board of directors of the TFA shall be the MPO policy making body, unless the MPO policy making body elects not to serve as the TFA board of directors, in which case it may establish an alternative board of directors. At least two thirds of the membership of any alternative board of directors shall consist of local elected officials of cities and counties within the TFA. The bill shall authorize a TFA to: Levy fees and taxes subject to voter approval Issue debt Fund operations, maintenance, capital and debt service expenses for passenger rail, transit, roadways and freight rail Contract with transportation authorities or transportation providers to provide mobility services and implement projects The TFA shall use revenue generated from fees and taxes in a particular county to fund mobility needs in that county. The TFA may levy the following fees and taxes if approved by voters at an election on a date authorized by statute: A vehicle registration fee, not to exceed $1 50 per vehicle per year A motor fuels excise tax, not to exceed $0.10 per gallon A mileage fee, not to exceed $0.01 per vehicle mile driven A property tax, not to exceed $0.05 per $1 00 appraised value A driver's license fee, not to exceed $50 New resident impact (vehicle registration), not to exceed $250 For purposes of this bill, "subarea" will mean the geographical area of a county being represented by city and county elected officials and the public located within that county geographical area. The TFA shall use the established process and criteria of the MPO in identifying mobility needs and selecting projects to fund, using the following protocol: The MPO issues a call for projects Cities, counties, and transportation authorities within the TFA submit projects The MPO evaluates and ranks projects on a subarea basis. Subarea roundtables of elected officials and technical staff provide input on project rankings and the taxes and fees needed to meet the highest ranked project needs The MPO develops a ballot specific to each subarea within the MPO listing the highest ranked projects and recommended fees and taxes to generate revenue to fund the projects, correlating projects on the sample ballot to estimated revenues generated by fees and taxes levied on a subarea basis so that the fee and tax revenue generated in a particular county funds projects in that county On a date authorized by the legislature, the TFA shall submit all ballots for voter a~~roval. Implementation of this legislation within the Dallas-Fort Worth region will be as follows': The primary focus of the TFA created will be to finance the design, construction, operations, and maintenance of passenger rail. Roadway improvements will be considered on a supplemental basis and to create equity for municipalities that are members of a transportation authority. The TFA will convene as the Regional Transportation Council and will initiate special meetings at least once a quarter to hear public comments on projects, taxes, or fees. These meetings shall be properly advertised. A subcommittee of the MPO policy making body will be created for the transportation authorities and transportation providers to monitor implementation and funding issues and coordinate system development. The TFA will not issue debt. Any necessary debt will be issued by transportation authorities and transportation providers. This bill will be implemented in accordance with Regional Transportation Council Resolution Updated R08-11 and Attachments 1-5. / ' This process is modeled after the Regional Toll Revenue Funding Initiative. AGENDA REQUEST FORM DATE: January 13, 2009 ITEM #: ES-3 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Mira Mar vs. City of Coppell. B. Section 551.072, Texas Government Code – Deliberation regarding Real Property. 1. Sale and acquisition of real property west of Denton Tap and south of Bethel Road. 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 and North of Sandy lake and West of Denton Tap. Agenda Request Form - Revised 02/04 Document Name: %exsessn 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 13, 2009 7 ✔ PROCEDURAL Swearing in of Deputy City Manager. Mario Canizares has been hired to serve as the new Deputy City Manager. 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 Manager January 13, 2009 8 ✔ PROCLAMATION Consider approval of a proclamation naming the month of January SCHOOL BOARD APPRECIATION MONTH, and authorizing the Mayor to sign. Staff recommends approval. !SchoolBD PROCLAMATION WHEREAS, the mission of the public schools is to meet the diverse educational needs of all children and to empower them to become competent, productive contributors to a democratic society and an ever-changing world; and WHEREAS, local school board members are committed to children and believe that all children can be successful learners, and that the best education is tailored to the individual needs of the child; and WHEREAS, local school board members work closely with parents, educational professionals, and other community members to create the educational vision we want for our students; and WHEREAS, local school board members are responsible for ensuring the structure that provides a solid foundation for our school system; and WHEREAS, local school board members are strong advocates for public education and are responsible for communicating the needs of the school district to the public and the public’s expectations to the district. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby declare my appreciation to the members of the Coppell Independent School Board, the Carrollton-Farmers Branch Independent School Board, and the Lewisville Independent School Board, and proclaim the month of January 2009 as “SCHOOL BOARD APPRECIATION MONTH” and urge all citizens to join me in recognizing the dedication and hard work of local school board members, and in working with them to mold an education system that meets the needs of both today’s and tomorrow’s children. IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this _____ day of January 2009. ____________________________ Douglas N. Stover, Mayor ATTEST: ________________________ Libby Ball, City Secretary 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: Police January 13, 2009 9 PRESENTATION Presentation to the City Council of the "Target National Night Out 2008 Award" from the Coppell Police Department for being selected as the best program in Category #4 during National Night Out 2008. The 25th Annual National Night Out, which culminated on Tuesday, October 7, 2008, was the largest ever involving 37.0 million people in 15,449 communities from all 50 states, U.S. territories and military bases worldwide. The Coppell Police Department was selected the best program in category #4 (15,000 - 49,999 population). Coppell celebrated National Night Out with 46 block parties averaging from 65 to 100 people per party. Over 75% of the city participated in NNO 2008. This is the second year, 2006 being the first year, that Coppell has been selected the best program in its' category. A short demo will also be presented by the Coppell Police Honor Guard. The Honor Guard will also be posting the flags at the beginning of the regular session. Staff recommends approval. )NNO Presentation AGENDA REQUEST FORM DATE: January 13, 2009 ITEM #: 10 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 13, 2009 11/A ✔ PROCEDURAL Consider approval of minutes: December 9 and December 16, 2008 Minutes of the City Council meetings held on December 9 and December 16, 2008. Staff recommends approval. %minutes Cm120908 Page 1 of 13 MINUTES OF DECEMBER 9, 2008 The City Council of the City of Coppell met in Regular Called Session on Tuesday, December 9, 2008 at 5:35 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember (late arrival) Billy Faught, Councilmember Karen Hunt, 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. Northlake Settlement Agreement between Crow-Billingsley, et al and City of Coppell. 2. Legal Requirements for Traffic Enforcement. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale and acquisition of real property south of Bethel Road and west of Denton Tap. C. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. Economic Development Prospects West of Denton Tap. D. Section 551.074, Texas Government Code - Personnel Matters. City Manager Evaluation. Cm120908 Page 2 of 13 Councilmember Tunnell arrived before convening into Executive Session. Mayor Stover convened into Executive Session at 5:45 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:45 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Cemetery Update. B. Legislative Agenda. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Pastor Dale Patterson of Hackberry Creek Church led those present in the Invocation. 6. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 7. Citizens' Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: November 11, 2008. Cm120908 Page 3 of 13 B. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and KTR Coppell, LLC, and authorizing the Mayor to sign. C. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and KTR Coppell, LLC, and authorizing the Mayor to sign. D. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Cargill, Inc., and authorizing the Mayor to sign. E. 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 $8,871.00 for technology at Durham Middle School, and authorizing the City Manager to sign. F. 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 $9,754.00 for test preparation software, and authorizing the City Manager to sign. G. Consider approval of a six-month extension to the expiration date of January 7, 2009 for the Freeport Parkway ROW Dedication Final Plat, to provide the required right-of-way for the extension of Freeport Parkway, north of Sandy Lake Road to S.H. 121. H. Consider approval of an Ordinance for Case No. PD- 161R2-SF-12, Stratford Manor, a zoning change from PD-161-SF-12 (Planned Development District- 161-Single Family-12) to PD-161R2-SF-12 (Planned Development District-161 Revision 2-Single Family- 12) to allow a concrete block wall, six feet tall, along the rear of Lot 12, Block A, property known as 709 Stratford Lane, and authorizing the Mayor to sign. Cm120908 Page 4 of 13 I. Consider approval of an Ordinance for Case No. PD- 236-SF-12, Bethel Road Manor, a zoning change from C (Commercial) and SF-12 (Single Family-12) to PD-236-SF-12 (Planned Development-236-Single Family-12) to allow the construction of a single- family home with an eight-foot side yard on property located on the north side of Bethel Road, known as 234 W. Bethel Road and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B carrying Resolution No. 2008-1209.1, C carrying Resolution No. 2008-1209.2, D carrying Resolution No. 2008-1209.3, E, F, G, H carrying Ordinance No. 91500-A-512 and I carrying Ordinance No. 91500-A-513. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 9. Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to water rate fees; sewer rate fees; recreational fees; garbage collection fees; and adding the Rolling Oaks Memorial Center fees and authorizing the Mayor to sign. Presentation: Jennifer Miller, Director of Finance, made a presentation to the Council. Brad Reid, Director of Parks and Recreation, answered questions of the Council. Action: Councilmember Peters moved to approve Resolution No. 2008-1209.4 amending Resolution No. 010996.3 as heretofore amended, with regard to water rate fees; sewer rate fees; recreational fees; garbage collection fees; and adding the Rolling Cm120908 Page 5 of 13 Oaks Memorial Center fees, modify dangerous dog annual registration fee from $500 to $100 and authorizing the Mayor to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of the Magnolia Fisheries, Lot 1R, Block A, Replat & Minor Plat, to incorporate 0.65 acres of property into the existing tract for a total of 1.424 acres of property allowing the expansion of the existing facility located at 217 N. Coppell Road. Presentation: Gary Sieb, Director of Planning, made a presentation to 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 Tunnell moved to close the Public Hearing and approve the Magnolia Fisheries, Lot 1R, Block A, Replat & Minor Plat, to incorporate 0.65 acres of property into the existing tract for a total of 1.424 acres of property allowing the expansion of the existing facility located at 217 N. Coppell Road, subject to the following conditions: 1) Contact Larry Redick at 972-323-8917 to discuss electric service requirements. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. Cm120908 Page 6 of 13 11. PUBLIC HEARING: Consider approval of the Vaughan Addition, Lot 1R, Block 1, Replat, being a replat of Lot 1, Block 1 to allow the incorporation of 4,490 square feet of this property into Lots 3, 4 and 5, Block 1 of the Old Coppell Estates Addition, and replat the remaining 1.154 acres of property located at 412 Bethel Road. Presentation: Gary Sieb, Director of Planning, made a presentation to 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 Peters moved to close the Public Hearing and approve the Vaughan Addition, Lot 1R, Block 1, Replat, being a replat of Lot 1, Block 1 to allow the incorporation of 4,490 square feet of this property into Lots 3, 4 and 5, Block 1 of the Old Coppell Estates Addition, and replat the remaining 1.154 acres of property located at 412 Bethel Road, subject to the following conditions: 1) The Replat of Lots 3R, 4R, & 5R, Block 1, Old Coppell Estates Addition is approved. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. ZC-623, East Bethel Road, zoning change from R (Retail) to SF-12 (Single Family-12) to allow the construction of a single-family home on 0.6278 acres of property located on the north side of Bethel Road, approximately 315 feet east of Denton Tap Road. Cm120908 Page 7 of 13 Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Mary Bailey and Mike Coker, representing the applicant, addressed the Council. At this time, Mayor Stover convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Stover convened into Executive Session at 7:50 p.m. Mayor Stover adjourned the Executive Session at 7:53 p.m. and reopened the Regular Session. REGULAR SESSION (Open to the Public) Action: Councilmember Peters moved to close the Public Hearing. Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. Councilmember Hunt moved to approve Case No. ZC-623, East Bethel Road, zoning change from R (Retail) to SF-12 (Single Family-12) to allow the construction of a single-family home on 0.6278 acres of property located on the north side of Bethel Road, approximately 315 feet east of Denton Tap Road, subject to the following conditions: 1) Revised Flood Plain, grading and drainage plans which defines the buildable area within this lot. 2) Tree Survey/Tree Removal Permit. Cm120908 Page 8 of 13 3) Request for a waiver of the alley requirement. 4) Payment of Impact Fees. Mayor Pro Tem Franklin seconded the motion; the motion carried 6-1 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in favor of the motion and Councilmember Tunnell voting against the motion. 13. PUBLIC HEARING: Consider approval of Case No. S-1249-C, Sprouts, zoning change from C (Commercial) to S-1249-C (Special Use Permit-1249-Commercial), to allow a 28,887-square-foot grocery store to occupy a portion of an existing building, to modify the front elevations and add two trellis structures to the front of the building, located at 110 W. Sandy Lake Road, Suite 180. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Jerry Stutler, applicant, addressed questions of 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 Tunnell moved to close the Public Hearing and approve Case No. S-1249-C, Sprouts, zoning change from C (Commercial) to S-1249-C (Special Use Permit-1249-Commercial), to allow a 28,887-square-foot grocery store to occupy a portion of an existing building, to modify the front elevations and add two trellis structures to the front of the building, located at 110 W. Sandy Lake Road, Suite 180. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. Cm120908 Page 9 of 13 14. PUBLIC HEARING: Consider approval of a Resolution granting a variance of one hundred (100') feet to SFM Beverages, Inc. d/b/a Sprouts Farmers Market from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6- 16, Section 6-16-2 of the Code of Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 110 Sandy Lake Road, Suite 180; and authorizing the Mayor to sign. Presentation: Jim Witt, City Manager, made a presentation to 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 Peters moved to close the Public Hearing and approve with adding the in personam language for variance to go with owner of the TABC License Res. # 2008-1209.5 Councilmember Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 15. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property described as Freeport north Lot 5R.2 (11.42 acres), located at the NEC of Royal Lane and Creekview Drive, Coppell, Texas. Cm120908 Page 10 of 13 Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Mayor Pro Tem Franklin moved to close the Public Hearing and approve the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the property described as Freeport north Lot 5R.2 (11.42 acres), located at the NEC of Royal Lane and Creekview Drive, Coppell, Texas. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 16. Consider approval of an Ordinance designating Derse Exhibits, Inc., Reinvestment Zone No. 60, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2008-1215 designating Derse Exhibits, Inc., Reinvestment Zone No. 60, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. Cm120908 Page 11 of 13 17. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Derse Exhibits, Inc., and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Resolution No. 2008-1209.6 approving a Tax Abatement Agreement between the City of Coppell and Derse Exhibits, Inc., and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught and Hunt voting in favor of the motion. 18. Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located at 301 S. Northpoint in Coppell, Texas, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember Brancheau moved to approve Resolution No. 2008-1209.7 approving a letter of support for the creation of a Foreign Trade Zone to be located at 301 S. Northpoint in Coppell, Texas, and authorizing the Mayor to sign. Mayor Pro Tem Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught and Hunt voting in favor of the motion. 19. Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located at 240 Dividend Road, 400 Dividend Road and Cm120908 Page 12 of 13 1475 S. Belt Line Road in Coppell, Texas, and authorizing the Mayor to sign. Presentation: Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Action: Councilmember Brancheau moved to approve Resolution No. 2008-1209.8 approving a letter of support for the creation of a Foreign Trade Zone to be located at 301 S. Northpoint in Coppell, Texas, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Franklin and Councilmembers Brancheau, Peters, Hinojosa- Flores, Tunnell, Faught and Hunt voting in favor of the motion. 20. Mayor and Council Reports. A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding Jim Witt Reception/Clay Phillips Swearing in on December 16. C. Report by Mayor Stover regarding the Christmas parade on December 6. A. Mayor Stover and City Manager Jim Witt attended the Mayor’s Metroplex Meeting, where Dallas Morning News Columnist, Steve Blow, was the guest speaker. B. Mayor Stover reminded the community about the reception scheduled for December 16 in honor of Jim Witt on his retirement of 15 years as Coppell’s City Manager and a Special City Council Meeting to swear in new City Manager Clay Phillips. C. Mayor Stover reported on the City of Coppell’s first evening Christmas parade. He congratulated city staff for a great community event. At this time, Mayor Stover reconvened into Work Session. Cm120908 Page 13 of 13 REGULAR SESSION (Open to the Public) 21. Necessary action resulting from Work Session. There was no action necessary under this item. 22. Necessary action resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary MINUTES OF DECEMBER 16, 2008 The City Council of the City of Coppell met in Special Called Session on Tuesday, December 16, 2008, at 6:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Marvin Franklin, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Brianna Hinojosa-Flores, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Karen Hunt, 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 and determined that a quorum was present. SPECIAL SESSION (Open to the Public) 2. Presentations to retiring City Manager Jim Witt. Presentations were made to retiring City Manager Jim Witt by Representative Jim Jackson, Commissioner Ken Mayfield, Lisa Lyons representing Senators Harris and Shapiro, Cindy Warner of CISD, Mayor Stover, Jeff Turner of CISD, former Mayor Tom Morton, former Mayor Candy Sheehan, City Attorney Robert Hager along with remarks from Mayor and Council and Ryne Witt. 3. Swearing in of incoming City Manager Clay Phillips. Mayor Stover swore in Clay Phillips as the City Manager of the City of Coppell. cm121608 Page 1 of 2 Mayor and Council congratulated City Manager Clay Phillips, who expressed gratitude for the opportunity to serve the City. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary cm121608 Page 2 of 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 13, 2009 11/B ✔ ORDINANCE Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell, Texas by amending Section 8-3-1 (A) of the Code of Ordinances; making it unlawful to park, stand or stop a vehicle at all times on Bethel Road from the south curb line at the southeast corner of Freeport Parkway east to a distance of 360 feet; and authorizing the Mayor to sign and execute any necessary documents. Approval of this ordinance will prevent parking on the south side of Bethel Road from Freeport to the Hard Eight BBQ driveway. Staff recommends approval of an ordinance to prohibit parking on Bethel Road. #Bethel Road No Parking MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: January 13, 2009 RE: Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell, Texas by amending Section 8-3-1 (A) of the Code of Ordinances; making it unlawful to park, stand or stop a vehicle at all times on Bethel Road from the south curb line at the southeast corner of Freeport Parkway east to a distance of 360 feet; and authorizing the Mayor to sign and execute any necessary documents. The City of Coppell has received several complaints relative to parking in the vicinity of the Hard Eight Barbeque restaurant located at the southeast corner of Bethel Road and Freeport Parkway. Among the complaints is that patrons are parking along the newly paved portion of Bethel Road from Freeport to the driveway into the restaurant. See the attached exhibit for more detail on the location. This area falls within the transitional area from the 4-lane divided boulevard section to the existing 2-lane asphalt paving that continues through Old Town. Restaurant patrons are parking in a dedicated travel lane which is an inherently unsafe place to park a vehicle. Approval of this ordinance will include the south side of Bethel Road from the intersection of Freeport Parkway to the driveway into the Hard Eight Barbeque restaurant in the municipal code as an area of prohibited parking. The city will then erect No Parking signs, and be in a position to enforce this provision. Staff will be available to answer any questions at the Council meeting. 1 INCH = FT. 0 100 100 50 Proposed No Parking Bethel Road at Freeport Parkway Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\BETHEL NO PARKING Created on: 23 December 2008 by Scott Latta AREA OF PROPOSED NO PARKING AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8- 3-1(A) OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO PARK A VEHICLE ON THE SOUTH SIDE OF BETHEL ROAD AT ALL TIMES BEGINNING AT THE SOUTH CURB LINE OF THE SOUTHEAST CORNER OF FREEPORT PARKWAY EXTENDING EAST FOR 360 FEET; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the same is hereby, amended to provide for no parking zones at all times on Coppell Road, to read as follows: “Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A. NO PARKING ON SPECIFIC STREETS It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following streets: . . . . BETHEL ROAD at all times beginning at the south curb line of the southeast corner of Freeport Parkway extending east for 360 feet. . . . .” 2 SECTION 2. The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 3 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: DOUGLAS N. STOVER, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ 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: Engineering January 13, 2009 11/C ✔ ORDINANCE Consider approval of an Ordinance amending the Code of Ordinances Chapter 8, Article 1, Section 4 School Zone Speed to establish the maximum prima facie speed limit for a designated school zone on Parkway Boulevard from 438 feet west of the centerline of Cowboy Drive to 354 feet east of the centerline of Cowboy Drive; and authorizing the Mayor to sign and execute any necessary documents. Approval of the ordinance amendment will establish a 20 mph school zone on Parkway Blvd. near Coppell High School. This school zone is being proposed based on citizen requests and on morning and afternoon observations of pedestrian traffic in the area. Staff recommends approval of the ordinance. #School Zone for CHS MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: DiWanna Baskins, Graduate Engineer DATE: January 13, 2009 RE: Consider approval of an ordinance amending the Code of Ordinances for the City of Coppell Chapter 8, Article 1, Section 4, School Zone- Speed, to establish the maximum prima facie speed limit for a designated school zone on Parkway Boulevard from 438 feet west of the centerline of Cowboy Drive to 354 feet east of the centerline of Cowboy Drive; and authorizing the Mayor to sign and execute any necessary documents. The City of Coppell has received several requests for a school zone on Parkway Boulevard near the intersection of Cowboy Drive. On Tuesday, October 21, 2008, Engineering Department staff observed pedestrians leaving the school campus after the dismissal bell from 3:50 pm – 4:25 pm, approximately 40 minutes. The number of pedestrians observed during that time period was approximately 92 students. The conditions of the day were sunny and warm, with temperatures reaching the low eighties. Other days, during the morning and evening bell schedule, were casually observed because various events such as early dismissal, field trips, and extracurricular activities affected the number of pedestrians observed at a given time and day. To determine whether a school zone is warranted, the City of Coppell Engineering Department utilized the School Zone Traffic Control Guidelines as adopted by Ordinance #90-487. The Guidelines provide flowcharts on installing school zones near or on school property. The intersection of Parkway Boulevard and Cowboy Drive is the main entrance and exit to the school grounds. A detailed traffic study was not performed due to this fact and the number of pedestrians observed. At this time, an unprotected striped crosswalk is not being proposed at the intersection of Cowboy with Parkway. However, the lower speed should bring awareness to drivers in the area and allow students a safer entrance and exit from the school grounds. My recommendation is that a school zone be installed along Parkway Boulevard encompassing Cowboy Drive. Refer to the attached exhibit for a detailed layout. Staff will be available to answer any questions at the Council meeting. CoppellHighSchool CoppellHigh School N Denton Tap RdBlack Oak C irRidge w oo d D rKi n g s r i d g e D rCowboy DrW Parkway Blvd 218217 127210209 1002 0 6205 104108112116120124128310306307302 1 0 0 303307 315 311 307 303 1012 3 7 233 2 6 8 235229 2 3 1 222 239243272226276 225 247130 1102 1 4213 131111115123119103107202201 132197 2 4 0 353 313144188 270 260 252 290 2402442482522642602561221181141 2 6221 Created in ArcGISCreated on: 12/19/2008by Kevin RubalcabaW:\GIS\Projects\Transportation\Streets\Workspaces\Parkway@Cowboy - School Zone Ordinance with aerial Coppell High School³0 210105 1 inch = 200 feet School Zone Proposed School Zone@ School Zone begins 438 feetWest of Cowboy Dr/Parkway Blvdintersection and ends 354 feet East ofCowboy Dr/Parkway Blvd intersection 1 ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8, ARTICLE 8-1, SECTION 8-1-4 TO ESTABLISH THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR A NEWLY DESIGNATED SCHOOL ZONE ON PARKWAY BOULEVARD FROM 438 FEET WEST OF THE CENTER LINE OF COWBOY DRIVE TO 354 FEET EAST OF THE CENTER LINE OF COWBOY DRIVE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is hereby amended by amending Chapter 8, Article 8-1, Section 8-1-4, in part to add the following designated school zone for Parkway Boulevard, to read as follows: "Sec. 8-1-4 SCHOOL ZONE - SPEED . . . C. The following streets or portions of streets are designated school traffic zones when marked in accordance with subsection (B): All distances are measured from the nearest face of curb of the perpendicular street: Street Extent . . . Parkway Boulevard from 438 feet west of the center line of Cowboy Drive to 354 feet east of the center line of Cowboy Drive." 2 SECTION 2. That the Director of Traffic Control shall erect appropriate signage giving notice of the school zone established herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide; however the school zone established herein shall not take effect until the Director of Traffic Control has erected appropriate signage giving notice of such school zone. 3 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ______________, 2009. APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ 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: Police January 13, 2009 11/D ✔ CONTRACT/BID or PROPOSAL Consider approval to purchase equipment from Evans Dispatch Product in the amount of $62,162.82 to upgrade consoles in the Coppell Communications Center as approved; and authorizing the City Manager to sign. The City of Coppell Public Safety Answering Point has been served by consoles that were installed in the mid-1980's. Technology and equipment has changed drastically since that time and the installation of upgraded console equipment will allow the Communications Center to operate in a more efficient and ergonomic manner. Funds have been budgeted in the General Fund - Police Department for this purchase. The funding is provided by previously collected E-911 funds. 01-10-01-4130 Staff recommends approval. )Consoles MEMORANDUM TO: Roy Osborne, Chief of Police. FROM: Derrick Watson, Captain. DATE: 12-26-2008. REF: Console Upgrade. Attached to this memorandum is a quote for Evans Dispatch Product Console Upgrade in the amount of $62,162.82. Evans is a TXMAS Vendor Contract No: TXMAS-5-7110180. The Console Upgrade Project will be funded out of the E911 fund. This request is in accordance with the Coppell Police Department five year plan and was funded in the FY 2008-2009 budget. The City of Coppell Public Safety Answering Point has been served well by consoles that were installed in the mid-1980s but the fact of the matter is that technology has surpassed the capabilities of our equipment as currently configured. The initial console installation consisted of room for Motorola radios, the first enhanced 911 telephone system in North Texas, analog door controls and analog video monitoring of prisoners. Since that initial configuration we have added the following equipment all requiring additional computer(s) and monitors: * Digital door controls. * Early Warning Sirens. * Site Lens Police and Fire Assist Software. * Computer Aided Dispatch. * TLETS / NLETS digital satellite system. * Verizon PSAP Digital Telephone System. Identified problems in the dispatch center include difficult access to computers as currently configured. Inability to store computers inside of console cabinets resulting in computers and monitors for different functions being scattered throughout the center. Lack of ergonomic design (which is very important to a person working an eight or twelve hour shift). Outdated legacy ALI database that is no longer supported by Verizon. Obsolete / unused equipment still hard wired into the consoles taking up valuable operational space. Outdated legacy video / audio monitoring systems that don't provide acceptable recorded data. Communications Manager Deborah Gallet and Information Services Manager James Loggins were tasked with selecting appropriate console equipment and associated upgrades for Coppell's Public Safety Answering Point. Parameters for acceptable equipment selection included vendor participation on State of Texas Government Purchasing Contracts, real world application of vendor products as verified by Deborah and James, access to installed computers and radio equipment, careful consideration to user ergonomics, lighting, climate control, wiring channels, monitor placement, equipment placement within the current floor plan and price. James and Deborah visited multiple PSAPS, met with three different vendors and designers, considered and reconsidered configurations and reached a recommendation for the purchase and installation of Evans console equipment. In addition to the installation of upgraded console equipment we are requesting the transfer of our on-site ALI (automatic location identification database) to a Verizon maintained off-site server. We sincerely appreciate the opportunity to improve the working environment within the communications center. EVANS 'DISPATCH™ PRODUCT Evans Project ID # U08-0215-301 TM for City of Coppell Dispatch Operations Coppell, TX Refer to Drawing(s) U08-0215-301 01 thru 05 Rev F As of Tuesday, December 16, 2008 Sales Lead: Ward Hayworth/ John Reeves EVANS ITEM x UNIT US DOLLAR NO. PART NUMBER DESCRIPTION QTY PRICE VALUE OUTER MODULES 2 Dispatch Desktop Outer Modules 2 'DISPATCH DESK™' STANDARD FEATURES: - Sheet Metal Structure - Nominal 49" (1245mm) Fabric Wall Height - Full Lift or Center Lift Options Available - Durable Low Pressure External Panel Finish, per Evans’ Standard Offerings Dispatch Desktop Outer Modules 2 1 30" (762mm) wide Desktop Module w/Front and Rear Hinged Panels 2 1,012.46 T 2,024.92 INNER MODULES 1 Dispatch Desktop Inner Modules 1 2 36" (914mm) wide Desktop Module w/Front and Rear Hinged Panels 1 846.06 T 846.06 CORNER MODULES 2 Dispatch Desktop Corners 2 3 45° Desktop Short Corner Full Depth Module 2 930.67 T 1,861.34 SLATWALL / PANELING SYSTEM 60 Slatwall / Paneling System Sub-Structure 12 4 12" High Slatwall / Paneling System Sub- Structure - Includes Sheetmetal Rear Cover (per linear ft.) 12 58.32 T 699.84 Slatwall / Paneling System Front Cover Kits - 1st Tier 12 5 6" Tier Front Slatwall Extrusion Kit (per linear ft.) 12 16.54 T 198.48 Slatwall / Paneling System Front Cover Kits - 2nd Tier 12 6 6" Tier Front Slatwall Extrusion Kit (per linear ft.) 12 16.54 T 198.48 EQUIPMENT SUPPORT SOLUTIONS 2 Dispatch Equipment Support Shelves 2 7 Fixed processor shelves 2 108.35 T 216.70 WORKSURFACES 1 Dispatch Work surface Options 1 8 Monitor Platform Full Lift (One Rear Work surface with a front adjustable keyboard platform) 1 1,630.72 T 1,630.72 DP-WS-F-ADJUSTKBP DP-SHELF-FIXED DP-SPS-FC-1T-SWEXT- 6 DP-SPS-FC-2T-SWEXT- 6 DP-SPS-ST-12 DP-DT-FD-CM-45 DP-DT-IM-36 DP-DT-OM-30 Revision Number 7 23 1073643 IOP 9112 Single Tier LCD Monitor Arm 5 204.02 T 1,020.10 24 1073643 Custom IOP 9112 Single Tier LCD Monitor Arm w/ 1 227.00 227.00 24"H Support Pole LIFT COLUMNS 1 Lift OLift Options 1 9 Lift Columns (pair) 1 2,836.19 T 2,836.19 STANDARD FINISHES 10 Low Pressure Laminate (LPL) Finis h 1 Included Included ACCESSORIES 26 11 Radiant Heat Panel 1 300.98 T 300.98 12 Hammond Power Bar; 8 outlets with 12' grounded powercord UL approved 3 101.00 T 303.00 13 Injection Molded Soft Urethane work surface Front Edge (lin.ft) 19 47.47 T 901.93 14 Tasklight by JOLT - Model: "Huron" Model, Black, Compact Fluorescent Lamp, Double Articulated Arm with 30" (762mm) reach, 10' (2540mm) Cord; Hi/Low/Off switch; 12,00 hr lamp life, weighted base 1 176.75 T 176.75 Slatwall Accessories 1 15 Slatwall Letter Tray by Evans - Painted Metal Support, 12" x 9" x 2 1/4" (300mm x 220mm x 60mm) 1 114.77 T 114.77 x Number of Units 1 3 1 ADDITIONAL MODULES 16 48" (1219mm) wide Desktop Module w/Front and Rear Hinged Panels. 2 1,619.74 T 3,239.48 SLATWALL / PANELING SYSTEM 1 DP-DT-OM-48 SW-SLT DP-CUWSE DP-TL-HURON DP-RHP DP-PBAR-8 DP-LMO Dispatch-LPL SLATWALL / PANELING SYSTEM 1 17 12" High Slatwall / Paneling System Sub- Structure - Includes Sheetmetal Rear Cover (per linear ft.) 8 58.32 T 466.56 Slatwall / Paneling System Front Cover Kits - 1st Tier 8 18 6" Tier Front Slatwall Extrusion Kit (per linear ft.) 8 16.54 T 132.32 Slatwall / Paneling System Front Cover Kits - 2nd Tier 30 19 6" Tier Front Slatwall Extrusion Kit (per linear ft.) 8 16.54 T 132.32 END PANELS 8 Dispatch End Treatments 4 20 End Panel - Left Hand 2 261.34 T 522.68 21 End Panel - Right Hand 2 261.34 T 522.68 WORKSURFACES 2 Dispatch Work surface Options 2 22 48" Fixed Worksurface with Soft Urethane Nosing. 2 724.00 T 1,448.00 No Options Indicated x 1 SPS-FC-1T-SWEXT-6 SPS-FC-2T-SWEXT-6 DP-EPAN-LH DP-EPAN-RH DP-WS-FIXED SPS-ST-12 DISPATCH™ CONSOLE Pre - Sub Total:1 DISPATCH™ CONSOLE Sub Total:40,671.78 13,557.10 25 Custom W/S Top 48"W Diameter "Lazy Susan" W/S Top by CCE 1 372.00 372.00 DISPATCH™ PRODUCT Sub Total: Additional Modules - Sub Total: 6,836.04 47,507.82 Version 8.13 GSA Dispatch ™ Console Sub-Total SUB-TOTAL ITEMS (A) to (B) Inclusive ADD FOR PROJECT LOGISTICS (CC)(CC) EVANS PRODUCT PRICE QUOTATION SUMMARY SHEET Free on Board to named point of origin. Quotation includes delivery by 53’ tractor-trailer truck and is valid for 90 days. Delivery is complete when the goods arrive, not unloaded, at the named place of origin. The buyer must: bear all risks of loss of or damage to the goods from the time they have reached the named point of origin; obtain at his own risk and expense any import licence or other official authorization and carry out, where applicable all customs formalities for the import of the goods, and, where necessary, for their transit thro ugh any country; be responsible for all costs relating to the goods from the time they have passed the named point of origin. If suitable access and unloading facilities are not available, please Freight: Cartage & NON-UNION Site Off-Loading, Less Than Truck Load Additional Shipping Info: INCO Terms 2000 FOB - Free on Board, Origin, Freight Allowed EVANS requires the following items prior to providing a firm schedule: • PURCHASE ORDER • SIGNED DRAWINGS • ACCEPTED TERMS & CONDITIONS • APPROVED FINI SHES • LOGISTICS INFORMATION SHEET contact Evans to provide quot e for shuttle truck delivery. coordination of site activities. ** Assumes that sited preparedness has been me t in accordance with th e attached contract terms and conditions, specifically Sections 4 and 5. Note: Products on TXMAS Schedule are marked as 'T'. TXMAS Contract No: TXMAS-5-7110180; Effective until June 13, 2010 (A)47,507.82 SUB-TOTAL ITEMS (A) to (L) Inclusive 1 (AA)47.507.82 5,382.00 (BB) Project Design, Project Management Services, Inside Delivery and Debris Removal (BB) 4,890.00 Sub-Total (AA) - (DD)(EE) 62,162.82 Total FOB Origin, Freight Allowed, Coppell, TX in US Dollars, All Sales Taxes Excluded $62,162.82 Assumes LIVE Installation Activity. (DD)Installation, Assumes LIVE Installation Activity., NON-UNION Site (DD)4,383.00 *The Client will identify and provide 1 person(s) for 2 day(s) duration of installation and final EVANS Standard Payment Terms for Invoicing (Taxes Excluded Unless Otherwise Noted): • 0% Downpayment Due WITH Purchase Order • 100% Net 30 Upon Console Shipment Price: Subject to Evans Credit Approval Alternative B: • Flexible Financing Alternatives - ask your Sales representative for details Subject to Evans Credit Approval $62,162.82 1.0 Quotation Validity Period: 2.0 Scheduling: 3.0 Shipping and Title Transfer: EVANS CONSOLES STANDARD TERMS & CONDITIONS The following standard terms and conditions apply to, and are incorporated into, and as part of the attached quotation (Quotation) provided by Evans Consoles Corporation or Evans Consoles Incorporated (Evans) to the purchaser (the Client) of the materials and/or services. Unit prices for the materials in the Quotation are valid for a period of 90 days excluding the Quotation of Freight, which is valid for a period of 30 days. This is provided that the Client issues or confirms a purchase order in sufficient time to enable Evans to deliver materials within 12 months from the date of the Quotation. Evans reserves the right to revise pricing on orders unfulfilled within such twelve-month period. An agreement to purchase the materials covered by this Quotation shall be construed under and governed by the laws of the Province of Alberta, Canada and each party hereto irrevocably agrees to be subject to the jurisdictions of the courts of the Province of Alberta, Canada. Upon the receipt of an order for the materials listed in the Quotation, Evans will establish a formal project schedule to ensure a timely delivery of materials to the project site. NOTE: Evans has a General allowance of 10 days of transportation and one week for Installation within North America. Scale of project, scope of project and final destination will effect this variable, particularly for overseas projects. Evans will not begin the procurement of project specific materials, or console fabrication until the Client is fully satisfied with the designs illustrated on Evans' drawing submittals, and has indicated such in writing, authorizing Evans to proceed with fabrication of the materials. This milestone is referred to as "Sign Off and Authorization to Fabricate" as noted above. The shipping price is valid for 30 days, firm and fixed for the shipment of the materials described in the Quotation by the method described in the Quotation, assuming a single shipping activity unless noted otherwise. If the Client requests additional shipments, expedited shipments, or off-site storage of the materials, Evans will provide a revised quotation for the additional services. Should additional storage requirements be required post sale, Evans will submit a Change Order Title passes to the client when the goods are removed from Evans’ dock and the client, or their representative carrier, signs the bill of lading to transport the goods. Where Evans has been requested to ship the goods, Evans ships standard under CIP (Carriage, Insurance Paid to) named destination point. This term is valid for ground, air and ocean shipments. Title and risk passes to the buyer when delivered to the carrier by the seller who pays transportation and insurance costs to destination. If and when damages occur, these damages must be flagged and Evans is to be notified within 48 hours. In the case of an ocean shipment, the damaged goods must be set aside for a formal marine survey and it should be noted whether or not the container’s seal was intact upon arrival at the ultimate destination. The surveyor is able to determine where the damages occurred and hence assign liability to the appropriate party. It must be noted that the carrier has the right to take physical possession of product against which damages are being claimed. In that the carrier is being assessed a financial sum for the damaged product, they have the right to sell that damaged product for salvage. Where the client is controlling shipping, Evans standard is Ex Works: This level of service is where Evans places the goods on Evans’ loading dock, suitably packaged for export shipment. It is incumbent upon the client to confirm to Evans the method of transport to ensure that packaging is appropriate for that method of transport. Responsibility for any damages occurring during transport or off-loading lie strictly with the client. p q g q q p ,g covering the additional project costs for these efforts. All additional costs are the direct responsibility of the purchaser. The Quotation, (unless stated otherwise) includes material packaging provisions suitable for dedicated air-ride moving van shipment (for North American shipments only). Panels, countertops, and baseboards will be removed and packaged in corrugated containers or on shipping pallets. The console framework will be segmented into convenient lengths for handling. At the Client's request, Evans can supply rugged crating for general freight, ocean freight, airfreight or LTL shipment, at an additional charge. All projects requiring crating will be quoted and furnished with Frame Crates (plywood on bottom only) unless noted otherwise. If the Client requests alternate crating requirements, Evans will submit a Change Order covering the additional project costs for these efforts. All additional costs are the direct responsibility of the purchaser. Evans follows standard INCO 2000 shipping terms. 4.0 Site Preparation: 5.0 Installation: Evans defaults it's quotations for shipping and installation to utilize non-union labour. Should union labour be required for either shipping or installation post sale, Evans will submit a Change Order covering the additional project costs for these efforts. All additional costs are the direct responsibility of the purchaser. The installation and shipping quotations assume clean and clear access from the point of unloading to the installation site. Further, it is assumed the installation site will be clean, clear, and prepared for the installation of the materials upon their arrival. All flooring, walls, and electrical construction must be complete. All painting and carpeting should be complete prior to the arrival of the consoles. The installation quotation assumes that the Client will appoint a representative and that person will be available to direct Evans installation team with respect to security, site safety, and console placement. The Clients representative will be asked to perform a final review and written acceptance of materials upon completion of the installation. If applicable, display wall screens are susceptible to thermal expansion and contraction as room temperature and humidity conditions change. Evans requires that room temperatures be stabilized at between 68 and 76 degrees Fahrenheit (20 to 24 degrees Celsius) before proceeding with the Command View screen installation. Evans does not provide professional architectural, electrical engineering, mechanical engineering or structural engineering unless otherwise noted as a subcontract item in this proposal. Evans shall be held harmless for such work performed by others based on design recommendations provided during the course of the project. Unless specifically indicated no provision for permits have been included with this quotation. Evans installation and commissioning quotation assumes a single installation activity by non-union labor working in a clean and clear finished room environment. Under no circumstances can the installation of the display wall screens be undertaken in a room still under construction. The installation quotation (if any) is firm and fixed for the installation of the materials described in the Quotation by non-union affiliated furniture systems installers. The installation quotation includes the placement, installation, clean-up and a training session on the service and maintenance of the materials supplied. The installation activity does not include the loading of the Client's electronics into the system. The installation quote assumes the installation of materials will take place during normal office hours. Any existing materials subject to relocation by Evans, or any unscheduled attendance by an Evans representative for Safety Training or drug testing, may be subject to additional charges as noted below. 6.0 Invoicing: The value of the Quotation is specific to the items listed in the Quotation. Should the actual items supplied vary from those listed above, the appropriate savings or premium will be reflected in the final invoice. Unless otherwise stated, the above unit prices are valid only for the materials included with the primary console shipment. The terms of the ILC must extend 12 months past shipping date. All documents required to execute the ILC must be under the control of Evans and typically include Bill of Lading (produced by Evans only), Commercial Invoice (produced by Evans only), Certificate of Origin ((produced by Evans only),) Statement of Compliance to product specification (produced by Evans only). The standard International payment terms for the materials in the Quotation are noted below unless specifically identified differentially on the Price Quotation. Payment is to be provided in an Irrevocable Letter(s) of Credit (ILC) unless credit approval has been obtained from Evans. The terms of the ILC shall be as follows: The ILC shall be in English and require English language document to execute. ILC shall be drawn on the Royal bank of Canada or affiliated bank and in the same currency as the price quotation. Unless otherwise stated, the materials will be shipped complete to permit a continuous installation activity. The installation quotation assumes the site is prepared to receive the materials and allow Evans' installers to fully complete the installation as a single activity (rather than requiring multiple site visits), unless otherwise noted herein. Multiple installation activities, additional time required to cover safety training or drug testing, overtime or delays caused by site conditions, are beyond the control of Evans and will be charged as an extra. Where a Downpayment is not possible or desirable, the product price will be increased 5% and the terms become: 50% Downpayment Due WITH Purchase Order 40% Net 30 Upon Console Shipment The standard North American payment terms for the materials in the Quotation are noted below unless specifically identified differentially on the Price Quotation. Invoices will be issued as follows: 10% Net 30 Upon Installation 90% Net 30 upon shipment (100% if there is no Installation Involved) 10% Net 30 Upon Installation (if applicable) 7.0 Evans' Warranty: (1) (2) (3) (4) This warranty does not cover damage due to external causes, including accident, abuse beyond specified tolerances, misuse, problems with electrical power, improper application or installation by parties other than Evans or parties under the control or direction of Evans, alteration, storage, servicing not authorized by Evans, usage not in accordance with product instructions, negligent use, failure to properly upkeep or problems abused by the use of parts and components not supplied by Evans. All Mechanical and Electrical components including Lift (Magnetic) Columns and Assembly, Environment Controls (Johnson and others), Task Lights and Unity Arm (Evans) and Assembly for a period of one (1) years. During a particular warranty period Evans will replace or repair (at Evans' option) products covered by this limited warranty that are returned to Evans. All defective products must be returned to Evans and Client is responsible for all shipping and handling charges and for insuring the shipment. Evans will ship the repaired or replacement products to the Client freight prepaid. Under no circumstances is Evans liable for any charges, costs, or expenses related to the dismantling of any defective product of the installation of any repaired or replacement product. Written notice of any claim under this limited warranty shall be delivered to Evans not later than the expiration of the applicable warranty period (the "Warranty Notice Period"). In the event that a written notice of a claim under this limited warranty is not delivered to Evans prior to the expiration of the relevant Warranty Notice Period, Evans shall have no obligation to repair or replace the product and shall have no other liability whatsoever under this limited warranty. Unless otherwise stated in the Price Quotation, Evans warrants that all consoles, technical furniture and display wall structures manufactured by it will be free from defects in materials and workmanship from the date of transfer of ownership as follows: All adjustable, sliding or hinged mechanisms or parts for a period of one (1) year; and, LIFETIME WARRANTY on all fixed structural frame components; All static exterior panels and work surface components for a period of five (5) years; and, Evans Consoles are designed for use in indoor control room environments with temperature and humidity control. Evans recommends storing the vapor-sealed crates, containing console components, in indoor warehouse conditions where the temperature maintains a constant range of 15 to 25 degrees Celsius. Adequate temperature control and ventilation must be provided during storage and handling to protect the console components from extreme climate fluctuations. Once the crate is opened, and the vapor liner is removed, console components should be stored in an area with a humidity ranging from 45 to 55%. Evans is not responsible for and will not replace under warranty components damage caused by improper or negligent storage conditions 8.0 Service Contracts: This warranty and the rights and benefits hereunder are given by Evans to the original purchaser of products only and may not be transferred or assigned to any other person without the prior written consent of Evans. In no event is Evans liable for special, incidental or consequential damages by reason of any breach of warranty or defect in material or workmanship. Evans shall not be responsible for repair or replacement of items that have been subjected to neglect, accident or improper use or which have been altered by other than authorized Evans personnel. This limited warranty statement is the entire warranty provided by Evans. Evans makes no express warranties or conditions beyond those stated in this limited warranty statement and the terms of this limited warranty statement supersede any other covenants, agreements or understanding with respect to the subject matter referred to herein. Evans disclaims all other warranties and conditions arising by statute or otherwise, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. This limitation may not apply to you where prohibited by law. Evans accepts no liability beyond the remedies set forth in this limited warranty statement. In particular, Evans shall not be liable for special, incidental, consequential or other damages (including, without limitation, damages for lost profits or revenues or costs incurred as a result of loss of time, data, use of the product or from any other cause howsoever occurring in contract or tort (including negligence). In no event shall Evans' liability exceed the purchase price of the product purchased. The warranty term for any product or component that is replaced or repaired shall be the balance of the remaining warranty term applicable. This warranty does not cover any consumable items such as, but not limited to, light bulbs and filters or 3rd party software. All charges, costs, or expenses related to the dismantling or shipping of any defective product under warranty is the responsibility of the Evans. This limited warranty shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and each party hereto hereby attorns to the jurisdiction of the courts of the Province of Alberta, Canada to the exclusion of the courts of any other jurisdiction. for, and will not replace under warranty, components damage caused by improper or negligent storage conditions. In addition, this warranty does not cover any damage due to shipping and handling (except that which was in the control of Evans) or the effects of normal wear and tear. 9.0 Client Acceptance: 10.0 Taxes, Duties, Levies An operating and maintenance manual for the system and a punch-list that itemizes outstanding issues will be prepared during system acceptance testing. If the system is not ready for final Client acceptance following acceptance tests, the final acceptance of the system will be delayed until the resolution of all punch-list items identified during the acceptance testing. System Trouble Shooting Upon completion of the installation, the Client will be asked to supply two personnel to receive a product demonstration and comprehensive training on the operation and maintenance of the console/display wall product and electronic equipment. This session will occur prior to final acceptance with the following topics being covered: System Cleaning and Handling Instructions System Overview & Capabilities Maintenance of Tasklighting and Electrical Components System Functionality and Fine Adjustments Questions and Discussion Notwithstanding anything to the contrary contained in the Quotation, the Client and Evans acknowledge and agree that as of the date of the Quotation that no duties, levies, import charges or assessments are levied or assessed by the Government of the United States of America on the importation of the goods and services described in the Quotation into the United States of America and accordingly, the price does not include any duties, levies, import charges or assessments levied or Evans is required by Law to collect the appropriate State and Municipal Sales and Use Taxes at the time of invoice, for the materials supplied. The above Quotation does not include the value of the Taxes unless otherwise stated. Evans will require a Certificate of Tax Exemption prior to the time of invoicing if applicable to this procurement. Please contact the Evans’ Client Services Department @ 1-877-628-6470 or email ClientServices@evansonline.com for information. Evans is required by US Federal Law to provide a Federal Tax Identification number on all shipments delivered within the United States of America. Please provide this number on your purchase order. W:\BPQ\[U08-0215-301 TMr6 City of Coppell.xls]Dispatch rev. July 1, 2006 imposed by the Government of the United States of America upon the importation of the goods or services described in the Quotation. Any such duties, levies, import charges or assessments (if any) as are levied or imposed at any time hereafter by the Government of the United States of America upon the importation into the United States of America of such goods or services shall be paid by the Client or if paid by Evans, in the first instance, reimbursed by the Client to Evans upon invoice thereof. The price set forth in the Quotation for the materials includes all transportation, carriage and insurance from Evans' manufacturing facility in Calgary, Alberta, Canada to the designated place or places for delivery specified in the Quotation. 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: Police January 13, 2009 11/E ✔ CONTRACT/BID or PROPOSAL Consider approval to purchase fifteen (15) CORE Control Law Enforcement integration systems, with accessories, for the 2009 Police Fleet from John Wright and Associates in the amount of $97,287.90 as approved; and authorizing the City Manager to sign. The CORE Control Law Enforcement integration system is a package of equipment that is an enhancement to officer safety while operating the police vehicle. This equipment is made and integrated by 54Ward to allow an officer to utilize equipment by voice command, enabling him/her to drive without looking down/around to locate and manipulate emergency equipment inside the vehicle. Funds have been budgeted in the Coppell Crime Control and Prevention District (1/4% sales tax) for this purchase. Staff recommends approval. )CORE Striving for Excellence Date: 12/22/2008 To: Chief Roy Osborne From: Sgt. Jim Cook Subject: Council Agenda Request #1 54Ward Integrated Solutions This memorandum was written in support of a city council agenda request to authorize the police department to purchase fifteen (15) CORE Control Law Enforcement Complete Systems from 54Ward Integrated Solutions. These fifteen CORE Control systems would form the cornerstone of the equipment selected for installation into the 2009 police patrol fleet and provide an enhancement to officer safety that the department has never had before. The CORE Control is an integrated solutions platform that ties the police vehicle’s emergency lighting, siren, mobile video system, police radio, radar unit, weapon locks, NOPTIC FLIR camera, and CAD system into a unified operations platform that responds to voice commands from the officer. The CORE system would give the officer the ability to drive the vehicle and operate the on-board equipment while maintaining a heads-up/eyes-up position. This would be a great enhancement to officer safety and especially helpful when the officer is driving in stressful conditions such as during a pursuit, in heavy traffic, or inclement weather. The CORE Control system physically unifies the equipment mentioned above and can manipulate any other equipment that has serial inputs. It operates through software that is loaded into the vehicle’s laptop computer. This allows for triple redundant equipment control for the officer: voice commands, through the touch screen on the laptop, or the individual equipment’s own controls. Each CORE Control System was quoted at $2962.50 per unit with device hardware kits specific to our equipment quoted at a cumulative cost of $399.36. The individual police equipment would be installed in its own metal cabinet to facilitate installation into the vehicle and keep it secured in a ruggedized housing. The cabinets were quoted at $2300.00 each. Additional costs for this purchase include a one time licensing fee of $500.00 and shipping of $2500.00. This would be a total expenditure of $97,287.90. Quotation DATE November 25, 2008 Customer ID Coppell PD Bill To:Quotation valid until:December 25, 2008 Prepared by:Jason Spain Comments or special instructions: Qty Part # Description Unit Price Ext. -$ 15 CCTLE-3H2S 2,962.50$ 44,437.50$ -$ -$ 15 HK-MT-XTL5R 216.36$ 3,245.40$ 15 U-PF1000 624.00$ 9,360.00$ 15 HK-AC-SDSR 183.00$ 2,745.00$ -$ -$ 15 SP-FC87 -$ -$ -$ -$ 1 UNH-LF 500.00$ 500.00$ -$ 15 CPD 2,300.00$ 34,500.00$ -$ 1 -$ 2,500.00$ -$ -$ -$ -$ -$ -$ -$ Tax -$ Shipping Subtotal 97,287.90$ Total 97,287.90$ Included for first full year Software Licensing Fee UNH One Time License Fee Equipment Cabinet for CPD Tahoe/54ward mounting platform SHIPPING System Options COREsupport Full Coverage 8/7 COREcontrol Law Enforcement Complete System Device Hardware Kits Hardware Kit for Motorola XTL5000 (two piece) If you have any questions concerning this quotation, contact Jason Spain, (817) 459-2001, jason@johnwri Complete System Serial accessory/siren controller(requires control head) Hardware Kit for Stalker DSR radar 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: Police January 13, 2009 11/F ✔ CONTRACT/BID or PROPOSAL Consider approval to purchase removal and installation services for police equipment in the 2009 Police Patrol Fleet from Main Street Installers/John Wright Associates, Inc. in the amount of $76,220 as approved; and authorizing the City Manager to sign. The Police Department currently has twelve (12) Chevy Tahoes which have equipment that will need to be removed. Some of the removed equipment, along with new equipment, will be installed into the new 2009 Police Fleet. Funds have been budgeted in the Coppell Crime Control and Prevention District (1/4% sales tax) for this purchase. Staff recommends approval. )Installation Striving for Excellence Date: 12/22/2008 To: Chief Roy Osborne From: Sgt. Jim Cook Subject: Council Agenda Request #2 Wright Installation & Removal of Equipment This memorandum was written in support of a city council agenda request to authorize the police department to purchase the services of John Wright Associates. Specifically, John Wright Associates would install equipment, including 54Ward Integrated Solutions, into the 2009 police fleet and remove old equipment from the 2006 police fleet. As stated in Council Agenda Request #1, the 54Ward System would be the cornerstone of the 2009 police fleet. As it stands currently, John Wright Associates is the only company in North Texas authorized to sell and install 54Ward equipment. It was for this reason that they were selected for the installation/removal of fleet equipment for this vehicle rotation. John Wright Associates quoted the following prices for their services: $4,420 per vehicle to install all of our equipment to our specifications into fifteen vehicles $640 per vehicle to install canine (K-9) equipment into three vehicles $640 per vehicle to remove old equipment from the 2006 Tahoes $640 per vehicle to remove on canine (K-9) transport kennel from one vehicle This would be a total expenditure of $76,220. Quotation DATE November 25, 2008 Customer ID Coppell PD Bill To:Quotation valid until:December 25, 2008 Prepared by:Jason Spain Comments or special instructions: Qty Part # Description Unit Price Ext. 15 INSTALLATION STANDARD 4,420.00$ 66,300.00$ -$ 3 INSTALLATION K9 640.00$ 1,920.00$ 12 REMOVAL STANDARD 640.00$ 7,680.00$ -$ 1 REMOVAL K9 320.00$ 320.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Tax -$ Shipping Subtotal 76,220.00$ Total 76,220.00$ If you have any questions concerning this quotation, contact Jason Spain, (817) 459-2001, jason@johnwri INSTALLATION OF EQUIPMENT PER COPPELL REMOVE K9 TRANSPORT FROM CPD TAHOE CURRENTLY IN SERVICE POLICE DEPT. SPECIFICATIONS INSTALLATION OF K9 TRANSPORT SYSTEM REMOVE EXISTING EQUIPMENT FROM CPD TAHOES CURRENTLY IN SERVICE 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: Police January 13, 2009 11/G ✔ CONTRACT/BID or PROPOSAL Consider approval to purchase Whelen emergency lighting equipment for the 2009 Police fleet from Fleet Safety Equipment, Inc. in the amount of $73,749.36 as approved; and authorizing the City Manager to sign. The emergency lighting equipment requested consists of 14 lightbars and additional lighting equipment. This lighting equipment is made with LED's that draw low power from the vehicle. The lighting is essential for officer safety during daytime and nighttime law enforcement activities and is compatible with the 54Ward Core Control Law Enforcement integration system. Funds have been budgeted in the Coppell Crime Control and Prevention District (1/4% sales tax) for this purchase. Staff recommends approval. )Lightbars Striving for Excellence Date: 12/22/2008 To: Chief Roy Osborne From: Sgt. Jim Cook Subject: Council Agenda Request #3 Whelen Emergency Lighting Equipment This memorandum was written in support of a city council agenda request to authorize the police department to purchase Whelen emergency lighting equipment from Fleet Safety Equipment, Inc. As mentioned in Council Agenda Request #1, the cornerstone of the 2009 police fleet will be the 54Ward Integrated Solutions system. This system requires equipment, including emergency lighting and sirens, which has serial inputs. The serial inputs allow the individual piece of equipment to be operated or manipulated by a source other than its own controller, in this case, 54Ward. When we purchased lighting equipment for the 2006 fleet, our intent was to reuse the equipment in the 2009 fleet. The inclusion of the 54Ward system made that very difficult since the older equipment does not have serial inputs. This caused a need to upgrade our existing lightbars, sirens, and other emergency lighting equipment to have serial input/control capability. In conjunction with this, I obtained a list of equipment the police department would need to be compatible with 54Ward and three quotes from different vendors for that equipment. Fleet Safety Equipment, Inc. quoted the lowest price for the equipment we need: $1903.50 for a Whelen Freedom lightbar with adjustable mounting kit $297.54 for a Whelen serial control head $237.44 for a Whelen siren amplifier $381.60 for six Whelen Vertex super LED hideaway lights per vehicle $277.72 for a pair of Whelen LED mirror beam caps $49.80 for a Whelen headlight flasher (wigwags) $237.60 for a Whelen serial control relay box $11.76 for Whelen mounting brackets to move our Dominator light sticks to the 2009 fleet $457.92 for six Whelen LINZ6 LED surface mount light heads per vehicle $28.40 for a Park kill module to turn off the siren when the vehicle is shifted into Park $635.47 for an Outer Edge 8 LED mini-lightstick This represents a cost per vehicle for Whelen equipment of $4647.19 and would be a total expenditure of $73,749.36 for the entire fleet. Quote Date 11/25/2008 Quote # 9615 Name / Address Coppell Police Department Ship To Fleet Safety Equipment, Inc. P.O. No.Terms Net 30 Due Date 12/25/2008 Rep WJ Total Subtotal Sales Tax (0.0%) Your one stop source for emergency vehicle equipment and installation 5858 Waltrip - Houston, TX 77087 Phone: 713-228-8900 Fax: 713-228-8904 Toll Free: 1-866-829-8900 Please note that this quote is good for 30 days from the date listed on quote, unless otherwise specified. Fleet Safety will price match any competitor's price on all Whelen, Pro-Gard, Jotto Desk, Havis-Shields, and Setina products with physical proof of a competitor's quote within 30 days of today's date. Item DescriptionQty Rate Total FD2RRBB FREEDOM EXTD. SC 55" B/B/R/R14 1,030.32 14,424.48T FSDBR Freedom Serial ADD 2 LED Blue/Red42 231.12 9,707.04T FSDAA Freedom Serial ADD Amber/Amber28 231.12 6,471.36T FXTLS1D Pair of Dual LR11 Takedowns14 188.46 2,638.44T FXALF1D FREEDOM DUAL LR11 ALLEY LEV214 188.46 2,638.44T MKAJ71 ADJ LIGHTBAR MOUNT KIT #7114 34.02 476.28T MPC03 Serial Control Head15 297.54 4,463.10T BL627 Siren Amplifier15 237.44 3,561.60T VTX609R VERTEX SUPER-LED LIGHT RED15 63.60 954.00T VTX609B VERTEX SUPER-LED LIGHT BLUE15 63.60 954.00T VTX609C VERTEX SUPER-LED LIGHT WHITE30 63.60 1,908.00T VTX609A VERTEX SUPER-LED LIGHT AMBER30 63.60 1,908.00T MBPS07RB LLINEAR LED M/B TAHOE/SUB R/B15 277.72 4,165.80T SSF-POSI6 Headlight flasher: Plug n' play - 06 Impala15 49.80 747.00T BL8140 Serial Control Relay Box15 237.60 3,564.00T D833020 DOMINATOR 8, 3R/3B/2W1 338.20 338.20T DBKT4 Dominator Angle Mount Bracket14 11.76 164.64T LINZ6J LINZ6 LED HORIZ SYNC RED/BLU70 76.32 5,342.40T WPKM1 Park Kill Module15 28.40 426.00T 0E13UR8 Eight Linear LED Modules, Two Piece, For 2008-2009 Chevy Tahoe, Programmable for warning or 8 Lamp TA 14 635.47 8,896.58T $73,749.36 $73,749.36 $0.00 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: Police January 13, 2009 11/H ✔ CONTRACT/BID or PROPOSAL Consider approval to purchase twenty three (23) Stalker RADAR/LIDAR units for the Patrol and Traffic Divisions of the Police Department in the amount of $74,095; and authorizing the City Manager to sign. This request is to purchase sixteen (16) Stalker Dual DSR radar units for the Police Tahoes, six (6) Stalker Dual DSR radar units for the Police Motorcycles, and an additional Stalker II stationary handheld radar to be utilized by the Traffic Division. See attached memo for more information. Funds are available from the SafeLight Coppell program for this purchase. Purchases from this fund are restricted to expenditure on automated signal enforcement, public traffic or pedestrian safety programs, traffic enforcement and intersection improvements. Staff recommends approval. )Radars Striving for Excellence Date: 12/22/2008 To: Chief Roy Osborne From: Sgt. Jim Cook Subject: Council Agenda Request #4 Stalker Radars This memorandum was written in support of a city council agenda request to authorize the police department to purchase radar units for the Patrol and Traffic Divisions from Stalker Radar/Applied Concepts, Inc. Specifically, the request would authorize the purchase of sixteen (16) Stalker DSR radar units for the Patrol Division, six (6) Stalker DSR motorcycle radar units for the Traffic Division, and one (1) Stalker II handheld radar for the Traffic Division. We currently have Stalker’s handheld ATR product in the 2006 police fleet, which we have used for about eight years. The ATR was designed in 1991 to be a handheld unit, with the capability to be dash mounted with additional equipment. It can only monitor traffic in a moving mode for the on-coming lane of travel, and cannot monitor any traffic behind the police unit since it only has one antenna. The Stalker DSR is a fixed placement, direction-sensing radar with two radar antennas, one forward facing and one rear facing. It has the capability to monitor traffic in moving mode in both on-coming and same lane directions. For example, the DSR allows an officer travelling northbound to monitor southbound traffic as it approaches the police vehicle with the front antenna and monitor the same vehicle as it passes the police vehicle with the rear antenna. Additionally, the DSR allows an officer travelling northbound to monitor another vehicle ahead of him that is travelling northbound with the front antenna as well as vehicles behind him that are travelling northbound with the rear antenna. The Stalker DSR would be a great improvement over what we have now based on its abilities alone. However, the DSR also plays an important role in the 2009 fleet by virtue of the fact that it is compatible with the 54Ward system whereas the current radars are not. Given the high volume of traffic enforcement that is done by the Patrol Division, it is important that we add this tool to our enforcement capability, both for traffic safety for the citizens and officer safety with the 54Ward’s feature for voice control of a frequently used piece of equipment. The Traffic Division doesn’t have moving radar on its motorcycles, only handheld Stalker II units for stationary use. The Stalker II handheld unit is a replacement for an existing unit of the same type. Stalker DSR radars are a sole-source vendor item that were quoted at $3250.00 each for the vehicle mounted units and $3,450.00 for the motorcycle mounted units. The Stalker II radar was quoted at $1,395.00. This would be a total expenditure of $74,095.00 for equipment for both divisions. Money for this purchase is available from the Red Light Enforcement Fund established in conjunction with the SafeLight Coppell program. This purchase would fall within the parameters of Chapter 707.008(a)(2) of the Texas Transportation Code as a traffic enforcement tool. radar 2609 Technology Dr. Plano, TX 75074 Phone: 972-398-3780 Fax: 972-398-3781 applied concepts, inc. Quotation National Toll Free: 1-800- STALKER Page 1 of 2 11/20/08 Acct Rep: Quote #:Effective From:Valid Through:11/20/08 Customer Bill-To Address Customer Ship-To Address Line Qty Part Number Description Price Ext Price Date: Rev 2 ATTN: ATTN: Tim Carrio 214-585-2674 42112 02/18/09 Coppell Police Dept 130 Town Center Blvd. Po Box 9478 Coppell, TX 75019 Coppell Police Dept 130 Town Center Blvd. Po Box 9478 Coppell, TX 75019 972-304-3600 972-304-3600 Acct # 750191 1 6 200-0605-00 ASSY, DSR CAST COUNTING UNIT $3,450.00 $20,700.00 2 6 200-0456-50 SEALED DISPLAY, DUAL DSR, LUMEX $0.00 3 12 200-0326-10 DUAL DSR KA ANTENNA, 5-MIL THK GOLD SILVER EPOXY $0.00 4 6 200-0395-01 DSR SEALED REMOTE $0.00 5 6 200-0769-00 25 MPH KA BAND TUNING FORK KIT $0.00 6 6 200-0770-00 40 MPH KA BAND TUNING FORK KIT $0.00 7 6 200-0345-00 COUNTING/DISPLAY MOUNT, SHORT $0.00 8 6 200-0524-00 UNIVERSAL CYCLE MOUNT, FOR SEALED REMOTE $0.00 9 12 200-0525-00 UNIVERSAL CYCLE MOUNT, ANTENNA, K-A BAND $0.00 10 12 155-2055-12 12 FOOT ANTENNA CABLE $0.00 11 6 155-2150-00 SEALED DISPLAY SPEAKER CABLE $0.00 12 6 200-0623-00 VSS INSTALLATION KIT W/SERIAL PORT $0.00 13 6 200-0750-02 ASSY, VSS DIVIDER MODULE, /2 $0.00 14 6 006-0387-00 VSS ADAPTER MODULE INTALLATION INSTRUCTIONS $0.00 15 6 011-0051-00 VSS NOTICE $0.00 16 6 062-0034-00 MOTORCYCLE SETTINGS, SET SERIAL PORT FORMAT TO - $0.00 17 6 200-0397-00 STALKER DUAL DSR MANUAL KIT $0.00 18 6 035-0218-00 SHIPPING CONTAINER, DUAL $0.00 19 6 060-1000-36 36 MONTH WARRANTY $0.00 20 16 200-0605-00 ASSY, DSR CAST COUNTING UNIT $3,250.00 $52,000.00 21 16 200-0372-50 DUAL DSR DISPLAY UNIT, LUMEX $0.00 22 32 200-0326-10 DUAL DSR KA ANTENNA, 5-MIL THK GOLD SILVER EPOXY $0.00 23 16 200-0582-00 ERGONOMIC REMOTE, DSR, FAST LOCK $0.00 24 16 200-0769-00 25 MPH KA BAND TUNING FORK KIT $0.00 25 16 200-0770-00 40 MPH KA BAND TUNING FORK KIT $0.00 26 16 200-0243-00 COUNTING/DISPLAY DASH MOUNT, TALL $0.00 27 32 200-0244-00 ANT DASH/DECK MT., KA BAND $0.00 28 16 200-0648-00 DISPLAY HOOD KIT, METAL $0.00 29 16 155-2055-02 2 FOOT ANTENNA CABLE $0.00 30 16 155-2055-16 16 FOOT ANTENNA CABLE $0.00 31 16 155-2058-00 PWR CABLE, STANDARD, DUAL $0.00 32 16 200-0622-00 VSS INSTALLATION KIT $0.00 33 16 200-0397-00 STALKER DUAL DSR MANUAL KIT $0.00 34 16 035-0218-00 SHIPPING CONTAINER, DUAL $0.00 35 16 060-1000-36 36 MONTH WARRANTY $0.00 36 1 200-0673-00 ASSY, STALKER II STATIONARY RADAR $1,395.00 $1,395.00 37 1 155-2232-00 STALKER II/SPORT II/SOLO II - 12VDC CIGARETE PLUG CABLE $0.00 38 2 200-0661-01 BATTERY HANDLE ASSEMBLY, STALKER II, 2.4 AH, 7.4 V $0.00 39 1 200-0668-00 STALKER - LI-ON BATTERY HANDLE CHARGER $0.00 ** Continued on Next Page ** radar 2609 Technology Dr. Plano, TX 75074 Phone: 972-398-3780 Fax: 972-398-3781 applied concepts, inc. Quotation National Toll Free: 1-800- STALKER Page 2 of 2 11/20/08 Acct Rep: Quote #:Effective From:Valid Through:11/20/08 Customer Bill-To Address Customer Ship-To Address Line Qty Part Number Description Price Ext Price Date: Rev 2 ATTN: ATTN: Tim Carrio 214-585-2674 42112 02/18/09 Coppell Police Dept 130 Town Center Blvd. Po Box 9478 Coppell, TX 75019 Coppell Police Dept 130 Town Center Blvd. Po Box 9478 Coppell, TX 75019 972-304-3600 972-304-3600 Acct # 750191 40 1 200-0769-00 25 MPH KA BAND TUNING FORK KIT $0.00 41 1 200-0770-00 40 MPH KA BAND TUNING FORK KIT $0.00 42 1 035-0222-00 HARD CARRYING CASE, STALKER II, BASIC, ATR WITH BOX $0.00 43 1 200-0676-00 STALKER II SDR OPERATORS MANUAL KIT $0.00 44 1 060-1000-24 24 MONTH WARRANTY $0.00 45 1 011-0068-00 STALKER II SDR QUICK REFERENCE CARD $0.00 Trade-in: Sub-Total: Sales Tax Freight: Total: Product Discount ALL PRODUCTS ON HGAC CONTRACT # EF04-07 Pmnt Terms: Customer sale, Domestic Lead Time is 50 days ARO. 74,095.00 0.00%0.00 0 0.00 74,095.00 0.00%0.00 0.00 74,095.00 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: Police January 13, 2009 11/I ✔ CONTRACT/BID or PROPOSAL Consider approval to purchase fourteen (14) Panasonic Toughbooks to be utilized as vehicle Mobile Display Computers from Portable Computer Systems in the amount of $62,874 as approved; and authorizing the City Manager to sign. The purchase of these Panasonic Toughbooks is in accordance with the five year plan and represents routine replacement of units that are approaching four years of service life. Funds have been budgeted in the General Fund - Information Systems department for this purchase. This purchase is being funded by previously collected E-911 funds. 01-11-01-2987 Staff recommends approval. )Toughbooks MEMORANDUM TO: Roy Osborne, Chief of Police. FROM: Derrick Watson, Captain. DATE: 12-26-2008. REF: Panasonic Toughbook Quote. Attached to this memorandum is a quote for fourteen (14) Panasonic Toughbooks with associated 3 year maintenance warranty to be utilized as vehicle Mobile Display Computers. Coppell Police Department has been successfully utilizing Panasonic laptop computers on an around the clock basis for the past three years in a wide variety of environments. Reliability for the Panasonic Toughbook has been outstanding and returns for maintenance have been few. The computer specifications were developed in consultation with James Loggins, Information Services Manager. The proposed purchase is in accordance with the five year plan, this year's budget and represents routine replacement of units that are approaching four years of service life. Funding in the amount of $62,874 ($59,374 base price + $3,500 maintenance agreement = $62,874) comes from the E911 fund. Portable Computer Systems, Inc. is a State of Texas DIR vendor TX DIR Contract #: DIR-SDD- 518. Thank you for your consideration. COP002 007054Quote Quote Valid Date F.O.B.Terms Quantity Extended PriceItem Number Description / Comments Customer Unit Price 01/15/09 Customer: City of CoppellAccounts Payable DeptPO Box 9478Coppell, TX 75019 Quotation Prices are valid until the date shown above. Requested By Amy Hale Inside Sales Rep Diana Bonnett Salesperson Saul Delgado Origination Remit payments to: Portable Computer Systems, Inc. Print Date 12/16/08 amyh@portablecomputersystems.com Phone: 888/219-8699 Fax: 940/683-4314 Net 30 Days Phone: 713/995-9665 1200 W Mississippi Ave Denver, CO 80223 Corporate Headquarters 1200 W Mississippi Ave Denver, CO 80223 14.000CF-30FASAXAM 3829.00 53606.00Core Duo 1.66Ghz, 13.3" Touch,1GB,80GB,Emissive Backlit,Wireless ready,BT - this part replaces the CF-30FASAZAM model 14.000CF-WRBA602G 167.00 2338.002GB Memory for 19/30 (customer installs) 14.000CF-VDR302U 245.00 3430.00COMBO DRIVE MM POCKET CF-30 replaces the CF-VDR301U 0.000---------------0.00 0.00Optional Pricing 0.000CF-SVCLTNF3Y 250.00 0.00PANASONIC TOUGHBOOK PROTECTION PLUS (3 YEARS) 0.000CF-SVCLTNF5Y 840.00 0.00PANASONIC TOUGHBOOK PROTECTION PLUS (5 YEARS) 0.000CF-SVCLTEXT2Y 420.00 0.00PANASONIC TOUGHBOOK TWO YEAR WARRANTY EXTENSION (YRS 4&5) 0.000---------------0.00 0.00TX DIR Contract #: DIR-SDD-518 0.000CF-VDM302U 327.00 0.00DVD-Multi drive for CF-30 Finished Subtotal 1 Page Subtotal does not include taxes, shipping or other incidental charges unless otherwise indicated 59374.00 Notes Terms Payment Terms shall be as stated on this quote. A service charge of 1-½% per month will be charged on all past due balances. Returned merchandise will not be accepted without authorization and will be subject to a 20% restocking fee. Returns must be made within Warranties: PCS sells the products as set forth in this invoice without any express or implied warranties. In the event of any product defect of nonconformity, the Buyer's remedies shall be the warranties provided by the Manufacturer. Buyer shall not be entitled to any incidental, 30 days of invoice date. Custom-made equipment may not be returned for any credit. All costs of collections, including reasonable attorney's fees shall be paid by the customer. consequential or special damages of any kind. 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: Police January 13, 2009 11/J ✔ CONTRACT/BID or PROPOSAL Consider approval to purchase twenty-two Flash Back II digital video recording units from L3 Communications Mobile Vision, Inc. in the amount of $177,602.45 as approved; and authorizing the City Manager to sign. The Flash Back II digital video recording units will include software and hardware that can wirelessly download video recorded from the police vehicle to a server. The video can then be burned to a DVD for evidentiary purposes when necessary. The video data stored on the served can be accessed for viewing from any computer in the department by an officer or supervisor. The current system requires a supervisor to come to the station to remove a DVD from a Police Vehicle and replace it with another when the DVD is full or is needed for evidence. The Flash Back II would replace the current video recording system that has had performance issues. Funds have been budgeted in the Coppell Crime Control and Prevention District (1/4% sales tax) for this purchase. Staff recommends approval. )Videos Striving for Excellence Date: 12/22/2008 To: Chief Roy Osborne From: Sgt. Jim Cook Subject: Council Agenda Request #5 Mobile Vision Digital Video Systems This memorandum was written in support of a city council agenda request to authorize the police department to purchase twenty-two (22) Mobile Vision Flash Back II mobile video units from L3 Communications/Mobile Vision. The department’s current video system has failed to perform satisfactorily on a consistent basis, which is a contributing factor for the need to change our video recording utility. With the expansion of our fleet, we have moved into an arena where it is more productive for the department to have a server-based system. Additionally, the Mobile Vision product is compatible with the 54Ward integrated solutions system. The Flash Back II is Mobile Vision’s latest generation digital mobile video recording platform designed for download into a server-based storage system. With this platform, video recorded by each mobile system is downloaded automatically through wireless antennas, directly into the server. From there, the video can be viewed on any computer in the police department. It can also be burned onto a DVD for evidentiary purposes. The primary server is backed up by a secondary, mirrored server to ensure no data is lost. The in-car cameras have standard functionality you would expect from a video system, but also offer Mobile Vision’s Nite Watch feature, which allows the camera to see and record video in near total darkness, even while moving. We used to have Mobile Vision’s VHS systems with Nite Watch in our 2003 fleet, and it was a great asset for the police department. Since the time of the VHS systems, Mobile Vision has added valuable features such as a backseat camera, a 2.4 Gigahertz belt microphone transmitter, and a crash sensor. The addition of the backseat camera allows simultaneous recording of both the primary and backseat video sources. The 2.4GHz transmitter allows the in-car system to record two audio sources at the same time, such as when a field training officer is training a recruit officer. One of the greatest additions Mobile Vision has added is the crash sensor. Since the in-car unit is recording digitally, it is “always on” in that it is always recording video (not voice) to its memory card. When an officer starts a recording, the system will add 60 seconds of pre-event video of whatever happened prior to the start of the recording. With the crash sensor, it can detect when a crash has occurred and automatically trigger the record function, which will in turn automatically add the 60 seconds preceding the crash to the recording. If the vehicle is unable to maintain power to the unit after a crash, the sensor unit has its own battery and will continue recording. Mobile Vision has a contract with the City of Allen, TX for the purchase of the Flash Back II units. This contract includes the option for other cities to join the contract through an inter-local agreement. The price quoted under this agreement for each unit was $4795.00. The rear seat camera, crash sensors, and extension cables would add $474.95 to the cost per unit for standard in-car equipment. The quote included fifteen (15) additional transmitters at $195.00 apiece and fifteen (15) charging stations at $39.95 each. These extra transmitters, along with those included with the purchase of the video systems, would provide enough transmitters for each officer in the Patrol Division to have one as issued equipment. The sixty-five (65) USB keys would be enough key identifiers to provide one for each officer in the department, along with enough spares to cover new officers or lost/damaged keys. Each USB key was quoted at $15.00. The six upgraded 2nd microphones listed are the 2.4GHz FTO transmitters priced at $490.00 each. The primary server was quoted at $21,845.00, the backup server at $19,345.00, and the Striving for Excellence evidence/archiving station to make DVDs was quoted at $2984.00. The wireless access point antennas were quoted at $795.00 each with three of the antennas selected for the police department parking lot and one for the parking lot at the Fleet Services Center. The vehicle viewer module allows the officer to access most of the primary controls, log-in, and evidence tagging utilities through the vehicle’s laptop computer. Each of these was quoted at $275.00. Finally, Mobile Vision provides on-site configuration of the server and training for those involved at a quoted price of $3,350. This represents a cost of $121,989.90 for the in-car systems with accessories ($5,544.95 each), $47,158.00 for the servers, archiving equipment, and wireless download antennas, $7,439.25 for extra equipment, $1,250.00 shipping from New Jersey, and $3,350.00 for on-site training and installation. This would represent a total expenditure for this complete package of $177,602.45. QuoteQuoteQuoteQuote 90 90 90 90 Fanny RoadFanny RoadFanny RoadFanny Road BoontonBoontonBoontonBoonton, , , , NJ NJ NJ NJ 07005070050700507005 PhonePhonePhonePhone: (: (: (: (800800800800) ) ) ) 336336336336----8475847584758475 Fax Fax Fax Fax: (: (: (: (973973973973) ) ) ) 257257257257----3024302430243024 Sold ToSold ToSold ToSold To::::Ship ToShip ToShip ToShip To:::: Coppell Police Department Attn: Cpl. Tilley 130 Town Center Blvd. Coppell, TX 75019 Coppell Police Department PO Box 9478 Coppell, TX 75019 SALESPERSONSALESPERSONSALESPERSONSALESPERSON:::: CUSTOMER NUMBERCUSTOMER NUMBERCUSTOMER NUMBERCUSTOMER NUMBER:::: 0065896 11/6/2008 XX TXCOPPE QUOTATION NUMBERQUOTATION NUMBERQUOTATION NUMBERQUOTATION NUMBER:::: QUOTATION DATEQUOTATION DATEQUOTATION DATEQUOTATION DATE:::: Confirm ToConfirm ToConfirm ToConfirm To:::: Jim Cook Customer PCustomer PCustomer PCustomer P....OOOO.... Ship VIAShip VIAShip VIAShip VIA UPS GROUND FFFF....OOOO....BBBB....TermsTermsTermsTerms Net 30 Days Item NumberItem NumberItem NumberItem Number UnitUnitUnitUnit Unit PriceUnit PriceUnit PriceUnit Price AmountAmountAmountAmountOrderedOrderedOrderedOrdered PagePagePagePage:::: 1Bill-To Phone: (972) 304-3600 BOONTON, NJ MVD-FB2DVS EACH 105,490.004,795.0022.00 Flashback 2 Digital Video System FLASHBACK 2 SYSTEMS MVD-DM2-24/55BK EACH 0.000.0022.00 Stud mount antenna 15' cables (RF-195 & RG-174) with SMA/SMA bolt cofiguration Need antenna color MVD-IR-CAM EACH 5,015.00295.0017.00 Option, Flashback IR Camera w/cables MVD-CRASH-BAT EACH 2,550.00150.0017.00 Collision Sensor (Triggers DVR for recording when involved in crash) MV-VLP-TRA EACH 2,925.00195.0015.00 Mic package, VLP w/accessories MV-VLP-CG EACH 599.2539.9515.00 Station,Charging,VLP w/pwr adaptor MVD-VLP-2.4 EACH 2,940.00490.006.00 Upgrade, VLP, 2nd Mic W-MVD-VLP-CA10 EACH 479.2029.9516.00 Cable, VLP, D/S, MVD, 10' w/transformer MVD-DEP2715 EACH 21,845.0021,845.001.00 DVM Server, Storage & Distribution System Continued QuoteQuoteQuoteQuote 90 90 90 90 Fanny RoadFanny RoadFanny RoadFanny Road BoontonBoontonBoontonBoonton, , , , NJ NJ NJ NJ 07005070050700507005 PhonePhonePhonePhone: (: (: (: (800800800800) ) ) ) 336336336336----8475847584758475 Fax Fax Fax Fax: (: (: (: (973973973973) ) ) ) 257257257257----3024302430243024 Sold ToSold ToSold ToSold To::::Ship ToShip ToShip ToShip To:::: Coppell Police Department Attn: Cpl. Tilley 130 Town Center Blvd. Coppell, TX 75019 Coppell Police Department PO Box 9478 Coppell, TX 75019 SALESPERSONSALESPERSONSALESPERSONSALESPERSON:::: CUSTOMER NUMBERCUSTOMER NUMBERCUSTOMER NUMBERCUSTOMER NUMBER:::: 0065896 11/6/2008 XX TXCOPPE QUOTATION NUMBERQUOTATION NUMBERQUOTATION NUMBERQUOTATION NUMBER:::: QUOTATION DATEQUOTATION DATEQUOTATION DATEQUOTATION DATE:::: Confirm ToConfirm ToConfirm ToConfirm To:::: Jim Cook Customer PCustomer PCustomer PCustomer P....OOOO.... Ship VIAShip VIAShip VIAShip VIA UPS GROUND FFFF....OOOO....BBBB....TermsTermsTermsTerms Net 30 Days Item NumberItem NumberItem NumberItem Number UnitUnitUnitUnit Unit PriceUnit PriceUnit PriceUnit Price AmountAmountAmountAmountOrderedOrderedOrderedOrdered PagePagePagePage:::: 2Bill-To Phone: (972) 304-3600 BOONTON, NJ MVD-DEP2715 EACH 19,345.0019,345.001.00 DVM Server, Storage & Distribution System Mirrored Server MVD-DVD/BU EACH 2,984.002,984.001.00 DVM Backup/Archiving Station MVD-8675-A-ASSY EACH 3,180.00795.004.00 Wireless Access Point w/External Mounted Antenna MVD-DEP-BT2 EACH 3,350.003,350.001.00 Solution Configuration / Training: MVD-FB-USB-128 EACH 975.0015.0065.00 Key, USB, 128MB MVD-FB2-V-V EACH 4,675.00275.0017.00 Option-Vehicle Viewer Standard for FB2 Customer to arrange for own installation. Need car types and DVR locations when placing order. Subtotal:176,352.45 Shipping and Handling: 1,250.00 Sales Tax: 0.00 177177177177,,,,602602602602....45454545Order TotalOrder TotalOrder TotalOrder Total:::: **** QUOTATION IS VALID FOR 60 DAYS **** 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: Parks and Recreation January 13, 2008 11/K ✔ CONTRACT/BID or PROPOSAL Consider approval of a Professional Services Agreement with TBG Partners in the amount of $77,120.00 for planning services related to a complete Trail System Master Plan, and authorizing the CRDC President and City Manager to sign. The first Coppell Trail System Master Plan was completed in the mid-1990's, and is now in need of a complete revision. This Agreement is to allow for the planning and design of a new trail system plan that will review existing trails, set parameters for developing new trails and determine realistic goals for implementation. Development of this plan is a goal from the 2030 Planning process. The Agreement has been approved by the Coppell Recreation Development Corporation at their January 5, 2009 meeting. Funds are available in the CRDC accounts for this project. Staff recommends approval. ^Trail System Master Plan-1AR 5307 E. Mockingbird, Suite 300, Dallas, Texas 75206 TEL 214.744.0757 FAX 214.744.6785 WEB www.tbg-inc.com December 17, 2008 Mr. John Elias Park Planner City of Coppell Parks and Recreation Department 816 S. Coppell Road P.O. Box 9478 Coppell, TX 75019 Re: City of Coppell – Trails System Master Plan Coppell, Texas TBG Project No. D08709 Dear Mr. Elias: The Broussard Group, Inc. dba TBG Partners (TBG) is pleased to submit this proposal for professional services in connection with the project referenced above. The extent of this project may be generally described as the planning and design of a City Wide Trail System Master Plan. This proposal is for recreational planning services. The purpose of this proposal will be to create a City Wide Trail System Master Plan that is holistic, incorporating Coppell’s existing trail system, accommodating future trail system components and providing connection to neighboring cities. This will include consideration of the following: A. Off and on street intercity trail connections. B. Inter – connected city to city connections C. Overall implementation and phasing and cost estimate plan D. Trail standards E. Funding source identification F. Order of magnitude cost estimates (excludes any land acquisition requirements) G. Documentation of all findings, summaries and conclusions into one overall master plan report TBG’s services will consist of the following five (5) phases, described as follows: PHASE ONE: ON AND OFF SITE DATA ANALYSIS AND INVENTORY TBG’s scope will include analysis, inventory, meetings and documentation as described below. As a part of this phase, TBG will: A. Analyze the existing trail systems and extended trail systems B. Acquire G.I.S. documents for mapping purposes Mr. .John Elias December 17, 2008 C. Analyze the existing trail systems and future potential trail linkages D. Meet with neighboring cities to understand their current and future trail plans and opportunities for inter-connection with Coppell and surrounding cities E. Map and document all findings F. Meet with city staff and officials to present all findings (2) G. Meet with neighboring cities (6) PHASE TWO: TRAILS MASTER PLAN TBG’s scope will include the creation of an overall Trails Master Plan. This master plan will convey the future alignments of the on and off street trail system. It will also provide phasing plan and estimates of probable construction costs that the City of Coppell will be able to utilize for future trail projects. A. Creation of Trail System Graphic 1. TBG will utilize all data gathered within section one to create this plan 2. TBG will prepare an illustrative trails master plan, to convey the overall extent of the system B. TBG will make changes and revisions based on city comments and direction. C. Phasing and Cost Projections for Master Plan 1. TBG will create an overall phasing plan for a one (1) year period 2. TBG will create an order of magnitude based on the phasing plan, excluding any required land acquisition costs a. TBG will investigate each proposed trail location to verify existing conditions and potential cost associated with proposed trail alignments. D. TBG will meet with City staff and officials to present all findings. Limited to three (3) meetings. PHASE THREE: TRAIL STANDARDS Based on the written approval of the overall trails master plan, phasing pan and estimate of probable construction cost, TBG will work in coordination with the City of Coppell to provide trail standards that will be used in future development of the trail. These standards are intended to provide a standard for the phased implementation of the trail system. A. TBG will submit to the City of Coppell a refinement of the existing Trail Amenities (approved under separate contract) for inclusion into the overall Master Plan booklet B. TBG will update and add AASHTO requirements that effect health and safety C. TBG will meet with City staff and officials to present all findings Mr. .John Elias December 17, 2008 PHASE FOUR: MASTER PLAN IMPLEMENTATION TBG will work with the City of Coppell staff to investigate options or alternative trail implementation strategies. This phase will include investigation of potential funding sources and public/private development options. All scenarios will be evaluated and documented within the overall Trails Master Plan report. As part of this phase TBG will provide the following services: A. Prioritization Matrix - TBG will evaluate and prepare a matrix which will summarize recommendations for the phasing of all city trails. Prioritization will be based on cost, ease of construction, and possible non-city related funding sources. B. Implementation Components - TBG will explore what components of the Trail Master Plan and Trail Standards should be considered critical to the Implementation of each trail section. C. Funding Sources – TBG will research possible public and private funding sources for implementation of proposed trail development. D. Trail Development Incentives – TBG will present options to stakeholder groups within the city to help encourage trail development. The intent of this phase is to investigate possible sources of private funding. E. TBG will meet with City staff and officials to present all findings PHASE FIVE: CITY APPROVAL PROCESS TBG will attend the following meetings during the approval of the Trails system master plan. Additional meetings will require consideration of additional services. A. Meeting and Review with City Staff (2) B. Meeting and Review with Parks Boards (2) C. Meeting and review with the City Council (1) COMPENSATION For the basic services outlined above, the City of Coppell agrees to pay TBG a lump sum fee of $69,620 to be billed monthly as a percentage of the work completed. The fee is broken down as follows: (Refer to Exhibit B for a man-hour Phase estimate) Phase One: On and Off Site Data Analysis $ 26,140 Phase Two: Overall Tails Master Plan $ 17,600 Phase Three: Overall Trail Standards $ 8,140 Phase Four: Master Plan Implementation and Documentation $ 14,440 Phase Five: City Approval Process $ 3,300 Reimbursables $ 7,500 Total Fee $ 77,120 Mr. .John Elias December 17, 2008 LIMITATIONS Limitations to the work are as follows: Boundary Survey Engineering other than that specifically stated in proposal REIMBURSABLES The following costs shall be reimbursed as part of the contract. These costs are estimated not to exceed $7,500 without further approval from the Client and include the following: A. Cost of copies for drawings, specifications, reports, cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract B. Travel associated with the project, including, but not limited to, mileage ($0.585/mile), airfare, automobile rental, hotel and meals C. Cost of postage and shipping expenses other than first class mail D. Long-distance telephone and facsimile charges E. Photographic services, film and processing F. Cost of digital scanning G. Cost of printing for small and large format plots black and white as well as color plots H. Cost of models, special renderings, promotional photography, special process printing, special equipment, special printed reports or publications, maps and documents approved in advance by the Client I. Fees for additional consultants retained with the approval of the Client Mr. .John Elias December 17, 2008 We look forward to the opportunity of working with you. Please do not hesitate to call if you have any questions or need additional information. Sincerely, Mark T. Meyer, RLA Mark T. Meyer Principal Accepted: City Manager BY ____________________________________ DATE _____________________ Accepted: President of CRDC BY ____________________________________ DATE _____________________ Accepted: Secretary of CRDC BY ____________________________________ DATE _____________________ The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78701, telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249.a, and the Landscape Architects Registration Law, Article 249.c, Vernon’s Texas Civil Statutes. Proposal copyright ©2008 by TBG Partners. No portion of this proposal may be copied or distributed without the written permission of TBG Partners. Mr. .John Elias December 17, 2008 EXHIBIT A: CONTRACT TERMS AND CONDITIONS A. Effective Date Payment This agreement will become effective upon its execution by client or when client provides written authorization to TBG to begin its work. B. Standard of Care TBG will perform its services in accordance with the standard of care expected of landscape architects doing projects of similar scope in the State of Texas. In performing these services, TBG cannot ensure perfection and therefore does not make any warranties, either expressed or implied, as to the quality of its services or of its drawings. To the extent that TBG is relying upon documents supplied to it by the owner or the owner’s consultants, it will be entitled to rely upon the accuracy of those documents in preparing its drawings. C. Parties to this Agreement This is a professional services agreement which TBG is entering into for the exclusive benefit of the client. There are no intended third-party beneficiaries of the agreement, and both TBG and client agree not to assign this agreement or any causes of action which arise under it without the express consent of the other party. D. Statements and Payment Fees for professional services and reimbursable expenses will be invoiced to the client monthly based on the percentage of the work completed for each phase. A phase-by-phase description of work performed will be submitted with each invoice at client’s request. TBG reserves the right to suspend services in the event that invoices exceeding a total amount of $5,000 remain unpaid for more than thirty (30) days. E. Termination The client may terminate this agreement upon written notice to TBG, in which event client will compensate TBG for all work performed by TBG prior to termination. TBG may terminate this agreement upon ten (10) days’ written notice to owner after the occurrence of any of the following: 1. The client’s failure to pay TBG’s invoices within thirty (30) days; 2. Suspension of the project for more than sixty (60) days; 3. The client’s material default of any terms of this agreement; or 4. The client’s failure to execute this agreement. F. Risk Allocation TBG will be responsible only for its own work and not for defects in the work designed or built by others. TBG will not be responsible for consequential damages either to the client or to other members of the construction team, including without limitation damages for delay or for construction inefficiencies for any cause whatsoever; In no event will TBG be liable for damages to the client, assignees, the contractor or its subcontractors for any claims or damages in excess of the amount of the fees paid to TBG by the client. Mr. .John Elias December 17, 2008 G. Dispute Resolution As a condition precedent to either client or TBG’s filing of any claim in litigation, the President of TBG and the client will meet within thirty (30) days of a request by either party to attempt to resolve the dispute. TBG will not be required to participate in any mediation or arbitration proceeding with any parties other than the client without TBG’s consent. In the event of a dispute, neither TBG nor client will be entitled to the award of attorneys’ fees. Venue for any dispute arising out of the services provided by TBG under this agreement will be in the District Court of Travis County, Texas. Any applicable statute of limitations will commence to run and any cause of action will be deemed to have accrued not later than the date of substantial completion of the project on which TBG’s services are provided. H. Revised Project Budget If the project budget defined by the scope of services is increased or decreased by more than ten percent (10%) after the design/development phase of the work, the time and effort required to redesign the project within the new budget will be considered additional services to this agreement. I. Additional Services Additional services are services that may be needed by the client, but which are not included in the basic services. Additional services will be provided only with prior approval of the client, and include but are not limited to the following: 1. Preparation and presentation of graphic exhibits other than those described in the basic scope of services. 2. Revisions and changes in drawings, specifications or other documents previously given by the client, or the preparation of alternates or deductive change orders requested by the client. 3. Preparation of record drawings or of measured drawings of existing conditions. 4. Providing prolonged construction observation should the construction time be substantially extended through no fault of TBG. 5. Providing services if, in Guaranteed Maximum Price (GMP) projects, the construction budget for TBG scope items is reduced through no fault of TBG. Exhibit B TBG Partners - Proposed Task / Fee Matrix December 12, 2008 Task Manhours (by Position) Extended Fee Estimate (by Task) Task One: Kick Off and Analysis 1.1 Kick Off Meeting Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 $0.00 Staff @ $50.00 4 $200.00 1.2 Aquire City G.I.S. and Mapping Principal @ $120.00 8 $960.00 Senior Associate @ $105.00 16 $1,680.00 Associate @ $70.00 8 $560.00 Staff @ $50.00 40 $2,000.00 1.3 In - City Meetings (City of Coppell - walk and study existing and future linkages) Principal @ $120.00 32 $3,840.00 Senior Associate @ $105.00 32 $3,360.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 32 $1,600.00 1.4 Surrounding - City Meeting (Flower Mound, Carroltom, Irving, DFW Airport, Grapevine, Lewisville) Principal @ $120.00 20 $2,400.00 Senior Associate @ $105.00 20 $2,100.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 20 $1,000.00 1.5 Mapping and Documentation from Task 1.3 and 1.4 Principal @ $120.00 2 $240.00 Senior Associate @ $105.00 8 $840.00 Associate @ $70.00 8 $560.00 Staff @ $50.00 56 $2,800.00 1.6 Presentation and review to city staff Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 4 $200.00 Subtotal Fee Estimate - Task One $26,140.00 Task Two: Creation of Overall Trail System 2.1 Creation of Overall Trail System graphic Principal @ $120.00 8 $960.00 Senior Associate @ $105.00 32 $3,360.00 Associate @ $70.00 8 $560.00 Staff @ $50.00 56 $2,800.00 2.2 Meeting and Review with City Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 4 $200.00 2.3 Revisions of Trail system Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 $0.00 Staff @ $50.00 4 $200.00 2.4 Creation of Phasing Plan Principal @ $120.00 2 $240.00 Senior Associate @ $105.00 8 $840.00 Associate @ $70.00 8 $560.00 Staff @ $50.00 32 $1,600.00 2.5 Creation of Costing Plan Principal @ $120.00 2 $240.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 16 $1,120.00 Staff @ $50.00 32 $1,600.00 2.6 Meeting and Review with City Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 4 $200.00 Subtotal Fee Estimate - Task Two $17,600.00 Trail System Masterplan City of Coppell Task Three: Creation of Overall Trail Standards 3.1 Indentification and conceptual design for: (Trailheads, Hike and Bike Trails, Signage, Street Crossings) Principal @ $120.00 3 $360.00 Senior Associate @ $105.00 8 $840.00 Associate @ $70.00 16 $1,120.00 Staff @ $50.00 24 $1,200.00 3.2 Documentation of Trail Standards Principal @ $120.00 3 $360.00 Senior Associate @ $105.00 8 $840.00 Associate @ $70.00 16 $1,120.00 Staff @ $50.00 24 $1,200.00 3.3 Meeting and Review with City Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 4 $200.00 Subtotal Fee Estimate - Task Three $8,140.00 Task Four: Master Plan Implementation 4.1 Priorization Identification Principal @ $120.00 3 $360.00 Senior Associate @ $105.00 24 $2,520.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 24 $1,200.00 4.2 Implementation Components Principal @ $120.00 2 $240.00 Senior Associate @ $105.00 16 $1,680.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 8 $400.00 4.3 Funding Sources Principal @ $120.00 3 $360.00 Senior Associate @ $105.00 24 $2,520.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 16 $800.00 4.4 Trail Development Incentitives Principal @ $120.00 3 $360.00 Senior Associate @ $105.00 20 $2,100.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 16 $800.00 4.5 Meeting and Review with City Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 4 $200.00 Subtotal Fee Estimate - Task Four $14,440.00 Task Five: City Approval Process 4.1 Meeting and Review with City Staff Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 4 $200.00 4.2 Meeting and Review with City Parks Board Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 4 $200.00 4.3 Meeting and Review with City Council Principal @ $120.00 4 $480.00 Senior Associate @ $105.00 4 $420.00 Associate @ $70.00 0 $0.00 Staff @ $50.00 4 $200.00 Subtotal Fee Estimate - Task Four $3,300.00 Total Manhour Estimate (by Task Estimate) $69,620.00 Reimbursable Expenses $7,500.00 Total Estimate - Fees and Reimbursable Expenses $77,120.00 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: Parks and Recreation January 13, 2008 11/L ✔ CONTRACT/BID or PROPOSAL Consider approval of a Professional Services Agreement with TBG Partners in the amount of $54,965.00 for design services related to two sections of trail (Bethel Rd. to Creekview section and Hunterwood Park section), and authorizing the CRDC President and City Manager to sign. This Agreement will allow for the design of two sections of trail that were approved for funding in 2007 by the CRDC and the City Council. The first section is a connector from Hunterwood Park to Old Town Coppell via Coppell Road. The second will connect Wagon Wheel Park to Bethel Road by means of an easement that has been obtained from the adjacent property owners. It is anticipated that both sections will be concrete multi-purpose trails that meet all accessibility requirements. Funds are available in the CRDC accounts for this project. Staff recommends approval. ^Trails-1AR 5307 E. Mockingbird, Suite 300, Dallas, Texas 75206 TEL 214.744.0757 FAX 214.744.6785 WEB www.tbg-inc.com December 17, 2008 Mr. John Elias Park Planner City of Coppell Parks and Recreation Department 816 S. Coppell Road P.O. Box 9478 Coppell, TX 75019 Re: Creekview and Bethel Connector Trail/Hunterwood Connector Trail Dallas, Texas TBG Project No. D08710 Dear Mr. Elias: The Broussard Group, Inc. dba TBG Partners (TBG) is pleased to submit this proposal for professional services in connection with the project referenced above. The extent of this project may be generally described as site survey, trail extension and bridge placement for the extension of the Creekview Bethel connector trail and the Hunterwood connector trail. Please refer to Exhibit C for site and location. This proposal is for landscape architectural services, site survey, and structural engineering services TBG will serve as prime consultant for the City of Coppell, in association with the following sub-consultants; Pacheco Koch, (Survey & Structural Engineering). In addition, and at the owners request, TBG will be utilizing the services of Accessibility, Health & Safety Consulting for all TDLR/ADA required plan review and inspections. SCOPE TBG’s scope will include improvements to the trails located in Coppell, Texas as described above, and will include the following trail related documents, services and improvements: A. TBG will contract with Pacheco Koch, Inc. to provide a topographic and tree survey for the proposed trail areas B. Demolish and remove selected trees and obstruction C. Provide new trail extensions for the areas noted above D. Provide one prefabricated pedestrian bridge including structural drawings for the Creekview Bethel connector trail E. Provide a new small plaza and furnishings at trail entries if deemed necessary by the City Mr. .John Elias December 16, 2008 F. TBG will contract with Cawyer & Associates Consulting LLP for TDLR review, inspection and filing fees BASIC SERVICES TBG’s services will consist of the following six (6) phases, topographic survey, schematic design, design development, construction documents and construction observation, including TDLR inspection described as follows: A. Special Services 1. TBG will provide a surveyor, Pacheco Koch., to visit the site and provide electronic topographic and tree survey data of the proposed trail alignments. The topographic survey information will be used to facilitate site design & documentation and compliance with ADA/TAS requirements for new construction. (NOTE: All fees associated with the provision of a survey for this project are included within this proposal). 2. A boundary survey will not be provided for this effort, as it is not deemed to be necessary by the City. Should the City request a boundary survey at a later date, such services will be deemed additional services. 3. TBG will submit a full-sized set of construction documents and specifications to the Texas Department of Licensing and Regulation or an Independent Contract Provider for Texas Accessibility Standards review. Based on this review, TBG will revise the construction documents accordingly. 4. TBG will coordinate an inspection of the completed project for Texas Accessibility Standards review by the Texas Department of Licensing and Regulation or an independent contract provider. B. Schematic Design 1. TBG will, based upon the survey provided above, visit the site to verify and inventory existing conditions, this will include and assessment of the following: a. Existing and proposed vehicular and pedestrian circulation b. Existing improvements and vegetation, if any c. Existing grades and relationship to adjacent areas and land uses 2. TBG will prepare an illustrative site plan to convey the intent of the design 3. TBG will prepare a preliminary estimate of probable construction cost, based upon the schematic design drawing. 4. Deliverables will include one (1) illustrative schematic design site plan, and one (1) preliminary estimate of probable construction cost, presented to the City. The above documents will be provided to the City in electronic format upon request. Mr. .John Elias December 16, 2008 C. Design Development Based on the written approval of the schematic design drawing and estimate of probable construction cost, TBG will work in coordination with the City of Coppell to provide design development documents consisting of drawings, sketch details, and other documents to fix and describe the size and character of the project as to the elements described above. Design development will include selection of materials and finishes. 1. TBG will submit to the City of Coppell a refinement of the estimate of probable construction cost 2. Deliverables will include three (3) sets of 24” x 36” prints of the design development plans for review by the City D. Construction Documents 1. Based on the written approval of the design development documents and refined estimate of probable construction cost, TBG will prepare for approval by the City of Coppell, construction documents for components consisting of: a. Cover sheet showing vicinity map for project, signature block, index of drawings and contact list b. Demolition showing removal of existing elements as required to accommodate improvements c. Layout and materials plan(s) providing horizontal control and detail references d. Grading and drainage plan(s) indicating ties to elevational datums, accessible gradients on walkways, and drainage and connections to underground storm drainage, if any e. Hardscape and site furnishing details as required f. Landscape, slope stabilization and irrigation drawings g. Technical specification sections (Division 2 – 16 as necessary) 2. Deliverables will include two (2) sets of half-size and three (3) sets of full size 95% review prints, as requested by the City 3. Final deliverables will include one (1) set of reproducible drawings (mylars), one set of unbound technical specifications, and one electronic file of the construction documents in AutoCAD compatible format, as requested by the City. E. Bidding Based on the approved construction documents, TBG will provide bidding services to include the following: 1. Prepare a bid form in a format provided by the City 2. Answer questions during the bidding process, as needed 3. Issue addendum if required Mr. .John Elias December 16, 2008 F. Construction Observation During construction, TBG will perform the following construction observation services: 1. Review submittals and shop drawings as required and as requested 2. TBG will make eight (8) site visits, to observe contractor progress and plan compliance. Additional visits will be considered additional services. These visits will consist of the following Pre-Construction 1 Grading 2 Trail Alignment 2 Hardscape 2 Planting and Irrigation 1 Total Site visits 8 G. Consultant Team The TBG consultant team will include: 1. Topographic Survey - Pacheco Koch 2. Structural Engineer - Pacheco Koch 3. TDLR filing, review and inspection - Cawyer & Associates Consulting LLP (HUB Certified) H. Limitations Limitations to the work are as follows: 1. Boundary survey 2. Engineering other than that specifically stated in proposal I. Fees For the Basic Services outlined above, the City of Coppell agrees to pay TBG a fee of ($54,965.00), to be billed monthly as a percentage of the work completed. The fee is broken down as follows: Special Services (Includes Survey, Structural & TDLR) $ 20,900 Schematic Design $ 5,165 Design Development $ 5,065 Construction Documents $ 15,695 Bidding $ 1,020 Construction Observation $ 3,120 Reimbursable Fees $ 4,000 Total Fee $ 54,965 Mr. .John Elias December 16, 2008 REIMBURSABLES The following costs shall be reimbursed as part of the contract. These costs are estimated not to exceed $4,000 without further approval from the Client and include the following: A. Cost of copies for drawings, specifications, reports, cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract B. Travel associated with the project, including, but not limited to, mileage ($0.585/mile), airfare, automobile rental, hotel and meals C. Cost of postage and shipping expenses other than first class mail D. Long-distance telephone and facsimile charges E. Photographic services, film and processing F. Cost of digital scanning G. Cost of printing for small and large format plots black and white as well as color plots H. Cost of models, special renderings, promotional photography, special process printing, special equipment, special printed reports or publications, maps and documents approved in advance by the client I. Fees for additional consultants retained with the approval of the client ADDITIONAL SERVICES Additional services must receive written authorization from the client before being performed. The following hourly rates will be utilized for additional services: STAFF I $35 - $45 STAFF II $50 - $70 STAFF III $75 - $95 STAFF IV $ 100 - $125 STAFF V $ 130 - $190 Mr. .John Elias December 16, 2008 We look forward to the opportunity of working with you. Please do not hesitate to call if you have any questions or need additional information. Sincerely, Mark T. Meyer, RLA Mark T. Meyer Principal Accepted: City Manager BY ____________________________________ DATE _____________________ Accepted: President of CRDC BY ____________________________________ DATE _____________________ Accepted: Secretary of CRDC BY ____________________________________ DATE _____________________ The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78701, telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249.a, and the Landscape Architects Registration Law, Article 249.c, Vernon’s Texas Civil Statutes. Proposal copyright ©2008 by TBG Partners. No portion of this proposal may be copied or distributed without the written permission of TBG Partners. Mr. .John Elias December 16, 2008 CONTRACT TERMS AND CONDITIONS A. Effective Date Payment This agreement will become effective upon its execution by client or when client provides written authorization to TBG to begin its work. B. Standard of Care TBG will perform its services in accordance with the standard of care expected of landscape architects doing projects of similar scope in the State of Texas. In performing these services, TBG cannot ensure perfection and therefore does not make any warranties, either expressed or implied, as to the quality of its services or of its drawings. To the extent that TBG is relying upon documents supplied to it by the owner or the owner’s consultants, it will be entitled to rely upon the accuracy of those documents in preparing its drawings. C. Parties to this Agreement This is a professional services agreement which TBG is entering into for the exclusive benefit of the client. There are no intended third-party beneficiaries of the agreement, and both TBG and client agree not to assign this agreement or any causes of action which arise under it without the express consent of the other party. D. Statements and Payment Fees for professional services and reimbursable expenses will be invoiced to the client monthly based on the percentage of the work completed for each task. A task-by-task description of work performed will be submitted with each invoice at client’s request. TBG reserves the right to suspend services in the event that invoices exceeding a total amount of $5,000 remain unpaid for more than thirty (30) days. E. Termination The client may terminate this agreement upon written notice to TBG, in which event client will compensate TBG for all work performed by TBG prior to termination. TBG may terminate this agreement upon ten (10) days’ written notice to owner after the occurrence of any of the following: 1. The client’s failure to pay TBG’s invoices within thirty (30) days; 2. Suspension of the project for more than sixty (60) days; 3. The client’s material default of any terms of this agreement; or 4. The client’s failure to execute this agreement. F. Risk Allocation TBG will be responsible only for its own work and not for defects in the work designed or built by others. TBG will not be responsible for consequential damages either to the client or to other members of the construction team, including without limitation damages for delay or for construction inefficiencies for any cause whatsoever; In no event will TBG be liable for damages to the client, assignees, the contractor or its subcontractors for any claims or damages in excess of the amount of the fees paid to TBG by the client. Mr. .John Elias December 16, 2008 G. Dispute Resolution As a condition precedent to either client or TBG’s filing of any claim in litigation, the President of TBG and the client will meet within thirty (30) days of a request by either party to attempt to resolve the dispute. TBG will not be required to participate in any mediation or arbitration proceeding with any parties other than the client without TBG’s consent. In the event of a dispute, neither TBG nor client will be entitled to the award of attorneys’ fees. Venue for any dispute arising out of the services provided by TBG under this agreement will be in the District Court of Travis County, Texas. Any applicable statute of limitations will commence to run and any cause of action will be deemed to have accrued not later than the date of substantial completion of the project on which TBG’s services are provided. H. Revised Project Budget If the project budget defined by the scope of services is increased or decreased by more than ten percent (10%) after the design/development phase of the work, the time and effort required to redesign the project within the new budget will be considered additional services to this agreement. I. Additional Services Additional services are services that may be needed by the client, but which are not included in the basic services. Additional services will be provided only with prior approval of the client, and include but are not limited to the following: 1. Preparation and presentation of graphic exhibits other than those described in the basic scope of services. 2. Revisions and changes in drawings, specifications or other documents previously given by the client, or the preparation of alternates or deductive change orders requested by the client. 3. Preparation of record drawings or of measured drawings of existing conditions. 4. Providing prolonged construction observation should the construction time be substantially extended through no fault of TBG. 5. Providing services if, in Guaranteed Maximum Price (GMP) projects, the construction budget for TBG scope items is reduced through no fault of TBG. Creekview - Bethel Connector and Hunterwood Connector Trails Exhibit B December 12, 2008 Task Manhours (by Position) Extended Fee Estimate (by Task) Topographic Survey Lump Sum $9,000.00 Lump Sum $10,000.00 $19,000.00 Prime Consutlant Fee 10.00% $1,900.00 $20,900.00 Schematic Design Site Visit / Inventory and Analysis Principal @ $120.00 8 $960.00 Associate @ $65.00 8 $520.00 Site Design Principal @ $120.00 4 $480.00 Associate @ $65.00 4 $260.00 Staff @ $50.00 24 $1,200.00 Illustrative Graphics - Plans, Sections and Elevations Principal @ $120.00 2 $240.00 Staff @ $50.00 18 $900.00 SD Cost Estimate Principal @ $120.00 2 $240.00 Staff @ $50.00 6 $300.00 Reproduction Coordination Associate @ $65.00 1 $65.00 Subtotal Fee Estimate - Schematic Design $5,165.00 Design Development Materials Research / Selection Senior Associate @ $75.00 4 $300.00 Staff @ $50.00 24 $1,200.00 Site Grading / Drainage Design Senior Associate @ $75.00 4 $300.00 Staff @ $50.00 24 $1,200.00 Outline Specifications Principal @ $120.00 2 $240.00 Senior Associate @ $75.00 3 $225.00 Clerical @ $35.00 12 $420.00 Updated Cost Estimate Senior Associate @ $75.00 4 $300.00 Staff @ $50.00 8 $400.00 Clerical @ $35.00 8 $280.00 Printing / Bid Set Compilation Staff @ $50.00 4 $200.00 Subtotal Fee Estimate - Design Development $5,065.00 Sub - Consultant Services Structural Total Fee Estimate - Sub - Consultant Services TBG Partners - Proposed Task / Fee Matrix Subtotal Fee Estimate - Sub - Consultant Services City of Coppell - Park and Recreation Department Basic Services Construction Documents Cover Sheet Staff @ $50.00 4 $200.00 Demolition Plans Principal @ $120.00 2 $240.00 Senior Associate @ $75.00 8 $600.00 Associate @ $65.00 12 $780.00 Staff @ $50.00 24 $1,200.00 Layout and Materials Plans Principal @ $120.00 4 $480.00 Senior Associate @ $75.00 12 $900.00 Associate @ $65.00 18 $1,170.00 Staff @ $50.00 24 $1,200.00 Grading and Drainage Plans Principal @ $120.00 2 $240.00 Senior Associate @ $75.00 6 $450.00 Associate @ $65.00 12 $780.00 Staff @ $50.00 24 $1,200.00 Hardscape Plans Principal @ $120.00 2 $240.00 Senior Associate @ $75.00 6 $450.00 Associate @ $65.00 12 $780.00 Staff @ $50.00 24 $1,200.00 Specifications (Technical Sections Only) Principal @ $120.00 2 $240.00 Senior Associate @ $75.00 4 $300.00 Associate @ $65.00 8 $520.00 Clerical @ $35.00 18 $630.00 Updated Cost Estimate Principal @ $120.00 2 $240.00 Senior Associate @ $75.00 4 $300.00 Staff @ $50.00 12 $600.00 Clerical @ $35.00 1 $35.00 Printing / Bid Set Compilation Associate @ $65.00 4 $260.00 Staff @ $50.00 4 $200.00 TDLR Coordination Associate @ $65.00 4 $260.00 Subtotal Fee Estimate - Construction Documents $15,695.00 Bidding and Negotiation Coordination Prepare bid Format Principal @ $120.00 1 $120.00 Senior Associate @ $75.00 4 $300.00 Staff @ $50.00 12 $600.00 $1,020.00 Construction Phase Services Site Visits (8 at 6 hours each) Associate @ $65.00 48 $3,120.00 $3,120.00 $50,965.00 Reimbursable Expenses $4,000.00 Total Estimate - Fees and Reimbursable Expenses $54,965.00 Total Manhour Estimate (by Task Estimate) 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 13, 2009 11/M ✔ CONTRACT/BID or PROPOSAL Consider approval of an Interlocal Agreement with the Collin County Purchasing Forum to participate in their cooperative purchasing program and authorizing the Mayor to sign. Approval of this Interlocal agreement will allow the City of Coppell to purchase from any agreement established from the members of the forum. The City of Coppell would be able to utilize these contracts as needed in the best interest to the City. The City of Coppell can participate per Local Government Code Sec. 271.083. Staff recommends approval. Last printed 1/5/2009 INTERLOCAL AGREEMENT This agreement made and entered into this Thirteenth day of January, 2009, by and between Collin County Governmental Purchasing Forum (hereinafter called “THIS GOVERNING BODY”) and The City of Coppell as defined under § 791.003. of Texas Governmental Code, Interlocal Cooperation Contracts, (hereinafter called "COOP ENTITY") each acting by and through its duly authorized officials: WHEREAS, THIS GOVERNING BODY and COOP ENTITY are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, THIS GOVERNING BODY and COOP ENTITY wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which THIS GOVERNING BODY and COOP ENTITY may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of THIS GOVERNING BODY and COOP ENTITY through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, THIS GOVERNING BODY and COOP ENTITY have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; THIS GOVERNING BODY and COOP ENTITY agree as follows: 1. THIS GOVERNING BODY and COOP ENTITY may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts; 2. THIS GOVERNING BODY and COOP ENTITY shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. THIS GOVERNING BODY and COOP ENTITY shall each make their respective payments from current revenues available to the paying party; 3. The Agreement shall be in full force and effect until terminated by either party; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty (30) days written notice to another participating entity; 5. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Last printed 1/5/2009 EXECUTED hereto on the day and year first above written. Coppell, TEXAS Mayor Doug Stover ATTEST: City Sectretary Libby Ball APPROVED AS TO FORM: Attorney’s Office STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the day of , 2008, by . Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2008, by . Notary Public in and for the State of Texas This interlocal agreement, once executed, must be filed with: The Collin County Purchasing Dept. Attn: Sara Hoglund 200 S. McDonald Street, Suite 230 McKinney, Texas 75069 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 ȱ Human Resources January 13, 2009 11/N ✔ CONTRACT/BID or PROPOSAL Consider approval to purchase vehicles through the BuyBoard Cooperative Purchasing contract 281-07 from Philpott Motors for Fleet, Parks, Streets and Utilities in the amount of $222,320.00 as budgeted. This purchase will be through a Cooperative Purchasing Program (Buyboard). The City is authorized to purchase from the program per Local Government Code Sec. 271.083. LOCAL GOVERNMENT PARTICIPATION. (a) A local government may participate in the purchasing program of the commission, including participation in purchases that use the reverse auction procedure, as defined by Section 2155.062(d), Government Code. Funds have been budgeted in the General Fund and Water Sewer Fund for the vehicle purchases. Utilities - 4 vehicles, Fleet - 1 vehicle, Streets - 1 vehicle, Right of Way - 1 vehicle, and Ballfield Maintenance - 1 vehicle. Staff recommends approval. End User:Philpott Rep: Contact:Date:28-Oct-08 Product Description: A. Bid Series:19 14,438.00$ B. Published Options [Itemize each below] Code Bid Price Code Bid Price X36 4,515.00$ STD INCL STD INCL STD INCL STD 44T 1,078.00$ 572 796.00$ 2,425.00$ 512 328.00$ INCL 52B 216.00$ INCL INCL INCL 99R9 5,236.00$ 14,594.00$ C. Unpublished Options [Itemize each below, not to exceed 25%] $=20.7 % Bid Price Bid Price 200.00$ (180.00)$ INCL 1,440.00$ 1,060.00$ 300.00$ 70.00$ 20.00$ 445.00$ 2,660.00$ 6,015.00$ D. Contract Price Adjustment: E. Delivery Charges: miles @ $.93/mile -$ F. Total of A + B + C + D + E = F 35,047.00$ G.Quantity Ordered 1 x F =35,047.00$ H. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER 400.00$ I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE 35,447.00$ ELECTRIC BRAKE CONTROLLER 9X8 STEEL FLAT BED--SEE TRAILER TOW PACKAGE ESTIMATED DELIVERY IN 120-150 DAYS 5-SPEED AUTOMATIC A/C 4-TON JACK TOWCOMMAND PACKAGE AS PER YOUR SPECS (2) TBV3624A UNDER BODY TOOL BOX CLASS V RECEIVER HITCH 6-WAY ROUND TRAILER PLUG Options GENERAL TRUCK BODY PDI, STATE INSPECTION, AND DELIVERY GENERAL TRUCK BODY W/OPTIONS BLACK HD GRILL GUARD TOMMY GATE 91-1350 TP36 INSTALLED Medium and HD Trucks BUYBOARD BID 281-07 CITY OF COPPELL FORD F350 CAB/CHASSIS SRW ALAN WILEY 2009 5.4L DIESEL UPGRADE Total of C. Unpublished Options: Total of B. Published Options: GBFB9 BED W/TREADPLATE FLOOR STEEL CAB PROTECTOR W/WINDOW (2) TBA9616A ABOVE BED TOOL BOXES SAFETY CHAIN POINTS Options Options EXTENDED CAB 60" CAB TO AXLE DUAL REAR WHEEL 5.4L GAS AM-FM RADIO & HEATER Options CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT A. Base Price: SPARE TIRE AND WHEEL FACTORY INTEGRATED VE VINYL BENCH SEAT RUBBER FLOOR AND ABS BRAKES POWER STEERING MARK BROCHTRUP 13,000 GVWR CHANGE BELOW FOR ITEMS End User:Philpott Rep: Contact:Date:6-Nov-08 Product Description: A. Bid Series:19 14,438.00$ B. Published Options [Itemize each below] Code Bid Price Code Bid Price X36 4,515.00$ STD INCL STD INCL STD INCL STD 44T 1,078.00$ 572 796.00$ L60 5,492.00$ 512 328.00$ INCL X4N 328.00$ 52B 216.00$ INCL INCL INCL 99R9 5,236.00$ 17,989.00$ C. Unpublished Options [Itemize each below, not to exceed 25%] $=5.3 % Bid Price Bid Price 804.00$ NOTE 275.00$ 200.00$ 425.00$ 1,704.00$ D. Contract Price Adjustment: E. Delivery Charges: miles @ $.93/mile -$ F. Total of A + B + C + D + E = F 34,131.00$ G.Quantity Ordered 1 x F =34,131.00$ H. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER 400.00$ I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE 34,531.00$ CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT A. Base Price: SPARE TIRE AND WHEEL FACTORY INTEGRATED VE VINYL BENCH SEAT RUBBER FLOOR AND ABS BRAKES POWER STEERING MARK BROCHTRUP 13,000 GVWR UPRADE BELOW Options EXTENDED CAB 60" CAB TO AXLE DUAL REAR WHEEL 5.4L GAS AM-FM RADIO & HEATER Options 2009 5.4L DIESEL UPGRADE Total of C. Unpublished Options: Total of B. Published Options: BUYERS RECEIVER HITCH, 6-WAY PLUG AND LASHING RINGS AG VAN PDI, STATE INSPECTION, AND Options Medium and HD Trucks BUYBOARD BID 281-07 CITY OF COPPELL FORD F350 CAB/CHASSIS SRW ALAN WILEY UPGRADE TO S60DW94 SERVICE BODY BLACK GRILL GUARD Options ESTIMATED DELIVERY IN 120 DAYS 4-TON JACK TOWCOMMAND PACKAGE 4.10 LIMITED SLIP AXLE 3.73 IS NOT AVAILABLE DELIVERY ELECTRIC BRAKE CONTROLLER L60 SERVICE BODY-SEE TRAILER TOW PACKAGE ESTIMATED DELIVERY IN 120-150 DAYS 5-SPEED AUTOMATIC A/C End User:Philpott Rep: Contact:Date:28-Oct-08 Product Description: A. Bid Series:17 13,959.00$ B. Published Options [Itemize each below] Code Bid Price Code Bid Price INCL L56 4,295.00$ INCL INCL INCL 52B 216.00$ INCL INCL INCL 44B 1,188.00$ FDS 925.00$ 572 796.00$ X20LB 2,111.00$ 66D (665.00)$ 8,866.00$ C. Unpublished Options [Itemize each below, not to exceed 25%] $=11.7 % Bid Price Bid Price 600.00$ NOTE NOTE 275.00$ 200.00$ 425.00$ 1,178.00$ 2,678.00$ D. Contract Price Adjustment: E. Delivery Charges:0 miles @ $.93/mile -$ F. Total of A + B + C + D + E = F 25,503.00$ G.Quantity Ordered 1 x F =25,503.00$ H. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER 400.00$ I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE 25,903.00$ TRAILER TOW MIRRORS ELECTRIC BRAKE CONTROLLER A/C REAR BUMPER HEATER 5-SPEED AUTOMATIC FUEL DELIVERY SURCHARGE AG VAN PDI, STATE INSPECTION, AND DELIVERY WHEN READY BLACK GRILL GUARD Options RKI S5680 SERVICE BODY FOR 2009 ESTIMATED DELIVERY IN 120 DAYS VEHICLES BUYBOARD #281-07 CITY OF COPPELL FORD F250 PICKUP ALAN WILEY DELETE PICKUP BED Total of C. Unpublished Options: Total of B. Published Options: INCLUDES STEEL COST INCREASE QUOTE GOOD FOR 30 DAYS ONLY RECEIVER HITCH W/6-WAY PLUG WHELEN LIGHT BAR SHIPPED LOOSE Options Options XL MODEL W/TRAILER TOW PKG 5.4L V8 GAS MANUAL TRANSMISSION RKI SERVICE BODY--SEE Options CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT A. Base Price: AM-FM RADIO EXTENDED CAB LONG BED UPGRADE BELOW FACTORY INTERGRATED MARK BROCHTRUP FULL SIZE SPARE End User:Philpott Rep: Contact:Date:3-Dec-08 Product Description: A. Bid Series:16 11,617.00$ B. Published Options [Itemize each below] Code Bid Price Code Bid Price INCL X12 1,882.00$ INCL 99V 1,220.00$ INCL INCL INCL 535 328.00$ INCL INCL INCL INCL 44Q 1,427.00$ 572 796.00$ FDS 975.00$ 67T 216.00$ XH9 281.00$ 7,125.00$ C. Unpublished Options [Itemize each below, not to exceed 25%] $=0.0 % Bid Price Bid Price NOTE -$ D. Contract Price Adjustment: E. Delivery Charges:0 miles @ $.93/mile -$ F. Total of A + B + C + D + E = F 18,742.00$ G.Quantity Ordered 1 x F =18,742.00$ H. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER 400.00$ I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE 19,142.00$ SURCHARGE AS OF 10-08-07 A/C TRAILER BRAKE CONTROLLER VINYL SPLIT BENCH HEATER-DEFROSTER TILT WHEEL AUTOMATIC Options ESTIMATED DELIVERY IN 90-120 DAYS VEHICLES BUYBOARD #281-07 CITY OF COPPELL FORD F150 PICKUP ALAN WILEY Total of C. Unpublished Options: Total of B. Published Options: LIMITED SLIP AXLE Options Options XL SERIES SHORT BED 4.2L V6 GAS MANUAL TRANS EXTENDED CAB 6.5 BED Options CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT A. Base Price: AM-FM RADIO FACTORY FUEL DELIVERY 5.4L GAS V8 6-SPEED AUTO 7000# GVWR TRAILER TOW PACKAGE MARK BROCHTRUP SINGLE REAR WHEEL End User:Philpott Rep: Contact:Date:6-Nov-08 Product Description: A. Bid Series:17 13,959.00$ B. Published Options [Itemize each below] Code Bid Price Code Bid Price INCL INCL INCL INCL 52B 216.00$ INCL INCL INCL 99R9 5,516.00$ 44B 1,188.00$ FDS 925.00$ 572 796.00$ W20LB 3,490.00$ 66D (665.00)$ 11,466.00$ C. Unpublished Options [Itemize each below, not to exceed 25%] $=19.9 % Bid Price Bid Price 2,550.00$ 1,490.00$ NOTE 575.00$ NOTE NOTE SEE BELOW 445.00$ NOTE 5,060.00$ D. Contract Price Adjustment: E. Delivery Charges:0 miles @ $.93/mile 200.00$ F. Total of A + B + C + D + E = F 30,685.00$ G.Quantity Ordered 1 x F =30,685.00$ H. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER 400.00$ I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE 31,085.00$ TRAILER TOW MIRRORS ELECTRIC BRAKE CONTROLLER A/C REAR BUMPER HEATER 5-SPEED AUTOMATIC FUEL DELIVERY SURCHARGE GENERAL PDI, STATE INSPECTION, AND DELIVERY WHEN READY GENERAL TRUCK BLACK GRILL GUARD Options TWO (2) TOOL STORAGE INSTALLED ONE (1) CURB SIDE TOOL STORAGE GENERAL TRUCK BODY GBFB8 BED ESTIMATED DELIVERY IN 120 DAYS VEHICLES BUYBOARD #281-07 CITY OF COPPELL FORD F250 PICKUP ALAN WILEY DELETE PICKUP BED Total of C. Unpublished Options: Total of B. Published Options: BULKHEAD, CLASS V RECEIVER AND 6-WAY ROUND TRAILER PLUG QUOTE GOOD FOR 30 DAYS ONLY Options Options XL MODEL W/TRAILER TOW PKG 5.4L V8 GAS MANUAL TRANSMISSION Options CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT A. Base Price: AM-FM RADIO CREW CAB LONG BED FACTORY INTERGRATED MARK BROCHTRUP FULL SIZE SPARE 2009 6.4L DIESEL UPGRADE End User:Philpott Rep: Contact:Date:6-Nov-08 Product Description: A. Bid Series:17 13,959.00$ B. Published Options [Itemize each below] Code Bid Price Code Bid Price INCL X3L 328.00$ INCL INCL INCL INCL 6,125.00$ INCL INCL 44B 1,188.00$ FDS 925.00$ 572 796.00$ F20LB INCL INCL 66D (665.00)$ 8,697.00$ C. Unpublished Options [Itemize each below, not to exceed 25%] $=10.1 % Bid Price Bid Price 595.00$ 849.00$ NOTE 200.00$ 639.00$ NOTE 2,283.00$ D. Contract Price Adjustment: E. Delivery Charges:0 miles @ $.93/mile -$ F. Total of A + B + C + D + E = F 24,939.00$ G.Quantity Ordered 1 x F =24,939.00$ H. BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER 400.00$ I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE 25,339.00$ TRAILER TOW MIRRORS GENERAL SERVICE PACKAGE B SEE UPGRADE BELOW A/C REAR BUMPER HEATER 5-SPEED AUTOMATIC FUEL DELIVERY SURCHARGE GENERAL PDI, STATE INSPECTION, AND DELIVERY WHEN READY SHIPPED LOOSE: WARN M8000 WINCH Options GO INDUSTIRES 33642B GRILL GUARD WITH 33600 WINCH CARRIER INSTALLED THE FOLLOWING ITEMS WILL BE KNAPHEIDE 696GFJ FLIPTOP VEHICLES BUYBOARD #281-07 CITY OF COPPELL FORD F250 PICKUP ALAN WILEY DELETE PICKUP BED Total of C. Unpublished Options: Total of B. Published Options: WESTERNER STORAGE BODY AS PER YOUR SPEC- QUOTE GOOD 30 DAYS ESTIMATED DELIVERY IN 120 DAYS Options Options XL MODEL W/TRAILER TOW PKG 5.4L V8 GAS MANUAL TRANSMISSION 3.73 LIMITED SLIP Options CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT A. Base Price: AM-FM RADIO REGULAR CAB LONG BED MARK BROCHTRUP FULL SIZE SPARE 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 PLANNING January 13, 2009 11/O ✔ PRESENTATION Consider approval of a six-month extension to the expiration date of January 7, 2009 for the Cici’s Addition No. 1, Lot 1R, Block 1, Replat, to revise the location of the fire lane to allow the expansion of the existing office/warehouse building on 5.14 acres of property located at 1080 W. Bethel Road. On June 19, 2008, the Planning Commission unanimously approved the Cici’s Addition No. 1, Lot 1R, Block 1, Replat (5-0). On July 8, 2008, Council unanimously approved the Cici’s Addition No. 1, Lot 1R, Block 1, Replat (7-0). Please see the attached letter from Mark Kiefer dated December 22, 2008, requesting a six-month extension. If Council were to approve this request, this Final Plat would expire July 7, 2009. Staff recommends APPROVAL. @CCA #1, L1R, B1, RP,EXT 1-AR, (con) 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: PLANNING January 13, 2009 11/P ✔ ORDINANCE Consider approval of an Ordinance for Case No. S-1249-C, Sprouts, a zoning change from C (Commercial) to S-1249-C (Special Use Permit-1249-Commercial), to allow a 28,887-square-foot grocery store to occupy a portion of an existing building, to modify the front elevations and add two trellis structures to the front of the building, located at 110 W. Sandy Lake Road, Suite 180, and authorizing the Mayor to sign. On November 20, 2008, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners Haas, Frnka, Jett, Shute, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. On December 9, 2008, Council unanimously approved this zoning change (7-0). Staff recommended APPROVAL. @S-1249-C, Sprouts ORD, 1-AR, (con) 1 TM 33484 2.0 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM C (COMMERCIAL) TO S-1249-C (SPECIAL USE PERMIT-1249-COMMERCIAL), TO ALLOW A 28,887-SQUARE-FOOT GROCERY STORE TO OCCUPY A PORTION OF AN EXISTING BUILDING, TO MODIFY THE FRONT ELEVATIONS AND ADD TWO TRELLIS STRUCTURES TO THE FRONT OF THE BUILDING, LOCATED AT 110 W. SANDY LAKE ROAD, SUITE 180, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS AND ATTACHED SIGN EXHIBIT, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S- 1249-C should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from C (Commercial) to S-1249-C (Special Use Permit-1249-Commercial), to allow a 28,887-square-foot grocery store to occupy a portion of an existing building, to modify the front elevations and add two 2 TM 33484 2.0 trellis structures to the front of the building, located at 110 W. Sandy Lake Road, Suite 180 and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit for a grocery store is hereby approved, subject to the following special conditions: A) That the site shall be developed in accordance with the commercial zoning district under the Code of Ordinances and Regulations provided herein as set forth in Exhibits “B” through “E”, respectively, incorporated in Section 3 of this ordinance. B) All attached signs will be white, individually mounted channel letters, which will match the shade of white of the existing, newer signs in this shopping center, as illustrated in Exhibit “E”. C) No additional monument sign shall be permitted. Signage shall be permitted on the existing monument sign on Denton Tap Road, the location of which shown on Exhibit “B”. D) Owner or Occupant shall use said premises to comply with the conditions provided herein and subject to all other municipal ordinances and regulations applicable to such use. SECTION 3. That the Site Plan, Floor Plan, Elevations and Attached Sign Exhibit, attached hereto as Exhibits “B”, “C”, "D", and “E” respectively, and made a part hereof for all purposes, are hereby approved. 3 TM 33484 2.0 SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars 4 TM 33484 2.0 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 12/12/08) Exhibit “A” LEGAL DESCRIPTION Being a 28,887 square foot lease space within the Woodside Village Shopping Center (Connell Scaggs Addition) 110 W. Sandy Lake Road, Suite 180 Coppell, Texas 75019 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 PLANNING January 13, 2009 12 ✔ PUBLIC HEARING Consider approval of an application by Chesapeake Energy to drill two gas wells on 3.1 acres of property west of Coppell Road, south of Canyon Drive, with Final Phase site plan (ultimate build-out) which indicates up to 9 additional wells on this pad site. Per Section 9-26-7 of the Oil and Gas Drilling Ordinance, if the well is within 800 feet of any occupied building, a public hearing is required. Staff is recommending the postponement of this request until February 10, 2009 to allow the applicant additional time to address the revisions as outlined in the attached memo including: 1. The relocation of the pad site further to the west; 2. Revision to the transportation route which prohibits traffic onto Coppell Road; 3. Limiting the high impact activities to daylight hours; 4. Reduction in the permitted decibel levels; and 5. The inclusion of additional screening. Staff is recommending the postponement of this request until February 10, 2009. @Drilling Application, 1-AR Page 1 of 4 DATE: January 13, 2009 TO: Mayor and City Council FROM: Marcie Diamond, Assistant Director of Planning RE: Application by Chesapeake Energy to drill two gas wells on 3.1 acres of property west of Coppell Road, south of Canyon Drive, with Final Phase site plan (ultimate build-out) which indicates up to 9 additional wells on this pad site. History ¾ On January 9, 2007 Council approved Ordinance No. 2007-1150 providing regulations relating to Oil and Gas Production in the City of Coppell. ¾ On August 14, 2007 Council authorized the hiring of Larry O. Hulsey & Co. to act in the city’s behalf as the Oil or Gas Inspector/Technical Advisor. ¾ On November 25, 2008 staff received an application by Chesapeake Energy to drill and operate two gas wells and an additional nine future gas wells at the above location. Current Application Chesapeake Energy submitted an application to drill and operate 2 gas wells, on a 3.1 acre tract of land located west of Coppell Road, south of Canyon Drive. The mineral lease area encompasses 139.2 acres of property, known as the Callejo Tract. These wells have received permits from the Railroad Commission. This application also includes the Final Phase site plan (ultimate build-out) which indicates up to 9 additional wells within this 3.1 acre pad site. Public Hearing By Ordinance, if the proposed well is within 800 feet of any occupied building (not used in operation of the drilling site) a public hearing is required. The notification of this hearing has been provided through; a sign placed on the property, notices in the Advocate two consecutive Fridays, and written notices sent to all property owners within 800 feet of the proposed well. There are 50 single family homes and three office buildings (totaling 142,000 square feet, accommodating up to 500 employees) within the 800 foot notification area. The closest well is proposed to be located 374 feet from a home and 300 from the office buildings. Page 2 of 4 Technical Review Comments On December 31, 2008 staff received a letter from Larry O. Hulsey (attached), stating compliance with state and city requirements. In addition to Mr. Hulsey’s review of the technical aspects of the application, various city departments also reviewed the application to insure compliance with other ordinances of the city of Coppell (i.e. fire code, subdivision ordinance, tree preservation, etc.). Transportation: The requested route for constructing and servicing these proposed wells proposed to be Coppell Road north to Canyon Drive west to S.H. 121. Tree mitigation: The pad site area is sparsely wooded, containing 14 Trees, including Pecan, Pear, Ash and Honey Locust. Per Sec. 9-26-6.C(27) of the Oil and Gas Ordinance a tree mitigation plan and tree removal permit must be obtained. Based on tree information submitted, Tree Retribution in the amount of $14,000 will be due. These calculations will be finalized at the time the Tree Removal Permit is pulled. Water Source: Water for the drilling operation will be purchased from the City of Coppell and delivered via a meter attached to an existing fire hydrant on Coppell Road. The maximum daily usage is estimated to be 16,000 gallons per day. The Hazard Management Plan, Insurance and Security Document, Road Maintenance Agreement, Grading and Drainage Plans are all in compliance with the applicable ordinances. Permitting Process: The actual permitting of gas well is under the purview of the Railroad Commission of Texas (www.rrc.state.tx.us) However, local municipalities may impose reasonable conditions on this use to protect the health, safety and welfare of the community. The Oil and Gas Drilling Ordinance in the Coppell Code of Ordinances, Section 9-26-7.C, Permitting, specifically states (emphases added): “10. The city council shall review the application and any other related information and shall consider the following in deciding whether to grant an oil or gas well permit: (a) Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located there; (b) Whether the drilling of such wells would conflict with the orderly growth and development of the city; (c) Whether there are other alternative well site locations; Page 3 of 4 (d) Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with the oil or gas well permit conditions to be imposed; (e) Whether there is sufficient access for the city fire personnel and fire fighting equipment; (f) The recommendations of the oil and gas inspector; and (g) Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the oil or gas well permit conditions are reasonable and justified, balancing the following factors: i. The right of the owners(s) of the mineral estate to explore, develop, and produce the minerals; and ii. The availability of alternative drill sites. 11. The city council may require an increase in the distance the well is setback from public rights-of-way or any occupied building, (not used in operations on the drilling site) including, but not limited to residence, religious institution, public building, hospital, school, public park, or any business, or require any change in operation, plan, design, layout or any change in the on-site and technical regulations of this article, including fencing, screening, landscaping, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by public interest. 12. The city council may, consistent with state law, accept, reject or modify the application in the interest of securing compliance with this article, the City Code of Ordinances and/or to protect the health, safety and welfare of the community.” Given the authority granted to the City Council in this ordinance, staff is recommending the following revisions to protect the health, safety and welfare of the community, including: the relocation of the pad site further to the west; revision to the transportation route which prohibits traffic onto Coppell Road; limiting the high impact activities to daylight hours; reduction in the permitted decibel levels and the inclusion of additional screening. Recommendation: Postponement of this request until February 10, 2009 so that the following conditions can be addressed: a) Relocation of the pad site either internal to the tract, or closer to S.H. 121 which would reduce the impact on existing residents and office occupants. b) All truck traffic shall be prohibited on Coppell Road. Access to this site may be provided via Northwestern Drive, Canyon and S.H. 121. c) Fracturing and drilling activities and movement of trucks with equipment being limited to daylight hours. d) Reduction in the permitted decibel levels at 300 feet from the well head to not more that 5 db over ambient during the day and no more than 3 db over ambient at night. e) An 8 foot solid masonry wall shall be erected at the time the 1st well is in production stage with evergreen trees planted 40’ on center. Page 4 of 4 Other conditions: 1. A Tree Removal Permit shall be required prior to the removal of any trees. 2. Grading, Drainage, and driveway permits shall be required. 3. Issuance of separate permits by the city of Coppell prior to the drilling activities of additional wells on this site including a Fee payment of $8,250.00, per well. 4. The transportation route shall be reevaluated prior to the issuance of permits for any new well. 5. All other permits as required in Article 9-26 of the Code of Ordinances. Attachments: Location Map FINAL Production Phase Site Plan Letter from Larry O. Hulsey Complete Application package (119 pages) 121 300ft 800ft Projection: Absolute Scale: Analyst: Date: Relative Scale: Texas State Plane NAD 27 North Central Zone (4202) December 8, 2008 1:3,600 1 inch equals 300 feet Lauren Webb Callejo 1H-11H Structures Within 300'/ 800' 0 160 320 480 64080Feet Legend Identified_Structures Wellhead LocationsWell & Pad BuffersIdentified Structures Pad Site Locations Callejo 1H-11H 344'400'400'331' City of Coppell Permit Application Callejo 1H, 2H Chesapeake Energy Corporation 100 Commerce Street, Suite 1700 • Fort Worth, TX 76102 Phone: 817.502.5000 • Fax 817.810.0450 • martin.johnson@chk.com November 25, 2008 City of Coppell Department of Planning 255 Parkway Boulevard Coppell, TX 75019 Attn: Marcie Diamond, AICP Re: Callejo 1H, 2H, City of Coppell, TX Permit to Drill Dear Ms. Diamond: Chesapeake Operating, Inc. respectfully submits the following as application for a permit to drill the Callejo 1H, 2H, the surfaces to be located within the city limits of Coppell, Texas. 1) Date of Application: November 25, 2008 Type of Permit Requested: See Gas Well Permit Application 2) Legal Description of lease property: See Gas Well Permit Application, under Well Information 3) Transportation Route: See attached Exhibit A. 4) Proposed Well Name: Callejo 1H, 2H 5) Surface Owner(s): See Gas Well Permit Application 6) Mineral Lesse name and address: William F. Callejo 4314 N Central EXPY Dallas, TX 75206-6536 7) Operator Info: See Gas Well Permit Application 8) Name of Individual to receive notice: See Gas Well Permit Application 9) Name of representative with supervisory authority over all gas operation site activities and 24-hour phone number: Same as above Martin J. Johnson Manager – Field Permitting Chesapeake Energy Corporation 100 Energy Way, Suite 1700 • Fort Worth, TX 76102 Phone: 817.502.5000 • Fax 817.810.0224 • martin.johnson@chk.com Page 2 City of Coppell Permit to Drill Callejo 1H, 2H 10) Location and description of improvements and structures within 800’ of the well: See attached Exhibit B. 11) Owner and address of each parcel of property within 800’ of the proposed drill site: See attached Exhibit C. 12) Detailed Site Plan: See attached Exhibit D. 13) Emergency Contact Information: See Gas Well Permit Application 14) Exact and correct acreage: 139.2acres – 2 Wells in this application 15) Copies of all reports required by Commission: See Exhibit E. 16) Road Repair Agreement: See Exhibit F. 17) Public Utilities Required: There will be no public utilities required. 18) Water Source: Water for drilling will be purchased from the City of Coppell. During the drilling operations, Chesapeake will utilize one of the existing fire hydrants off the Westside of Coppell Drive. Preferably, we would like to utilize the fire hydrant at the intersection of Coppell and Minyard. Meter readings will be taken before and after operations begin, and on a monthly basis which will then be reported to the City of Coppell. A frac plan for the well has not been finalized and will be presented to you for approval before the fracing operations begin. 19) Railroad Commission Permit with attachments: See attached Exhibit E. 20) SWPP: The Environmental Protection Agency (EPA) has modified the National Pollutant Discharge Elimination System regulations to provide that certain storm water discharges from field activities or operations, including construction, associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities are exempt from National Pollutant Discharge Elimination System permit requirements. Therefore, we are exempt from filing a Notice of Intent (NOI) or having a SWPP. 21) TCEQ Letter: See attached Exhibit G. 22) FAA Permit: Typically, an FAA Permit is required if a drill site is located within a 3 mile radius of an airport runway. This site does not require an FAA Permit. 23) Hazardous Materials Management Plan: See attached Exhibit I. Chesapeake Energy Corporation 100 Energy Way, Suite 1700 • Fort Worth, TX 76102 Phone: 817.502.5000 • Fax 817.810.0224 • martin.johnson@chk.com Page 3 City of Coppell Permit to Drill Fellowship 6H 24) Insurance and Security: According to Section 9-26-13 (E), The Operator who has a net worth of not less than $25,000,000, may substitute an acceptance and indemnity agreement in lieu of the bond and insurance requirements as set forth in this Ordinance, provided that it is in a form acceptable to and approved by the City Attorney. 25) Statement, under oath, signed by the Operator: See Gas Well Permit Application. 26) Gas Well Permit Fees: Two checks, for $1500 and $8250 are enclosed. 27) Tree Mitigation Plan/Tree Removal Permit: See Attached Exhibit J for the Tree Removal Survey. Also, note the perimeter landscaping on the site plan, Exhibit D. We will apply for the Tree Removal Permit once this permit has been approved by city council. 28) Acceptance and Indemnity Agreement: See attached Exhibit K. 29) Video: See attached Exhibit L. 30) City Building Inspections Permit/Grading Permit: We will work closely with the Engineering department to fill out all necessary forms before construction begins. 31) Notification of Surface Owners: Will notify surface owners 15-30 days prior to date of public hearing. 32) Picture of Sign Posted: Will post sign at least 15 days prior to date of public hearing. 33) Newspaper Affidavit: Will run notice 15-20 days prior to date of public hearing. Should you have questions, please contact me by phone or email as shown below. Sincerely, Martin J. Johnson MJJ:dkg 121 Callejo 1H 2H - Transportation Route From 121, go east on Canyon Dr. for 0.39 miles, then south on Coppell for 0.12 miles and the site entrance will be on the west side of the street. Projection: Absolute Scale: Analyst: Date: Relative Scale: Texas State Plane NAD 27 North Central Zone (4202) December 8, 2008 1:4,800 1 inch equals 400 feet Lauren Webb Callejo 1H 2HTransportation Route 0 220 440 660 880110Feet Legend Wellhead LocationsEmergency Transportation Callejo 1H 2H Canyon Dr.Coppell 121 300ft 800ft Projection: Absolute Scale: Analyst: Date: Relative Scale: Texas State Plane NAD 27 North Central Zone (4202) December 8, 2008 1:3,600 1 inch equals 300 feet Lauren Webb Callejo 1H-11H Structures Within 300'/ 800' 0 160 320 480 64080Feet Legend Identified_Structures Wellhead LocationsWell & Pad BuffersIdentified Structures Pad Site Locations Callejo 1H-11H 344'400'400'331' 121 800ft 53 52 5150 49 4847 46 45 44434241 403938373635 34 33 32 3130 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 109 8 7654 3 2 1 Projection: Absolute Scale: Analyst: Date: Relative Scale: Texas State Plane NAD 27 North Central Zone (4202) December 8, 2008 1:3,600 1 inch equals 300 feet Lauren Webb Callejo 1H-11H Structures Within 800' 0 160 320 480 64080Feet Legend Wellhead LocationsWell & Pad BuffersPad Site Locations Dallas 2007 Ownership Callejo 1H-11H Chesapeake Energy Corporation, 301 Commerce St Ste 600, Fort Worth, TX 76102 Phone: 817-870-1250 Fax: 817-810-9485 Web Site: http://www.chkenergy.com/ Source: Dallas County Appraisal District 12/9/2008 Map Label Account Number Owner Name Owner Address Owner City Owner State Owner Zip Legal 1 Legal 2 Legal 3 1 18002820010010000 WESTERN RIM INVESTORS 601 CANYON DR STE 101 COPPELL TEXAS 750193862 THE MANSIONS BY THE LAKE BLK 1 LT 1 ACS 34.7549 2 18001730010020000 GTE REALTY CORP PO BOX 152206 IRVING TEXAS 750152206 GTE SHARED SERVICES CENTER BLK 1 LT 2 ACS 9.8912 3 18000050000000A00 ASBURY MANOR HOMEOWNERS 5622 DYER ST DALLAS TEXAS 752065004 ASBURY MANOR SPLIT A ACS 0.0672 COMMON AREA 4 18000050050030000 LEE SEKWANG 525 ABBEY CT COPPELL TEXAS 750192026 ASBURY MANOR BLK 5 LT 3 5 18000050050040000 OBIALO THEODORE C &529 ABBEY CT COPPELL TEXAS 750192026 ASBURY MANOR BLK 5 LT 4 6 18000050050050000 HYVARINEN JUKKA P 528 ABBEY CT COPPELL TEXAS 750192025 ASBURY MANOR BLK 5 LT 5 7 18000050050060000 POUWELS JOHN D &524 ABBEY CT COPPELL TEXAS 750192025 ASBURY MANOR BLK 5 LT 6 8 18000050000000D00 ASBURY MANOR HOMEOWNERS 5622 DYER ST DALLAS TEXAS 752065004 ASBURY MANOR SPLIT D ACS 0.6930 COMMON AREA 9 18005380010020000 121 CANYON OFFICE LP 433 N CAMDEN DR BEVERLY HILLS CALIFORNIA 902104409 ONE TWENTY ONE BUSINESS PARK BLK 1 LT 2 ACS 15.4649 10 18000050050020000 SHAIK ZAKEER 521 ABBEY CT COPPELL TEXAS 750192026 ASBURY MANOR BLK 5 LT 2 11 18000050040010000 CHEN YU &720 WESTMINSTER WAY COPPELL TEXAS 750192023 ASBURY MANOR BLK 4 LT 1 12 18000050050010000 ROMAN ALINA 517 ABBEY CT COPPELL TEXAS 750192026 ASBURY MANOR BLK 5 LT 1 13 18000050010050000 JAYANTI YAJI S &717 WESTMINSTER WAY COPPELL TEXAS 750192024 ASBURY MANOR BLK 1 LT 5 14 18000050010040000 HOGAN DENNIS B &721 WESTMINSTER WAY COPPELL TEXAS 750192024 ASBURY MANOR BLK 1 LT 4 15 18000050010030000 LY LIEN MY 725 WESTMINSTER WAY COPPELL TEXAS 750192024 ASBURY MANOR BLK 1 LT 3 16 18000050010020000 DHANIK PRANAV 729 WESTMINSTER WAY COPPELL TEXAS 750192024 ASBURY MANOR BLK 1 LT 2 17 18000050000000C00 ASBURY MANOR HOMEOWNERS 5622 DYER ST DALLAS TEXAS 752065004 ASBURY MANOR SPLIT C ACS 0.2390 COMMON AREA 18 18000050010010000 GUNTER GARY P JR &737 WESTMINSTER WAY COPPELL TEXAS 750192024 ASBURY MANOR BLK 1 LT 1 19 180075600A13A0000 VACC VI HOA INC PO BOX 191185 DALLAS TEXAS 752198185 VILLAGE AT COTTONWOOD CREEK BLK A LT 13A ACS 0.15 COMMON AREA 20 18000050000000B00 ASBURY MANOR HOMEOWNERS 5622 DYER ST DALLAS TEXAS 752065004 ASBURY MANOR SPLIT B ACS 0.0297 COMMON AREA 21 180075600A0180000 SCHMIDT JACQUELINE K 718 GRAYWOOD LN COPPELL TEXAS 750197549 VILLAGE AT COTTONWOOD CREEK BLK A LT 18 22 180075600A0170000 MAJUMDAR BIKRAM K &722 GRAYWOOD LN COPPELL TEXAS 750197550 VILLAGE AT COTTONWOOD CREEK BLK A LT 17 23 180075600A0160000 HUCKEBA LARRY D & ANNA P 726 GRAYWOOD LN COPPELL TEXAS 750197550 VILLAGE AT COTTONWOOD CREEK BLK A LT 16 24 180075600A0150000 SMITH JULIE L 730 GRAYWOOD LN COPPELL TEXAS 750197550 VILLAGE AT COTTONWOOD CREEK BLK A LT 15 25 180075600A0140000 HOLLAND JOHN A SR 721 RINCONADA LN EL PASO TEXAS 799222033 VILLAGE AT COTTONWOOD CREEK BLK A LT 14 J E HOLLAND ABST Surface Owners of Property Within 800 Feet Of Callejo 1H-11H 26 65061421010170000 CALLEJO WILLIAM F TR 4314 N CENTRAL EXPY DALLAS TEXAS 752066536 J E HOLLAND ABST 614 PG 210 TR 17 128.5234 AC 27 180075600A08A0000 VACC VI HOA INC PO BOX 191185 DALLAS TEXAS 752198185 VILLAGE AT COTTONWOOD CREEK BLK A LT 8A ACS 0.006 OPEN SPACE 28 180075600A0130000 DUDLEY DAVID T & KIM 417 GRAYWOOD CT COPPELL TEXAS 750197551 VILLAGE AT COTTONWOOD CREEK BLK A LT 13 29 180075600A0120000 HOOMAIAN SUSAN G &413 GRAYWOOD CT COPPELL TEXAS 750197551 VILLAGE AT COTTONWOOD CREEK BLK A LT 12 30 180075600A0110000 GONZALEZ LUZ MARIA 409 GRAYWOOD CT COPPELL TEXAS 750197551 VILLAGE AT COTTONWOOD CREEK BLK A LT 11 31 180075600A0060000 HUNTER CHARLES K &408 GRAYWOOD CT COPPELL TEXAS 750197551 VILLAGE AT COTTONWOOD CREEK BLK A LT 6 32 180075600A0050000 ATHENS GEORGE 412 GRAYWOOD CT COPPELL TEXAS 750197551 VILLAGE AT COTTONWOOD CREEK BLK A LT 5 33 180075600A0030000 GORMLEY RICHARD T &411 BUTTONWOOD DR COPPELL TEXAS 750197553 VILLAGE AT COTTONWOOD CREEK BLK A LT 3 34 180075600A0040000 PROVENCIO EDDIE & TISA J 415 BUTTONWOOD DR COPPELL TEXAS 750197553 VILLAGE AT COTTONWOOD CREEK BLK A LT 4 35 180075600A0100000 AKULA SURENDER &405 GRAYWOOD CT COPPELL TEXAS 750197551 VILLAGE AT COTTONWOOD CREEK BLK A LT 10 36 180075600A0020000 RENNER ZACHARY JAMES 407 BUTTONWOOD DR COPPELL TEXAS 750197553 VILLAGE AT COTTONWOOD CREEK BLK A LT 2 37 180075600A0070000 MILLS COREY H &404 GRAYWOOD CT COPPELL TEXAS 750197551 VILLAGE AT COTTONWOOD CREEK BLK A LT 7 38 180075600A0090000 ELKINGTON JOE & VICKIE 401 GRAYWOOD CT COPPELL TEXAS 750197551 VILLAGE AT COTTONWOOD CREEK BLK A LT 9 39 180075600A0080000 MCKEE ROBERT W & JULIE M 400 GRAYWOOD CT COPPELL TEXAS 750197551 VILLAGE AT COTTONWOOD CREEK BLK A LT 8 40 180075600A0010000 BURNEY JAY SIDNEY &403 BUTTONWOOD DR COPPELL TEXAS 750197553 VILLAGE AT COTTONWOOD CREEK BLK A LT 1 41 180075000A0100000 NIE YULI &334 DREXEL DR COPPELL TEXAS 750192252 VILLAGE @ COTTONWOOD CREEK BLK A LT 10 42 180075000A0090000 ROBINSON ABRAHAM G &330 DREXEL DR COPPELL TEXAS 750192252 VILLAGE @ COTTONWOOD CREEK BLK A LT 9 43 180075000A0080000 WILLIAMSON J KEVIN &329 BRICKNELL DR COPPELL TEXAS 750192274 VILLAGE @ COTTONWOOD CREEK BLK A LT 8 44 180075000A0120000 KUSTAR PETER 342 DREXEL DR COPPELL TEXAS 750192252 VILLAGE @ COTTONWOOD CREEK BLK A LOT 12 45 180075000A0110000 WILSON JAMES D 338 DREXEL DR COPPELL TEXAS 750192252 VILLAGE @ COTTONWOOD CREEK BLK A LOT 11 46 180075000A0070000 GOTTIPATI SARAYU &325 BRICKNELL DR COPPELL TEXAS 750192254 VILLAGE @ COTTONWOOD CREEK BLK A LT 7 47 180075000A0060000 TURNER KEVIN 321 BRICKNELL DR COPPELL TEXAS 750192254 VILLAGE @ COTTONWOOD CREEK BLK A LT 6 48 180075000B0060000 CRANE CAROLYN 707 ORANGE AVE CORONADO CALIFORNIA 921182239 VILLAGE @ COTTONWOOD CREEK BLK B LOT 6 49 180075000B0070000 CASTAING JULIO JR 540 N ROSSMORE AVE LOS ANGELES CALIFORNIA 900042444 VILLAGE @ COTTONWOOD CREEK BLK B LT 7 50 180075000A0050000 YOUNG SAI K & BERTHA TR 1268 YOUNG ST HONOLULU HAWAII 968141801 VILLAGE @ COTTONWOOD CREEK BLK A LT 5 51 180075000B0050000 ROMERO JESUS R &316 BRICKNELL DR COPPELL TEXAS 750192253 VILLAGE @ COTTONWOOD CREEK BLK B LT 5 52 180075000A0040000 CLARK LYNN SCHAEDEL 313 BRICKNELL DR COPPELL TEXAS 750192254 VILLAGE @ COTTONWOOD CREEK BLK A LT 4 53 180075000A0030000 CRAFT R DAVID 309 BRICKNELL DR COPPELL TEXAS 750192266 VILLAGE @ COTTONWOOD CREEK BLK A LT 3 This document was created by the GIS Department of Chesapeake Energy Corporation. The information contained herein was derived from county tax records and data. No claims are made to the accuracy or completeness of the data i i bili f i l Permit Invalidation.It is the operator s responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Permit expiration. This permit expires two (2) years from the date of issuance shown on the permit unless actual drilling operations have begun. The permit period will not be extended. If a permit is materially amended, the expiration date is two (2) years from the time the amended permit is issued. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, Filing of Documents, and/or Section 1.4, Computation of Time, the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable-quality water, as defined by the Tx Natural Resource Conservation Commission. Before drilling a well, the operator must obtain a letter from the Texas Natural Resource Conservation Commission stating the depth to which water needs protection, Write: Texas Natural Resource Conservation Commission (Surface Casing-MC151), P.O. Box 13087, Austin, TX 78711-3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W-1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. *Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion of Drilling Producing Well. Statewide Rule 16 requires that the operator submit a Form W-2 (oil well) or Form G-1 (gas well) to the appropriate Commission district office within thirty (30) days after completion of such well. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-15s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non-commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one-year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). CONDITIONS AND INSTRUCTIONS Intention to Plug. The operator must file a Form W-3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the directors delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Tx Natural Resource Conservation Commission letter. The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE (512) 463-6751 MAIL: PO Box 12967 Austin, Texas, 78711-2967 Page 1 of 2 Railroad Commission of Texas *NOTIFICATION 09 1H 7,216139.20 -------------------------------------------------------------------- -------- --------- ------- --- NEWARK, EAST (BARNETT SHALE) CALLEJO ------------------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------------- 330 614 RESTRICTIONS:Lateral: TH1 Penetration Point Location Lease Lines: 1010.0 F N L 500.0 F E L Terminus Location BH County: TARRANT Section: Block: Abstract: 614 Survey: GARCIA, G Lease Lines: 330.0 F NW L 379.0 F S L Survey Lines: 983.0 F N L 3066.0 F E L THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97. RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION PERMIT TO DRILL, DEEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Page 2 of 2 Section, Block and/or Survey (903) 984-3026 NOTICE This permit and any allowable assigned may be revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: FIELD(s) and LIMITATIONS: PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT WELLBORE PROFILE(S)TYPE OF OPERATION ACRES CALLEJO 1H DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE See FIELD(s) Below229 ft. N 386 ft. E Nov 12, 200842-113-30170 DALLAS 05673284(AMENDED) Nov 17, 2008 139.2HorizontalNEW DRILL 330 ft.229 ft. N 380 ft. E 0 miles Within direction from FORT WORTH 9000 CHESAPEAKE OPERATING, INC. 147715OPERATOR 614SECTION BLOCK ABSTRACT HOLLAND, J ESURVEY DISTANCE TO NEAREST WELL ON LEASEDISTANCE TO LEASE LINES LOCATION TOTAL DEPTH LEASE NAME WELL NUMBER API NUMBER FORM W-1 RECEIVED COUNTY Data Validation Time Stamp:Nov 18, 2008 7:49 AM( Current Version ) FIELD NAME ACRES DEPTH WELL # DIST LEASE NAME NEAREST LEASE NEAREST WE Yes Yes NoXYesXNo This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION FORM W-1 07/2004API No.42-113-30170 SWR Exception Case/Docket No. 4. Lease Name CHESAPEAKE OPERATING, INC.147715 CALLEJO 5. Well No. 1H 6. Purpose of filing (mark ALL appropriate boxes): 7. Wellbore Profile (mark ALL appropriate boxes): X New Drill Recompletion Reclass Field Transfer Re-Enter X Amended Amended as Drilled (BHL) (Also File Form W-1D) 11. RRC District No. 05 12. County DALLAS 13. Surface Location X Land Bay/Estuary 0 Within Fort Worth 15. Section 16. Block 17. Survey HOLLAND, J E 18. Abstract No. A-614 19. Distance to nearest lease line: 330 20. Number of contiguous acres in lease, pooled unit, or unitized tract:139.2 ft. 229 N 380 E 229 N 386 E Drilling Permit # 673284 SURFACE LOCATION AND ACREAGE INFORMATION GENERAL INFORMATION ft from the line and ft from the line.21. Lease Perpendiculars: 14. This well is to be located miles in a direction from which is the nearest town in the county of the well site. Offshore Inland Waterway 8. Total Depth 9000 9. Do you have the right to develop the minerals under any right-of-way ?10. Is this well subject to Statewide Rule 36 (hydrogen sulfide area)? Vertical Sidetrack Directional (Also File Form W-1D)X Horizontal (Also File Form W-1H) 2. Operator's Name (as shown on form P-5, Organization Report)1. RRC Operator No.3. Operator Address (include street, city, state, zip): RRC Use Only Name of filer Phone E-mail Address (OPTIONAL) Nov 12, 2008 Date submitted Bill Spencer (512)9181062 ApprovedPermit Status: FIELD INFORMATION List all fields of anticipated completion including Wildcat. List one zone per line. 29. Well Type28. Field Name (exactly as shown in RRC records)26. RRC District No. 27. Field No.32. Number of Wells on this lease in this Reservoir 31. Distance to Nearest Well in this Reservoir 30. Completion Depth Oil or Gas Well NEWARK, EAST (BARNETT SHALE)09 65280200 2614.00 7216 Remarks Certificate: I certify that information stated in this application is true and complete, to the best of my knowledge. BOTTOMHOLE LOCATION INFORMATION is required for DIRECTIONAL, HORIZONTAL, AND AMENDED AS DRILLED PERMIT APPLICATIONS (see W-1H attachment) Page 1 of 2 22. Survey Perpendiculars: ft from the line and ft from the line. [FILER Nov 12, 2008 2:10 PM]: Amended surface location bgsaustin@sbcglobal.net Data Validation Time Stamp:Nov 17, 2008 8:26 PM( 'As Approved' Version ) 23. Is this a pooled unit?24. Unitization Docket No:NoX Yes25. Are you applying for Substandard Acreage Field? (attach Form W-1A)NoX 5. Field as shown on Form W-1 6. Section 7. Block 8. Survey 9. Abstract 10. County of BHL GARCIA, G 614 TARRANT 12. Terminus Survey Line Perpendiculars 13. Penetration Point Lease Line Perpendiculars ft. from the line. and ft. from the line1010N500E 11. Terminus Lease Line Perpendiculars ft. from the line. and ft. from the lineNW330379S NEWARK, EAST (BARNETT SHALE) (Field # 65280200, RRC District 09) 983 N 3066 E ft. from the line. and ft. from the line 1H Form W-1H Supplemental Horizontal Well Information 07/2004RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. Permit Status: The RRC has not approved this application. Duplication or distribution of information is at the user's own risk. Approved Lateral Drainhole Location Information Permit # Approved Date: 673284 Nov 17, 2008 2. Operator's Name (exactly as shown on form P-5, Organization Report)1. RRC Operator No.3. Lease Name CHESAPEAKE OPERATING, INC.147715 4. Well No. CALLEJO Page 2 of 2 Permit Invalidation.It is the operators responsibility to make sure that the permitted location complies with Commission density and spacing rules in effect on the spud date. The permit becomes invalid automatically if, because of a field rule change or the drilling of another well, the stated location is not in compliance with Commission field rules on the spud date. If this occurs, application for an exception to Statewide Rules 37 and 38 must be made and a special permit granted prior to spudding. Failure to do so may result in an allowable not being assigned and/or enforcement procedures being initiated. PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER ON REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Permit expiration. This permit expires two (2) years from the date of issuance shown on the permit unless actual drilling operations have begun. The permit period will not be extended. If a permit is materially amended, the expiration date is two (2) years from the time the amended permit is issued. Drilling Permit Number. The drilling permit number shown on the permit MUST be given as a reference with any notification to the district (see below), correspondence, or application concerning this permit. Rule 37 Exception Permits. This Statewide Rule 37 exception permit is granted under either provision 37 (h)(2)(A) or 37(h)(2)(B). Be advised that a permit granted under 37(h)(2)(A), notice of application, is subject to the General Rules of Practice and Procedures and if a protest is received under Section 1.3, Filing of Documents, and/or Section 1.4, Computation of Time, the permit may be deemed invalid. Before Drilling Fresh Water Sand Protection. The operator must set and cement sufficient surface casing to protect all usable-quality water, as defined by the Tx Natural Resource Conservation Commission. Before drilling a well, the operator must obtain a letter from the Texas Natural Resource Conservation Commission stating the depth to which water needs protection, Write: Texas Natural Resource Conservation Commission (Surface Casing-MC151), P.O. Box 13087, Austin, TX 78711-3087. File a copy of the letter with the appropriate district office. During Drilling Permit at Drilling Site. A copy of the Form W-1 Drilling Permit Application, the location plat, a copy of Statewide Rule 13 alternate surface casing setting depth approval from the district office, if applicable, and this drilling permit must be kept at the permitted well site throughout drilling operations. *Notification of Setting Casing. The operator MUST call in notification to the appropriate district office (phone number shown the on permit) a minimum of eight (8) hours prior to the setting of surface casing, intermediate casing, AND production casing. The individual giving notification MUST be able to advise the district office of the drilling permit number. Completion of Drilling Producing Well. Statewide Rule 16 requires that the operator submit a Form W-2 (oil well) or Form G-1 (gas well) to the appropriate Commission district office within thirty (30) days after completion of such well. Completion of the well in a field authorized by this permit voids the permit for all other fields included in the permit unless the operator indicates on the initial completion report that the well is to be a dual or multiple completion and promptly submits an application for multiple completion. All zones are required to be completed before the expiration date on the existing permit. Statewide Rule 40(d) requires that upon successful completion of a well in the same reservoir as any other well previously assigned the same acreage, proration plats and P-15s (if required) must be submitted with no double assignment of acreage. Dry or Noncommercial Hole. Statewide Rule 14(b)(2) prohibits suspension of operations on each dry or non-commercial well without plugging unless the hole is cased and the casing is cemented in compliance with Commission rules. If properly cased, Statewide Rule 14(b)(2) requires that plugging operations must begin within a period of one (1) year after drilling or operations have ceased. Plugging operations must proceed with due diligence until completed. An extension to the one-year plugging requirement may be granted under the provisions stated in Statewide Rule 14(b)(2). CONDITIONS AND INSTRUCTIONS Intention to Plug. The operator must file a Form W-3A (Notice of Intention to Plug and Abandon) with the district office at least five (5) days prior to beginning plugging operations. If, however, a drilling rig is already at work on location and ready to begin plugging operations, the district director or the directors delegate may waive this requirement upon request, and verbally approve the proposed plugging procedures. *Notification of Plugging a Dry Hole. The operator MUST call in notification to the appropriate district office (phone number shown on permit) a minimum of four (4) hours prior to beginning plugging operations. The individual giving the notification MUST be able to advise the district office of the drilling permit number and all water protection depths for that location as stated in the Tx Natural Resource Conservation Commission letter. The operator is REQUIRED to notify the district office when setting surface casing, intermediate casing, and production casing, or when plugging a dry hole. Time requirements are given above. The drilling permit number MUST be given with such notifications. DIRECT INQUIRIES TO: DRILLING PERMIT SECTION, OIL AND GAS DIVISION PHONE (512) 463-6751 MAIL: PO Box 12967 Austin, Texas, 78711-2967 Page 1 of 2 Railroad Commission of Texas *NOTIFICATION 09 2H 7,216139.20 -------------------------------------------------------------------- -------- --------- ------- --- NEWARK, EAST (BARNETT SHALE) CALLEJO ------------------------------------------------------- WELLBORE PROFILE(s) FOR FIELD: Horizontal ------------------------------------------------------- 330 614 RESTRICTIONS:Lateral: TH1 Penetration Point Location Lease Lines: 396.0 F N L 500.0 F E L Terminus Location Lease Lines: 330.0 F NW L 360.0 F N L Survey Lines: 358.0 F N L 2494.0 F E L THE FOLLOWING RESTRICTIONS APPLY TO ALL FIELDS This well shall be completed and produced in compliance with applicable special field or statewide spacing and density rules. If this well is to be used for brine mining, underground storage of liquid hydrocarbons in salt formations, or underground storage of gas in salt formations, a permit for that specific purpose must be obtained from Environmental Services prior to construction, including drilling, of the well in accordance with Statewide Rules 81, 95, and 97. RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION PERMIT TO DRILL, DEEPEN, PLUG BACK, OR RE-ENTER ON A REGULAR OR ADMINISTRATIVE EXCEPTION LOCATION Page 2 of 2 Section, Block and/or Survey (903) 984-3026 NOTICE This permit and any allowable assigned may be revoked if payment for fee(s) submitted to the Commission is not honored. District Office Telephone No: FIELD(s) and LIMITATIONS: PERMIT NUMBER DATE PERMIT ISSUED OR AMENDED DISTRICT WELLBORE PROFILE(S)TYPE OF OPERATION ACRES CALLEJO 2H DISTANCE TO SURVEY LINES DISTANCE TO NEAREST LEASE LINE See FIELD(s) Below214 ft. N 386 ft. E Nov 12, 200842-113-30169 DALLAS 05673453(AMENDED) Nov 17, 2008 139.2HorizontalNEW DRILL 330 ft.214 ft. N 380 ft. E 0 miles Within direction from FORT WORTH 9000 CHESAPEAKE OPERATING, INC. 147715OPERATOR 614SECTION BLOCK ABSTRACT HOLLAND, J ESURVEY DISTANCE TO NEAREST WELL ON LEASEDISTANCE TO LEASE LINES LOCATION TOTAL DEPTH LEASE NAME WELL NUMBER API NUMBER FORM W-1 RECEIVED COUNTY Data Validation Time Stamp:Nov 18, 2008 7:48 AM( Current Version ) FIELD NAME ACRES DEPTH WELL # DIST LEASE NAME NEAREST LEASE NEAREST WE Yes Yes NoXYesXNo This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION FORM W-1 07/2004API No.42-113-30169 SWR Exception Case/Docket No. 4. Lease Name CHESAPEAKE OPERATING, INC.147715 CALLEJO 5. Well No. 2H 6. Purpose of filing (mark ALL appropriate boxes): 7. Wellbore Profile (mark ALL appropriate boxes): X New Drill Recompletion Reclass Field Transfer Re-Enter X Amended Amended as Drilled (BHL) (Also File Form W-1D) 11. RRC District No. 05 12. County DALLAS 13. Surface Location X Land Bay/Estuary 0 Within Fort Worth 15. Section 16. Block 17. Survey HOLLAND, J E 18. Abstract No. A-614 19. Distance to nearest lease line: 330 20. Number of contiguous acres in lease, pooled unit, or unitized tract:139.2 ft. 214 N 380 E 214 N 386 E Drilling Permit # 673453 SURFACE LOCATION AND ACREAGE INFORMATION GENERAL INFORMATION ft from the line and ft from the line.21. Lease Perpendiculars: 14. This well is to be located miles in a direction from which is the nearest town in the county of the well site. Offshore Inland Waterway 8. Total Depth 9000 9. Do you have the right to develop the minerals under any right-of-way ?10. Is this well subject to Statewide Rule 36 (hydrogen sulfide area)? Vertical Sidetrack Directional (Also File Form W-1D)X Horizontal (Also File Form W-1H) 2. Operator's Name (as shown on form P-5, Organization Report)1. RRC Operator No.3. Operator Address (include street, city, state, zip): RRC Use Only Name of filer Phone E-mail Address (OPTIONAL) Nov 12, 2008 Date submitted Bill Spencer (512)9181062 ApprovedPermit Status: FIELD INFORMATION List all fields of anticipated completion including Wildcat. List one zone per line. 29. Well Type28. Field Name (exactly as shown in RRC records)26. RRC District No. 27. Field No.32. Number of Wells on this lease in this Reservoir 31. Distance to Nearest Well in this Reservoir 30. Completion Depth Oil or Gas Well NEWARK, EAST (BARNETT SHALE)09 65280200 2614.00 7216 Remarks Certificate: I certify that information stated in this application is true and complete, to the best of my knowledge. BOTTOMHOLE LOCATION INFORMATION is required for DIRECTIONAL, HORIZONTAL, AND AMENDED AS DRILLED PERMIT APPLICATIONS (see W-1H attachment) Page 1 of 2 22. Survey Perpendiculars: ft from the line and ft from the line. [FILER Nov 12, 2008 2:20 PM]: Amended surface location bgsaustin@sbcglobal.net Data Validation Time Stamp:Nov 17, 2008 8:26 PM( 'As Approved' Version ) 23. Is this a pooled unit?24. Unitization Docket No:NoX Yes25. Are you applying for Substandard Acreage Field? (attach Form W-1A)NoX 5. Field as shown on Form W-1 6. Section 7. Block 8. Survey 9. Abstract 10. County of BHL HOLLAND, J E 614 DALLAS 12. Terminus Survey Line Perpendiculars 13. Penetration Point Lease Line Perpendiculars ft. from the line. and ft. from the line396N500E 11. Terminus Lease Line Perpendiculars ft. from the line. and ft. from the lineNW330360N NEWARK, EAST (BARNETT SHALE) (Field # 65280200, RRC District 09) 358 N 2494 E ft. from the line. and ft. from the line 2H Form W-1H Supplemental Horizontal Well Information 07/2004RAILROAD COMMISSION OF TEXAS OIL & GAS DIVISION APPLICATION FOR PERMIT TO DRILL, RECOMPLETE, OR RE-ENTER This facsimile W-1 was generated electronically from data submitted to the RRC. A certification of the automated data is available in the RRC's Austin office. Permit Status: The RRC has not approved this application. Duplication or distribution of information is at the user's own risk. Approved Lateral Drainhole Location Information Permit # Approved Date: 673453 Nov 17, 2008 2. Operator's Name (exactly as shown on form P-5, Organization Report)1. RRC Operator No.3. Lease Name CHESAPEAKE OPERATING, INC.147715 4. Well No. CALLEJO Page 2 of 2 Exhibit H FAA Permit A FAA Permit is not required for this site. HAZARDOUS MATERIALS MANAGEMENT PLAN CONTENTS INTRODUCTION LOCATION DESIGN AND POTENTIAL HAZARD CONTROL HAZARDOUS MATERIAL CONTAINMENT REGULATORY AGENCY NOTIFICATION COMPANY CONTACTS SITE PLAN: DRILLING AND PRODUCING SITE LOCATOR MAP HAZARDOUS MATERIALS MANAGEMENT PLAN Chesapeake Operating, Inc. is committed to the safety and well being of its employees, contractors, and the general public. Chesapeake Operating, Inc. is equally committed to the prevention of pollutants and exposure to hazardous waste. The most obvious steps in providing safety and hazardous waste protection are: informed and properly trained personnel and organization. Nevertheless, should a release or an incident of exposure occur, the following information is designed to minimize the effects caused by such an incident to the public, employees, and contractors, as well as the environment. LOCATION DESIGN AND POTENTIAL HAZARD CONTROL There are two phases in the exploration for gas: drilling phase and post drilling or producing phase. During these two phases the location and potential hazards remain. Operator’s management and oversight will continue so as to best control any potentially hazardous condition. Drilling Phase: (see attached drilling and producing exhibit) The construction of the location is supervised by the company’s field man as well as the rig supervisor who performs on site inspections. Ditches below the rig floor, substructure, and fuel storage tanks are designed to divert any flow of such liquids to the working pits. The size of the working pits is adequate to contain maximum spillage. The water and drilling mud used in the drilling of the well are initially stored in either a steel circulating pit or an earthen reserve pit located near the well. The well site is manned 24 hours per day through the drilling phase. The drilling crew is trained in operations, safety, and maintenance of the drill site and facility. Any problems at the drill site are immediately reported the rig supervisor. Ultimately, the water and drilling mud are removed by tank trucks and disposed of in accordance with the Texas Railroad Commission requirements. The surface is then returned to as near its original condition as is practicable. Producing Phase: (see attached drilling and producing exhibit) Wastewater and condensate will be collected and stored in a 210 barrel low-profile tank within the well site and out of any of the designated floodplain. Each day the company field pumper shall inspect the well for any potential operational problems as well as any releases of gas or hazardous materials from any equipment including the tanks described above, the separator or any other equipment on the location. The tank will be located within a secondary containment ring which has a non-permeable berm or liner capable of holding one and one-half times the tanks’ capacity. The tanks are also equipped with a sensing device which will shut off the well should the tanks become full. The tanks’ contents shall be emptied by a commercial operator and disposed of in accordance with the Texas Railroad Commission requirements. HAZARDOUS MATERIAL CONTAINMENT If during the drilling phase or the producing phase of a well, any hazardous material including oil, distillate, and/or wastewater is discharged on site, the personnel will give immediate corrective response: A. Shut off source of leakage, B. Take steps necessary to prevent materials from spreading by using absorbent material, diverting the material, or even dams or dike, C. Approximate the size of the area affected, D. Call supervisory persons reporting details listed below, E. Assist and coordinate the efforts to prevent additional spreading and clean up. A report to the company shall be made immediately to the company personnel by the on site supervisor so that the company supervisor can make a determination as to the magnitude of any contaminate, if any, and report the control and clean up to the agency having jurisdiction. The report should include: Name Well Name and Location Date Time Sighted Size Origin Area Affected Time of Containment Material Leaked Such information is necessary for assessing the clean up procedure and agency reporting. REGULATORY AGENCY NOTIFICATION Environmental Protection Agency: Notification of any spill shall be given initially to the EPA National Response Center at the following number: 1-800-424-8802. Subsequent notification shall be given to the appropriate EPA Regional Office. Information shall be provided orally within 24 hours from the time the Operator becomes aware of the circumstances. A written report shall also be provided within five days of the time the Operator becomes aware of the circumstances. The written report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, the nature of correction procedures to be initiated and steps taken or planned to reduce, eliminate and prevent recurrence of the noncompliance. The report shall be forwarded to: SPCC/FRP Coordinator U.S. EPA-Region VI (6SF-RP) 1445 Ross Avenue Dallas, Texas 75202-2733 EPA Spill Line: 214-665-2222 The EPA Regional Administrator may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. Additional Agency Notification (where applicable) Texas Railroad Commission (RRC) 901-984-3026 District 5—Kilgore Texas Railroad Commission (RRC) 940-723-2153 District 9—Wichita Falls (Barnett Shale Gas) Texas Commission on Environmental Quality (TCEQ) 512-463-7777 U.S. Army Corps of Engineers 903-465-4990 U.S. Fish and Wildlife Service Arlington Ecological Services Field Office 817-277-1100 EMERGENCY CONTACT TELEPHONE NUMBERS Chesapeake Emergency Number 800-566-9306 Chesapeake East Tarrant Field Office 817-759-2450 Woody Sandlin Office: 817-709-6014 Cell: 817-727-2485 B.K. Gibson Office: 817-759-2450, x. 3217 Cell: 817-727-2486 Ron Strahan Office: 501-305-3603 Cell: 405-620-0575 City of Coppell EMERGENCY 911 Gas Inspector – Larry Hulsey Office: 940-549-5261 220 Oak Street Cell: 817-296-4828 Graham, Texas 76450 Tarrant County Sheriff 817-884-3270 Dallas County Sheriff 214-653-3465 Texas Railroad Commission District 9 (Barnett Shale Gas) 940-723-2153 District 5 (Oil) 903-984-3026 EPA National Spill Response Center 800-424-8802 EPA Dallas 214-665-2222 Hazardous Materials Management And Inventory Statement (Drilling Phase) Operator: Chesapeake Operating, Inc. 6100 N. Western Avenue Oklahoma City, OK 73118 Callejo 1H: +/- 229’ from the north survey line of the J E Holland Survey, Abstract No. 614 and +/- 380’ from the east survey line of the J E Holland Survey, Abstract No. 614. Callejo 2H: +/- 214’ from the north survey line of the J E Holland Survey, Abstract No. 614 and +/- 380’ from the east survey line of the J E Holland Survey, Abstract No. 614. SEE ATTACHED MSDS FOR TYPICAL DRILLING MSDS AVAILABLE ON LOCATION Hazardous Materials Management And Inventory Statement (Producing Well) Operator: Chesapeake Operating, Inc. 6100 N. Western Avenue Oklahoma City, OK 73118 Callejo 1H: +/- 229’ from the north survey line of the J E Holland Survey, Abstract No. 614 and +/- 380’ from the east survey line of the J E Holland Survey, Abstract No. 614. Callejo 2H: +/- 214’ from the north survey line of the J E Holland Survey, Abstract No. 614 and +/- 380’ from the east survey line of the J E Holland Survey, Abstract No. 614. 121 Denton Tap RdW Sandy Lake Rd N Denton Tap RdN C o p p e l l R d E Sandy Lake RdSH 121BypS Belt Line RdCallejo - Emergency Route From the Coppell Fire Station #3 go west on Parkway Blvd for 1.26 miles, then north on Coppell for 0.04 miles and the site entrance will be on the west side of the street. Projection: Absolute Scale: Analyst: Date: Relative Scale: Texas State Plane NAD 27 North Central Zone (4202) October 28, 2008 1:12,000 1 inch equals 1,000 feet Lauren Webb Callejo 1H 2HEmergency Route 0 540 1,080 1,620 2,160270Feet Legend Wellhead Locations Municipal Fire Stations Emergency Transportation Callejo 1H 2H Material Safety Data Sheets Have been submitted to the City for review. Should you need additional copies, please contact us immediately. Emergency Response Plan (ERP) June 2008 Revision No. 3 Emergency Response Plan Table of Contents Introduction Structure Communication Guidelines Maintaining the Guide Definition Response Teams Levels of Training Corporate Tab Drilling Corporate Response Checklist Pipeline Corporate Response Checklist Production Corporate Response Checklist Drilling Tab Emergency Response Line of Communication Fire and/or Explosion Checklist Medical Emergency Checklist Spill and/or Release Checklist Well Control Checklist Pipeline Tab Emergency Response Line of Communication Fire and/or Explosion Checklist Medical Emergency Checklist Spill and/or Release Checklist Production Tab Emergency Response Line of Communication Fire and/or Explosion Checklist Medical Emergency Checklist Spill and/or Release Checklist Well Control Checklist Emergency Response Contacts Emergency Response Line of Communication Communication Guidelines Chesapeake Emergency Response Contacts Agency Reporting Parameters Emergency Response Contacts Chesapeake Energy Table of Contents Emergency Response Tools Site Assessment Checklist Evacuation Tool Incident Report Field Notes Introduction Emergency Response Plan Chesapeake Energy 1 Structure of Emergency Response Plan The Emergency Response Plan is divided into sections that are intended to assist you through the emergency response process. The “Introduction” outlines communication guidelines, defines key concepts, and identifies members of the response team and their associated training. Operational Drilling, Pipeline, and Production Lines of Communication Flowcharts and checklists are provided to address a fire and/or explosion, medical emergency, spill and/or release and well control event for each operation. The checklists outline each team member’s role and responsibilities by incident type. The checklist cannot encompass every circumstance of a given event but serves as a guide to the typical steps and actions that may be taken in response to an emergency. “Call Sheets” provide contact information for Chesapeake emergency response contacts, regulatory agency contacts, and emergency response contractors. A representative from each Chesapeake operation will update the call sheets and distribute them to you. The “Emergency Response Tools” section provides a checklist and forms that can be utilized during the response. The “Incident Report” and instructions are provided to start the incident documentation process. The “Field Notes” section is a tool that can be utilized to document response efforts. Detailed records aid in the reporting process and are used to evaluate current policies and/or procedures. Introduction Emergency Response Plan Chesapeake Energy 2 Communication Guidelines Introduction When an emergency occurs, an immediate and organized response by Chesapeake will be activated. The Emergency Response Plan (ERP) establishes the framework and response guidelines for designated Chesapeake employees/agents. The ERP outlines procedures for handling emergencies to minimize the adverse impacts to our employees and the community in which we operate. The plan defines the organizational framework with designated positions, responsibilities, notification protocols and lines of authority. The ERP is available for review online via the Chesapeake portal on the Environmental, Health & Safety webpage under Emergency Response or by contacting your Environmental Heath & Safety Advisor. As a member of the Emergency Response Team, you are an important link in the emergency response process. Without your accurate observations, notification and response efforts, additional life, environmental resources, and/or property could be endangered. To aid in identifying the actions that you will take in the event of an emergency, response tools have been developed and are summarized in this plan. Each element of the plan is designed to serve as a reference tool during your response efforts. The order in which you carry out the defined steps may depend upon the specific circumstances of each incident. Communication Guidelines In the event of an emergency situation, clear and accurate communication is essential. During the initial stages of an emergency, communication should always be made by phone utilizing the Emergency Call Sheets, not e-mail. In some cases, after the initial phone calls have been made, it is necessary to communicate information to a group via e-mail. When an e-mail related to an emergency event is prepared, follow these guidelines: • The recipients in the “to” line should always be Senior Vice President Land and Legal and General Counsel and Vice President Legal and Associate General Counsel. • The “cc” line must include those in middle and senior management for the affected geographic areas. • The “cc” line must also include essential corporate EH&S staff, including Risk Management, and our Government Relations/Public Relations Group. In order to make this easier, an e-mail group entitled “Emergency Notification” has been created. • Include “attorney-client privilege” in the subject line of the e-mail. • No non-Chesapeake persons are to be included. In the body of the e-mail, place only factual information concerning the incident that informs the team as to the event, the location, person(s) affected, and known pertinent facts. Do not speculate as to cause or fault. Do not make educated guesses. Do not make comments regarding impacts to family. This will ensure that the Chesapeake team can respond and address matters appropriately. Introduction Emergency Response Plan Chesapeake Energy 3 Maintaining the Plan Implementing comprehensive multi-hazard emergency response guidance is an on-going process that must be reinforced and strengthened. The emergency response tools have been carefully planned and need to be regularly reviewed and updated. A representative from each organization (Drilling, Operations, and Pipeline) will be assigned with updating the call sheets and distributing them to you. Upon receipt of the revisions, update your emergency response plan. Customize the emergency response plan to include specific information that you may need in an emergency. Maintain up-to-date contact information, review the guidelines, and know your role in emergency response. Introduction Emergency Response Plan Chesapeake Energy 4 Definitions Classifying an Incident Occasionally, materials spill, leak, or are released onto a Chesapeake location or facility. Fires and medical events can also occur. Such events can be categorized as being either incidental or emergency events. Incidental A minor or non-emergency event that presents limited risk to the health and safety of employees and/or the environment. Such events are limited in quantity, exposure potential, and toxicity. Examples of incidental events include, but are not limited to: Spill and/or Release • An incidental release at a tanker truck loading station in which the product can be contained by employees in the immediate vicinity and cleaned up utilizing absorbent pads without posing a threat to the safety and health of employees and/or the environment. Fire • Extinguishing a small or incipient stage fire. Medical Event • An incident involving an employee injury that requires first-aid treatment. Well Control Event • A pressure kick (influx in the Wellbore) during drilling. Chesapeake employees/agents are able to respond to and address the incident and associated impacts following normal operating procedures. Emergency Emergencies are occurrences that affect employees, the public, Chesapeake operations, and/or the environment that cannot be handled within the normal scope of operations. Examples of emergencies that could occur at Chesapeake locations include, but are not limited to: Spill and/or Release • Spill/release to “Waters of Concern” or a sensitive area. • Oil, hazardous chemical, or produced water spill/release in excess of the reportable quantity. • Non-routine gas release. Uncontrolled Fire and/or Explosion • Well. • Pipeline. • Facility. Medical Event • Serious injury requiring hospitalization. • Fatality or fatalities. Introduction Emergency Response Plan Chesapeake Energy 5 Well Control Event • Uncontrolled flow at the surface (whether fluids, gas, tubulars, etc.) to include broach away from the well bore. Emergency response efforts require additional assistance from outside contractors and/or vendors, possible regulatory agency reporting, and regular communication between the incident site and Chesapeake management. Introduction Emergency Response Plan Chesapeake Energy 6 Response Teams Response teams have been established to formalize the process for responding to and safely managing emergencies. The roles and responsibilities of each team member are outlined in an Emergency Response Lines of Communication Flowchart and incident specific checklist. Drilling On-Site Team Team Members: • District Manager • Drilling Safety Manager • Environmental, Health & Safety Advisor • Operations EH&S Staff • Response Contractor • Well Control Contractor Support Team Team Members: • Asset Manager • Completion/Production Superintendent • Drilling Engineers • Drilling Engineer Manager • Field Representative/Civil Engineering • Corporate Development • Land Manager • Production Foreman • Risk Manager Production On-Site Team Team Members: • Completion/Production Foreman • Completion/Production Superintendent • District Manager • Environmental, Health & Safety Advisor • Operations EH&S Staff • Production Foreman • Response Contractor • Well Control Contractor Support Team Team Members: • Asset Manager • Drilling Engineering Manager • Field Representative/Civil Engineering • Corporate Development • Land Manager • Risk Manager Pipeline On-Site Team Team Members: • Environmental, Health & Safety Advisor • Midstream Area Operations Manager • Midstream Foreman • Midstream Superintendent • Operations EH&S Staff • Pipeline Regulatory Compliance Manager • Response Contractor • Well Control Contractor Support Team Team Members: • Asset Managers • Completion/Production Superintendent • Facilities Engineer • Corporate Development • Production Foreman • Risk Manager Drilling, Production, Pipeline Corporate Response Team Team Members: • Chief Operations Officer • Senior Vice President Drilling • Senior Vice President Corporate Development • Senior Vice President Investor Relations • Senior Vice President Production • Senior Vice President Human Resources • Senior Vice President Land, Legal & General Counsel • Senior Vice President Marketing • Vice President Drilling • Vice President Midstream Operations • Vice President Operations • Vice President Regulatory Compliance Introduction Emergency Response Plan Chesapeake Energy 7 Levels of Training Each member of The Response Team will receive role and scenario specific training to equip each individual with the knowledge and resources to respond. Chesapeake will train selected personnel at three basic levels: Specialist Employee Personnel who, in the course of their regular duties, will be called upon to provide technical advice or assistance First Responder – Operations Level Employees trained to the Operations Level may respond in a limited “defensive” fashion to such releases, spills or emergencies. Incident Commander The Incident Commander will assume control of the scene and oversee emergency action efforts The table below outlines the level of training that will be provided to team members. SPECIALIST EMPLOYEE OPERATIONS LEVEL EMERGENCY RESPONDER INCIDENT COMMANDER Asset Manager On-Site Personnel/Contract Employees Midstream Area Operations Manager Chief Operating Officer Completion/Production Foreman Corporate Development Completion/Production Superintendent Drilling Engineer District Manager Drilling Engineer/Manager Drilling Superintendent Facilities Engineer EH&S Advisor Field Representative/Civil Engineering Midstream Foreman Land Manager Midstream Superintendent Pipeline Regulatory Compliance Manager Operations EH&S Staff (EH&S Field Representative/ Specialist, Drilling Safety Manager) Rig Site – Company Representative Production Foreman Risk Manager Senior Drilling Engineer Sr. VP Corporate Development Sr. VP Drilling/VP Drilling Sr. VP Human Resources Sr. VP Investor Relations Sr. VP Land, Legal and General Counsel Sr. VP Marketing VP Corporate Development VP Midstream Operations VP Operations VP Regulatory Compliance District Manager- On-site Incident Commander- Coordinate operational impacts - Verify personnel’s safety- Verify action plan implement - If necessary, assume ON-SITE incident command- Verify regulatory agency notificationDRILLINGEmergency Response Line of CommunicationSr. VP Drilling- Relieve Corporate Incident Response Coordinator- Monitor incident- Corporate Liaison- Verify insurance carrier notification- Ensure family of injured are notifiedSr. VP Corporate Development- Monitor and manage contact with Media/Media OfficialsChief Operating Officer- Monitor Incident- Media responsibilities as neededDrilling Engineer Manager- Contact Well Control Contractor (BOOTS & COOTS/WC)- Contact Drilling Contractor- Verify downhole event has been reported to appropriate Oil & Gas regulatory agency- Notify Well PartnersDrilling Safety Manager- Safety Liaison Officer- Coordinate Environmental/Safety Efforts- Monitor safety impacts- Coordinate drug testing, if necessary- Report to OSHAVP Drilling- Corporate Incident Response Coordinator- Establish Corporate Incident Management Team- Ensure regulatory authorities contacted- Verify action plan implemented - Approve voluntary ignitionDrilling Superintendent- Assume ON-SITE Incident Commanderduties- Verify safety & account for personnel - Verify emergency authorities notified- Secure scene/location- Evaluate/determine area of impact- Contact Emergency Response Contractors- Establish, implement and complete action plan - Document incidentRig Site: Company Representative- Assess the scene- Evacuate non-critical, or all personnel, to safe area-Call 911 - Secure the scene/location and account for personnel- Isolate ignition sources- Engage emergency shutdown procedures Senior Drilling Engineer- Develop well bore engineering/data packet- Verify Well Control Contractor notified- Support Drilling Superintendent’s Needs- Report downhole event to appropriate Oil & Gas Regulatory Agency- Provide well relief design- Contact Service Companies (Pumping, Kill Mud, etc.)Drilling Engineer- Prepare well bore information- Prepare off-set well information- Assist Senior Drilling EngineerCompletion/Production Superintendent- Coordinate communications as necessary - Monitor off-site operational impact- Determine off-site impacts to location & publicAsset Manager- Provide engineering data & schematics- Prepare off-set well information- Notify off-set operatorsRisk Manager- Hotel room reservations- Insurance carrier notification- Ensure tracking of displaced residentsCompletion/Production Foreman- Manage production issues- Monitor off-site production impacts- Assist Field Representative with Contractors- Manage material hauled/disposedSr. VP Investor Relations- Monitor and manage financial impactsSr. VP Human Resources- Provide personnel and family information as needed for communication- Provide fatality notification guidanceLand Manager- Provide ownership information- Provide Well Partnership information- Provide well off-set informationSr. VP ProductionVP Operations-Monitor and manage production issuesMEDICAL EMERGENCY SPILLS, RELEASES, FIRES, EXPLOSIONS, WELL CONTROLMidstream Area Operations Manager- Define pipeline systems- Coordinate pipeline IssuesINCIDENT OCCURSRevision No. 4 Revision Date 07-11-08Replaces: Revision No. 3Field Safety Rep./EH&S Field Rep./EH&S Field Specialist/EH&S Advisor- Safety Coordinator / EH&S Liaison Officer- Coordinate environmental/safety efforts- Monitor environmental/safety impacts - Oversee off-site operations and excavations- Advisor: Report to environmental regulatory agencyField Representatives/Civil Engineering- Staging Officer- Contact/Coordinate Equipment Contractors- Coordinate Emergency Response Contractors- Coordinate setup of command trailerCorporate Response TeamVP Regulatory Compliance- Monitor and manage Regulatory impactsSr. VP Land, Legal & General Counsel- Monitor and manage legal aspects of incidentLegendPOTENTIAL IMPACTED OPERATIONSCorporate Development Spokesperson- Public Information Officer- Notify impacted non-technical public/city officials- Point-of-contact for resident/civilian inquiries- Contact with Media/Media OfficialsVerbal incident notification required: Contact next person in Line of Communication until notification is made. Drilling Emergency Response Checklist Chesapeake Energy 1 Fire and/or Explosion Rig Site: Company Representative Assess the scene and prioritize response needs. Alert others nearby by sounding the alarm, horn, or voice command. Evacuate non-critical, or all, personnel from the area to designated assembly area. Attempt to extinguish incipient stage fire, if trained to do so. Call 911 and report incident, indicate: • Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical, Spill/Release Emergency, and/or Well Control Checklist(s) as necessary. Report incident to Drilling Superintendent. Secure the scene/location, as necessary. • Verify all potential ignition sources have been isolated. • Verify emergency shutdown procedures are being implemented and fuel sources have been isolated. • Account for personnel. • Preserve the incident scene. Provide information for First Report of Incident and additional documentation. Drilling Superintendent Debrief First Responder(s). Assume Command of scene. Reassess and verify site conditions. Report incident to District Manager. Notify EH&S of environmental impact. Notify the Corporate Development Spokesperson of incident. Notify impacted public/city officials. Coordinate third party contractor and establish action plan. • Approve, oversee and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. • Establish site security as necessary. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. Field Representative/Civil Engineering Coordinate equipment/third party equipment contractor as directed by Incident Commander. Coordinate Emergency Response Contractor. Coordinate setup of command trailer. Drilling Emergency Response Checklist Chesapeake Energy 2 District Manager Verify the implementation/completion of Emergency Response Checklist. If necessary, assume Command of scene. • Coordinate third party contractor and establish action plan. - Approve, oversee and release third party contractor upon completion of action plan. • Coordinate with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local Authorities. Notify Corporate Response Team of incident. Notify other impacted Operations of incident. Notify Oil and Gas Regulatory Agency of Incident as necessary. Field Safety Rep./EH&S Field Rep./EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures at direction of Incident Commander. Notify Drilling Safety Manager of incident. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of incident. Assist with site security measures at direction of Incident Commander. Oversee off-site environmental response efforts. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. EH&S Advisor Notify appropriate regulatory agency of environmental impact. Drilling Safety Manager Notify EH&S Advisor of environmental impacts resulting from incident. Notify Risk Manager of incident. Oversee site-specific safety measures. Risk Manager Coordinate accommodations for displaced parties. Notify Insurance Carrier of incident. Midstream Area Operations Manager Define impacted pipeline systems. Coordinate pipeline issues. Completion/Production Superintendent Coordinate communications as necessary. Monitor and manage operational impacts. Determine off-site impacts to location and public. Completion/Production Foreman Manage production issues resulting from incident. Monitor off-site production impact. Assist Field Representative with Contractor coordination. Manage materials hauled/disposed of as a result of the action plan. Drilling Emergency Response Checklist Chesapeake Energy 3 Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Drilling Emergency Response Checklist Chesapeake Energy 4 MEDICAL EMERGENCY Rig Site: Company Representative Assess the scene and prioritize response needs. Call 911 and report incident, indicate nature and number of injuries. Report incident to Drilling Superintendent. If trained, provide First Aid/CPR as necessary, until EMS arrives. Personnel should not be moved unless the location is life threatening. Note: Activate Spill/Release, Fire and/or Explosion, and/or Well Control Checklist(s) as necessary. Secure the scene/location, as necessary. • Preserve the incident scene. Provide information for First Report of Incident and additional documentation. Drilling Superintendent Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to District Manager. Notify Drilling Safety Manager and EH&S of injury status. Notify Corporate Development Spokesperson. Notify impacted public/city officials as necessary. • Coordinate and oversee third party contractor, if needed, and establish action plan. - Approve, oversee and release third party contractor upon completion of action plan. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. District Manager Verify the implementation/completion of emergency response checklist. If necessary, assume Command of scene. • Reassess and verify site conditions. • Coordinate and oversee third party contractor, if needed, and establish action plan. - Approve, oversee and release third party contractor upon completion of action plan. Notify Corporate Response Team of the incident. Notify/update Corporate Development Spokesperson of incident. Coordinate family and/or Designated Company Representative notification of injury status following Corporate Response Team guidance. Verify OSHA notification of incident. Production / Completion Superintendent Coordinate communications as necessary. Field Safety Rep./EH&S Field Rep./EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures at direction of Incident Commander. Notify VP of Regulatory compliance of inquiry status. Report Status of incident to Drilling Safety Manager. E-mail notification of incident to designated Chesapeake employees. Drilling Emergency Response Checklist Chesapeake Energy 5 Drilling Safety Manager Notify EH&S and Risk Manager of Incident. Evaluate need for additional/specialized EH&S resources. Notify appropriate regulatory agency of environmental impact. Notify OSHA if incident meets reportable parameters. Coordinate post-incident investigation. Risk Manager Verify employee status with Human Resources. Manage Workers Compensation for Chesapeake employee(s). Notify insurance carrier of incident. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Drilling Emergency Response Checklist Chesapeake Energy 6 Spill and/or Release Rig Site: Company Representative Assess the scene and prioritize response needs. Evacuate non-critical personnel or all, from the immediate area and account for personnel. Call your Supervisor and report incident, indicate: • Potential or status of product traveling off Chesapeake location. • Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Fire/Explosion Emergency Checklist as necessary. Secure the scene/location, as necessary. • Verify all sources of ignition and the release source, have been isolated. • Verify product containment techniques such as dikes, diversion, or catchment basins have been implemented. Report incident to Drilling Superintendent. Provide information for First Report of Incident and additional documentation. Drilling Superintendent Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to District Manager. Notify EH&S of environmental impact. Notify Corporate Development Spokesperson. Notify impacted public/city officials. Coordinate third party response team and establish action plan. • Approve, oversee and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. • Establish site security as necessary. Obtain and input incident information for the First Report of Incident in the Incident Reporting and Management System. Field Representative/Civil Engineering Coordinate equipment/third party equipment contractor as directed by Incident Commander. Coordinate Emergency Response Contractor. Coordinate setup of command trailer. Notify impacted landowner per Incident Commander guidance. District Manager Verify the implementation/completion of emergency response checklist. If necessary, assume Command of scene. • Coordinate third party response team and establish action plan. - Approve, oversee and release third party contractor upon completion of the action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Notify Corporate Response Team of incident. Drilling Emergency Response Checklist Chesapeake Energy 7 Notify other impacted Operations of incident. Notify Oil and Gas Regulatory Agency of Incident as necessary. Field Safety Rep./EH&S Field Rep./EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures as directed by Incident Commander. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of incident. Notify appropriate regulatory agency of environmental impact. Assist with site security measures at direction of Incident Commander. Oversee off-site environmental response efforts. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. EH&S Advisor Notify appropriate regulatory agency of environmental impact. Drilling Safety Manager Notify EH&S of environmental impacts resulting from incident. Notify Risk Manager of incident. Oversee site specific safety measures. Risk Manager Coordinate accommodations for displaced parties. Notify insurance carrier of incident. Midstream Area Operations Manager Define impacted pipeline systems. Coordinate pipeline issues. Completion/Production Superintendent Coordinate communications as necessary. Monitor and manage production impacts. Determine off-site impacts to location and public. Completion/Production Foreman Manage Production issues resulting from incident. Assist Field Representative with Contractor coordination. Manage materials hauled/disposed of as a result of the action plan. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Drilling Emergency Response Checklist Chesapeake Energy 8 Well Control Rig Site: Company Representative Assess the scene and prioritize response needs. Alert others nearby by sounding the alarm, horn, or voice command. Confirm shutdown of operating equipment and proceed to the designated assembly area. • Account for personnel. Note: Activate Medical, Fire/Explosion and/or Spill/Release Emergency Checklist as necessary. Report incident to Drilling Superintendent. Secure the scene/location, as necessary. • Preserve the incident scene. Provide information for First Report of Incident and additional documentation. Drilling Superintendent Debrief First Responder(s). Assume Command of scene. Reassess and verify site conditions. Notify District Manager of incident. Notify Completion/Production Superintendent of incident. Notify Safety Drilling Manager and EH&S of incident. Notify Corporate Development Spokesperson of incident. Notify technical officials/inspectors, etc. Coordinate third party response team and establish action plan. • Approve, oversee and release third party contractor. • Coordinate, Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. • Establish site security as necessary. Obtain and input incident information for the First Report of Incident in the Incident Reporting and Management System. Field Representative/Civil Engineering Coordinate equipment/third party equipment contractor as directed by Incident Commander. Coordinate Emergency Response Contractor. Coordinate setup of command trailer. Notify impacted landowner per Incident Commander guidance. District Manager Verify the implementation/completion of emergency response checklist. Contact and coordinate third party well control contractor – Boots & Coots/WC. If necessary, assume Command of scene. • Coordinate third party response team and establish action plan. - Approve, oversee and release third party contractor upon completion of the action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Notify Corporate Response Team of incident. Notify other impacted Operations of incident. Drilling Emergency Response Checklist Chesapeake Energy 9 Notify Oil and Gas Regulatory Agency of Incident as necessary. Drilling Engineering Manager Coordinate third party well control contractor – BOOT & COOTS/WC. Contact drilling contractor. Supply technical support as requested. Notify Well Partners. Senior Drilling Engineer Develop well bore engineering/data packet. Verify Well Control Contractor notified. Provide well relief design. Contact service companies, as necessary. Provide follow-up information regarding incident for Oil & Gas Commission. Drilling Engineer Prepare well bore information. Prepare off-set well information. Assist Senior Drilling Engineer. Asset Manager Provide engineering data and schematics. Prepare off-set well information. Notify off-set Operations. Land Manager Provide ownership information. Provide well partnership information. Provide well off-set information. Field Safety Rep./EH&S Field Rep./EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures at direction of Incident Commander. Report status of incident to Drilling Safety Manager. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of incident. Assist with site security measures at direction of Incident Commander. Oversee off-site environmental response efforts. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. EH&S Advisor Notify appropriate regulatory agency of environmental impact. Drilling Safety Manager Notify EH&S of environmental impact(s) resulting from incident. Notify Risk Manager of incident. Oversee safety measures at direction of Incident Commander. Risk Manager Coordinate accommodations for displaced parties. Notify insurance carrier of incident. Drilling Emergency Response Checklist Chesapeake Energy 10 Midstream Area Operations Manager Define impacted pipeline systems. Coordinate pipeline issues. Completion/Production Superintendent Coordinate communications as necessary. Monitor and manage production impacts. Determine off-site impacts to location and public. Completion/Production Foreman Manage Production issues resulting from incident. Assist Field Representative with Contractor coordination. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Midstream Area Operations Manager- On-Site Incident Commander- Coordinate operational impacts - Verify personnel’s safety- Verify action plan implemented- Notify Oil and Gas Regulatory Commission PIPELINE Emergency Response Line of CommunicationSr. VP Marketing- Relieve Corporate Incident Response Coordinator- Monitor incident- Corporate Liaison- Verify insurance carrier notification- Ensure family of injured are notifiedSr. VP Corporate Development- Monitor and manage contact with Media/Media OfficialsChief Operating Officer- Monitor Incident- Media responsibilities as neededFacilities Engineer- Provide technical support regarding construction parametersEH&S Field Rep./EH&S Field Specialist/EH&S Advisor- Safety Officer / Liaison Officer- Coordinate environmental/safety efforts- Monitor environmental/safety impacts- Oversee off-site operations and excavations- Advisor: Report incident to EH&S regulatory agencyVP Midstream Operations- Corporate Incident Response Coordinator- Establish Corporate Incident Response Team- Ensure regulatory authorities contacted- Verify action plan implemented - Approve voluntary ignitionMidstream Forman- ON-SITE Incident Commander / Staging Officer duties- Evaluate/determine area of impact- Establish, implement and oversee action plan - Contact/Coordinate Equipment Contractors- Contact/Coordinate Emergency Response Vendors- Coordinate setup of command trailer On-Site Personnel or Contract Employees- Assess the scene- Evacuate non-critical, or all personnel, to safe area- Call 911 - Secure the scene/location and account for personnel- Extinguish ignition sources- Engage emergency shutdown procedures Corporate Development Spokesperson- Public Information Officer- Notify impacted non-technical public/city officials- Point-of-contact for resident/civilian inquiries- Contact with Media/Media OfficialsRisk Manager- Direct incoming queries- Hotel room reservations- Insurance carrier notification- Ensure tracking of displaced residentsSr. VP Invester Relations- Monitor and manage financial impactsSr. VP Human Resources- Provide personnel and family information as needed for communication- Provide fatality notification guidanceSr. VP Production/VP Operations-Monitor and manage impacts to productionMEDICAL EMERGENCY SPILLS, RELEASES, FIRES, EXPLOSIONS, WELL CONTROLINCIDENT OCCURSRevision No. 4 Revision Date 07-11-08Replaces: Revision No. 3Pipeline Regulatory Compliance Manager- Manage Operator Qualification impacts- Report incident to DOT- Coordinate EH&S Regulatory agency notificationCompletion/Production Superintendent- If necessary, assume ON-SITE Incident Command until Midstream Operations Superintendent arrives - Coordinate communications as necessary - Monitor off-site operational impacts- Determine off-site impacts to location & publicCompletion/Production Foreman- Manage production issues- Monitor off-site production impacts- Assist Midstream Foreman with Contractors- Manage materials hauled/disposedCorporate Response TeamVP Regulatory Compliance- Monitor and manage regulatory impactsSr. VP Land, Legal & General Counsel- Monitor and manage legal aspects of incidentMidstream Superintendent - Debrief Foreman- Assume ON-SITE Incident Commanderduties- Establish, implement and oversee action planLegendPOTENTIAL IMPACTED OPERATIONSVerbal incident notification required: Contact next person in Line of Communication until notification is made. Pipeline Emergency Response Checklist Chesapeake Energy 11 Fire and/or Explosion On-Site Personnel or Contract Employee Assess the scene and prioritize response needs. Alert others nearby by sounding the alarm, horn, or voice command. Evacuate non-critical, or all, personnel from the area to designated assembly area. Attempt to extinguish incipient stage fire, if trained to do so. Call 911 and report incident, indicate: • Incident magnitude, evacuated area, and the location of the assembly area(s). Note: Activate Medical and/or Spill/Release Emergency Checklist as necessary. Report incident to Midstream Foreman. Secure the scene/location, as necessary. • Isolate all potential ignition sources. • Engage emergency shutdown procedures and/or manually, from a safe distance, isolate fuel sources. • Account for personnel. • Preserve the incident scene. Provide information for first report of Incident and additional documentation. Midstream Foreman If discover incident: • Assess the scene and prioritize response needs. • Alert others nearby by sounding the alarm, horn, or voice command. • Evacuate non-critical, or all, personnel from the area to designated assembly area. • Attempt to extinguish incipient stage fire, if trained to do so. • Call 911 and report incident, indicate: - Incident magnitude, evacuated area, and the location of the assembly area(s). Note: Activate Medical and/or Spill/Release Emergency Checklist as necessary. • Secure the scene/location, as necessary. - Isolate all potential ignition sources. - Engage emergency shutdown procedures and/or manually, from a safe distance, isolate fuel sources. - Account for personnel. - Preserve the incident scene. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to Midstream Superintendent. Notify EH&S of incident. Notifies Corporate Development Spokesperson. Coordinate third party contractor and establish action plan. • Approve, oversee, and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. • Contact equipment/third party equipment contractor. Pipeline Emergency Response Checklist Chesapeake Energy 12 • Contact Emergency Response Contractor. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. Midstream Superintendent If discover incident: • Assess the scene and prioritize response needs. • Alert others nearby by sounding the alarm, horn, or voice command. • Evacuate non-critical, or all, personnel from the area to designated assembly area. • Attempt to extinguish incipient stage fire, if trained to do so. • Call 911 and report incident, indicate: - Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Spill/Release Emergency Checklist as necessary. • Secure the scene/location, as necessary. - Isolate all potential ignition sources. - Engage emergency shutdown procedures and/or manually, from a safe distance, isolate fuel sources. - Account for personnel. - Preserve the incident scene. Debrief First Responder(s). Assume Command of scene. Reassess and verify site conditions. Report incident to Midstream Area Operations Manager. Notify EH&S of environmental impact. Notify appropriate regulatory agency of environmental impact. Notify impacted operations and public/city officials of incident. Coordinate third party contractor and establish action plan. • Approve, oversee, and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Obtain and input incident information for the first report of Incident into the Incident Reporting and Management System. Completion/Production Superintendent If discover incident: • Assess the scene and prioritize response needs. • Alert others nearby by sounding the alarm, horn, or voice command. • Evacuate non-critical, or all, personnel from the area to designated assembly area. • Attempt to extinguish incipient stage fire, if trained to do so. • Call 911 and report incident, indicate: - Incident magnitude, evacuated area, and the location of the assembly area(s). Note: Activate Medical and/or Spill/Release Emergency Checklist as necessary. • Secure the scene/location, as necessary. - Isolate all potential ignition sources. - Engage emergency shutdown procedures and/or manually, from a safe distance, isolate fuel sources. - Account for personnel. - Preserve the incident scene. Pipeline Emergency Response Checklist Chesapeake Energy 13 Debrief First Responder. Assume Command of scene until Midstream Superintendent arrives. Reassess and verify site conditions. Report incident to Midstream Superintendent. Notify EH&S of environmental impact. Coordinate third party contractor and establish action plan. • Approve, oversee, and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. • Monitor and manage production impacts. • Brief and relinquish command of scene to Midstream Superintendent upon his/her arrival. Production Foreman Manage production issues resulting from incident. Shut in wells as necessary. Monitor off-site production impacts. Assist Midstream Foreman with contractor coordination. Manage material hauled/disposed of as a result of the action plan. Midstream Area Operations Manager Verify the implementation/completion of Emergency Response checklist. If necessary, assume Command of scene. • Coordinate third party contractor and establish action plan. - Approve, oversee, and release third party contractor upon completion of the action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Notify Corporate Response Team of incident. Notify other impacted Operations of incident. Notify Oil and Gas Regulatory Agency of Incident as necessary. Facilities Engineer Provide technical support regarding construction parameters to address damage/repairs. EH&S Field Representative/EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures at direction of Incident Commander. Notify Pipeline Regulatory Compliance Manager of incident. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of incident. Assist with site security measures at direction of Incident Commander. Oversee off-site environmental response efforts. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. EH&S Advisor Notify appropriate regulatory agency of environmental impact. Pipeline Emergency Response Checklist Chesapeake Energy 14 Pipeline Regulatory Compliance Manager Manage Operator Qualification parameters. Coordinate with appropriate regulatory agency notification of DOT reportable incident. Risk Manager Coordinate accommodations for displaced parties. Notify insurance carrier of incident. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Pipeline Emergency Response Checklist Chesapeake Energy 15 Medical Emergency On-Site Personnel or Contract Employee Assess the scene and prioritize response needs. Call 911 and report incident, indicate nature and number of injuries. Report incident to Midstream Foreman. If trained, provide First Aid/CPR as necessary, until EMS arrives. Personnel should not be moved unless the location is life threatening. - Note: Activate Fire and/or Explosion and/or Spill Release Emergency Checklist(s) as necessary. Secure the scene/location, as necessary. • Preserve the incident scene. Provide information for First Report of Incident and additional documentation. Midstream Foreman If discover incident: • Assess the scene and prioritize response needs. • Call 911 and report incident - provide nature and number of injuries. • If trained, provide First Aid/CPR as necessary, until EMS arrives. Personnel should not be moved unless the location is life threatening. - Note: Activate Fire and/or Explosion and/or Spill Release Emergency Checklist(s) as necessary. • Secure the scene/location, as necessary. - Preserve the incident scene. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to Midstream Superintendent. Notify EH&S of incident. Notify Corporate Development Spokesperson. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. Midstream Superintendent If discover incident: • Assess the scene and prioritize response needs. • Call 911 and report incident - provide nature and number of injuries. • If trained, provide First Aid/CPR as necessary, until EMS arrives. Personnel should not be moved unless the location is life threatening. • Secure the scene/location, as necessary. - Preserve the incident scene. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to Midstream Area Operations Manager. Notify EH&S of injury status. Notify Corporate Development Spokesperson. Notify public/city official as necessary. Pipeline Emergency Response Checklist Chesapeake Energy 16 Coordinate and oversee third party contractor, if needed, and establish action plan. • Approve, oversee, and release third party contractor upon completion of action plan. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. Completion/Production Superintendent If discover incident: • Assess the scene and prioritize response needs. • Call 911 and report incident - provide nature and number of injuries. • If trained, provide First Aid/CPR as necessary, until EMS arrives. Personnel should not be moved unless the location is life threatening. • Secure the scene/location, as necessary. - Preserve the incident scene. Debrief First Responder. If necessary, assume Command of scene until Midstream Superintendent arrives. Reassess and verify site conditions. Report incident to Midstream Superintendent. Notify EH&S of injury status. Coordinate and oversee third party contractor, if needed, and establish action plan. • Approve, oversee and release third party contractor upon completion of action plan. Monitor and determine off-site impact. Brief and relinquish command of scene to Midstream Superintendent upon his/her arrival. Midstream Area Operations Manager Verify the implementation/completion of emergency response checklist. If necessary, assume Command of scene. • Reassess and verify site condition. • Coordinate third party contractor and establish action plan. - Approve, oversee and release third party contractor upon completion of the action plan. Notify Corporate Response Team of the incident. Notify/update Corporate Development Spokesperson of incident. Coordinate family and/or Designated Company Representative notification of injury status following Corporate Response Team guidelines. Verify OSHA notification of incident. EH&S Field Representative/EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures at direction of Incident Commander. Notify the Pipeline Regulatory Compliance Manager of incident. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of injury status. Notify OSHA if incident meets reportable parameters. Assist with site security measures at direction of Incident Commander. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. Pipeline Emergency Response Checklist Chesapeake Energy 17 EH&S Advisor Notify appropriate regulatory agency of environmental impact. Pipeline Regulatory Compliance Manager Manage Operator Qualification parameters. Coordinate with appropriate regulatory agency notification of DOT reportable incident. Risk Manager Verify employee status with Human Resources. Manage Workers Compensation for Chesapeake employee(s). Notify insurance carrier of incident. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Pipeline Emergency Response Checklist Chesapeake Energy 18 Spill and/or Release On-Site Personnel or Contract Employee Assess the scene and prioritize response needs. Evacuate non-critical personnel, or all, from the immediate area and account for personnel. Call your Supervisor and report incident, indicate: • Potential or status of product traveling off Chesapeake location. • Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Fire/Explosion Emergency Checklist as necessary. Secure the scene/location, as necessary. • Isolate all sources of ignition and the release source, if applicable. • Initiate product containment techniques such as dikes, diversion, or catchment basin. Report incident to Midstream Foreman. Provide information for First Report of Incident and additional documentation. Midstream Construction Foreman If discover incident: • Assess the scene and prioritize response needs. • Evacuate non-critical personnel, or all, from the immediate area and account for personnel. • Call your Supervisor and report incident, indicate: - Potential or status of product traveling off Chesapeake location. - Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Fire/Explosion Emergency Checklist as necessary. • Secure the scene/location, as necessary. - Isolate all sources of ignition and the release source, if applicable. - Initiate product containment techniques such as dikes, diversion, or catchment basin. Note: Activate Medical and/or Fire and/or Explosion Emergency Checklist(s) as necessary. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to Midstream Superintendent. Notify EH&S of incident. Notify Corporate Development Spokesperson of incident. Coordinate and oversee, third party contractor, and establish action plan. • Approve, oversee and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. Pipeline Emergency Response Checklist Chesapeake Energy 19 Contact/coordinate Emergency Response Contractor. Contact/coordinate Equipment Contractors. Midstream Superintendent If discover incident: • Assess the scene and prioritize response needs. • Evacuate non-critical, or all, personnel from the immediate area and account for personnel. • Call your Supervisor and report incident, indicate: - Potential or status of product traveling off Chesapeake location. - Incident magnitude, evacuated area, and the location of the assembly area(s). Note: Activate Medical and/or Fire/Explosion Emergency Checklist as necessary. • Secure the scene/location, as necessary. - Isolate the release source and all sources of ignition, if applicable and safe to do so. - Initiate product containment techniques such as dikes, diversion, or catchment basin from a safe distance. Note: Activate Medical and/or Fire and/or Explosion Emergency Checklist as necessary. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to Midstream Area Operations Manager. Notify EH&S of environmental impact. Notify appropriate regulatory agency of environmental impact. Notify Corporate Development Spokesperson. Notify impacted public/city officials. Coordinate third party response team and establish action plan. • Approve, oversee, and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. Completion/Production Superintendent If discover incident: • Assess the scene and prioritize response needs. • Evacuate non-critical, or all, personnel from the immediate area and account for personnel. • Call your Supervisor and report incident, indicate: - Potential or status of product traveling off Chesapeake location. - Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Fire/Explosion Emergency Checklist as necessary. • Secure the scene/location, as necessary. Pipeline Emergency Response Checklist Chesapeake Energy 20 - Isolate the release source and all sources of ignition, if applicable and safe to do so. - Initiate product containment techniques such as dikes, diversion, or catchment basin. Note: Activate Medical and/or Fire/Explosion Emergency Checklist as necessary. Debrief First Responder. If necessary, assume Command of scene until Midstream Superintendent arrives. Reassess and verify site conditions. Report incident to Midstream Superintendent. Notify EH&S of incident. Coordinate third party response team and establish action plan. • Approve, oversee, and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Monitor and manage production impacts. Determine off-site impacts to location and public. Brief and relinquish command of scene to Midstream Superintendent upon his/her arrival. Completion/Production Foreman Manage Production issues resulting from incident. Shut in wells as necessary. Monitor off-site Production impacts. Assist Midstream Foreman with Contractor coordination. Manage material hauled/disposed of as a result of the action plan. Midstream Area Operations Manager Verify the implementation/completion of emergency response checklist. If necessary, assume Command of scene. • Coordinate third party response team and establish action plan upon completion of action plan. - Approve, oversee and release third party contractor. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from DFW DPS. Notify Corporate Response Team of incident. Notify other impacted Operations of incident. Notify Oil and Gas Regulatory Agency of Incident as necessary. Facilities Engineer Provide technical support regarding construction parameters to address damage/repair. EH&S Field Representative/EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures as directed by Incident Commander. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of incident. Notify the Pipeline Regulatory Compliance Manager of incident. Assist with site security measures at direction of Incident Commander. Oversee off-site environmental waste management efforts. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. Pipeline Emergency Response Checklist Chesapeake Energy 21 EH&S Advisor Notify the appropriate regulatory agency of environmental impact. Pipeline Regulatory Compliance Manager Manage Operator Qualification parameters. Coordinate with appropriate regulatory agency notification of DOT reportable incident. Risk Manager Coordinate accommodations for displaced parties. Notify insurance carrier of incident. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Risk Manager- Direct incoming queries- Resident/civilian contact- Hotel room reservations- Insurance carrier notification- Ensure tracking of displaced residentsPRODUCTIONEmergency Response Line of CommunicationMEDICAL EMERGENCY SPILLS, RELEASES FIRES, EXPLOSIONS, WELL CONTROLDistrict Manager- On-Site Incident Commander- Coordinate operational impacts- Verify personnel’s safety- Verify action plan implemented - Contact and coordinate third party well control contractor – Boots & Coots/WC- If necessary, assume ON-SITE Incident Commander- Verify regulatory agency notificationSr. VP Production- Relieve Corporate Incident Response Coordinator- Monitor incident- Corporate Liaison- Verify insurance carrier notification- Ensure family of injured are notifiedSr. VP Corporate Development- Monitor and manage contact with Media/Media OfficialsChief Operating Officer- Monitor incident- Media responsibilities as neededAsset Manager- Provide engineering data & schematics- Provide technical support to District Manager, Drilling Engineer, Drilling Superintendent- Prepare off-set well information- Notify off-set operators- Prepare well bore informationEH&S Field Rep./EH&S Field Specialist/EH&S Advisor- Safety Officer / EH&S Liaison Officer- Coordinate Environmental/Safety efforts- Monitor Environmental/Safety impacts- Oversee off-site operations and excavation- Advisor: Report to EH&S regulatory agencyVP Operations- Corporate Incident Response Coordinator- Establish Corporate Incident Management Team- Ensure regulatory authorities contacted - Verify action plan implemented - Approve voluntary ignitionCompletion / Production Superintendent- Debrief Foreman- Assume ON-SITE Incident CommanderDuties- Document incidentOn-Site Personnel or Contract Employee- Assess the scene- Evacuate non-critical, or all personnel, to safe area- Call 911 - Secure the scene/location and account for personnel- Extinguish ignition sources- Engage emergency shutdown procedures Sr. VP Invester Relations- Monitor and manage financial impactsSr. VP Human Resources- Provide personnel and family information as needed for communication- Provide fatality notification guidanceSr. VP Drilling/VP Drilling-Monitor and manage impacts to DrillingMidstream Superintendent- Define pipeline systems- Coordinate pipeline IssuesINCIDENT OCCURSRevision No. 4 Revision Date 07-11-08Replaces: Revision No. 3Land Manager- Notify Well Partners- Prepare off-set well information- Provide ownership informationDrilling Engineer/ Manager- Provide engineering data & schematics- Prepare off-set well information- Notify off-set OperatorsCorporate Response TeamField Representatives/Civil Engineering- Staging Officer- Contact/Coordinate Equipment Contractors- Coordinate Emergency Response Vendors- Coordinate setup of Command trailerVP Regulatory Compliance- Monitor and manage regulatory impactsSr. VP Land, Legal & General Counsel- Monitor and manage legal aspects of incidentCompletion/Production Foreman- Assume ON-SITE Incident Commanderduties- Verify safety & account for Personnel - Manage production issues- Monitor off-site production impacts- Assist Field Representative with Contractor Coordination- Manage materials hauled/disposedMidstream Area Operations Manager- Manage and monitor pipeline issuesMidstream Foreman- Oversee impacted pipeline issuesPOTENTIAL IMPACTED OPERATIONSLegendCorporate Development Spokesperson- Public Information Officer- Notify impacted non-technical public/city officials- Point-of-contact for resident/civilian inquiries- Contact with Media/Media OfficialsVerbal incident notification required: Contact next person in Line of Communication until notification is made. Production Emergency Response Checklist Chesapeake Energy 1 Fire and/or Explosion On-Site Personnel or Contract Employee Assess the scene and prioritize response needs. Alert others nearby by sounding the alarm, horn, or voice command. Evacuate non-critical, or all, personnel from the area to designated assembly area. Attempt to extinguish incipient stage fire, if trained to do so. Call 911 and report incident, indicate: • Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical Spill/Release, Land/Well Control Emergency Checklist as necessary. Report incident to Completion/Production Foreman. Secure the scene/location, as necessary. • Isolate all potential ignition sources. • Engage emergency shutdown procedures and/or manually, from a safe distance, isolate fuel sources. • Account for personnel. • Preserve the incident scene. Provide information for First Report of Incident and additional documentation. Completion/Production Foreman If discover incident: • Assess the scene and prioritize response needs. • Alert others nearby by sounding the alarm, horn or voice command. • Evacuate non-critical, or all, personnel from the area to designated assembly area. • Attempt to extinguish incipient stage fire, if trained to do so. • Call 911 and report incident, indicate: - Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Well Control Emergency Checklist as necessary. • Secure the scene/location, as necessary. - Isolate all potential ignition sources. - Engage emergency shutdown procedures and/or manually, from a safe distance, isolate fuel sources. - Account for personnel. - Preserve the incident scene. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to Completion/Production Superintendent. Notify EH&S of incident. Notify Corporate Development Spokesperson of Incident. Coordinate third party contractor and establish action plan. • Approve, oversee and release third party contractor upon completion of action plan. Production Emergency Response Checklist Chesapeake Energy 2 • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Coordinate communication. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. Manage Production issues resulting from incident. Manage materials hauled/disposed of as a result of the action plan. Completion/Production Superintendent If discover incident: • Assess the scene and prioritize response needs. • Alert others nearby by sounding the alarm, horn or voice command. • Evacuate non-critical, or all, personnel from the area to designated assembly area. • Attempt to extinguish incipient stage fire, if trained to do so. • Call 911 and report incident, indicate: - Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Spill/Release Emergency Checklist as necessary. • Secure the scene/location, as necessary. - Isolate all potential ignition sources. - Engage emergency shutdown procedures and/or manually, from a safe distance, isolate fuel sources. - Account for personnel. - Preserve the incident scene. Debrief First Responder. Reassess and verify site conditions. Report incident to District Manager. Notify EH&S of environmental impact. Notify appropriate regulatory agency of environmental impact. Notify other impacted operations and public/city officials of incident. Coordinate third party contractor and establish action plan. • Approve, oversee, and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Obtain and input incident information for the First Report of Incident in the Incident Reporting and Management system. Field Representative/Civil Engineering Coordinate equipment/third party equipment contractor as directed by Incident Commander. Coordinate Emergency Response Contractor. Coordinate setup of command trailer. District Manager Verify the implementation/completion of Emergency Response checklist. If necessary, assume Command of scene. • Coordinate third party contractor and establish action plan. - Approve, oversee and release third party contractor upon completion of the action plan. Production Emergency Response Checklist Chesapeake Energy 3 • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Notify Corporate Response Team of incident. Notify other impacted Operations of incident. Notify Oil and Gas Regulatory Agency of Incident as necessary. EH&S Field Representative/EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures at direction of Incident Commander. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of incident. Assist with site security measures at direction of Incident Commander. Oversee off-site environmental response efforts. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. EH&S Advisor Notify appropriate regulatory agency of environmental impact. Risk Manager Coordinate accommodations for displaced parties. Notify insurance carrier of incident. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Production Emergency Response Checklist Chesapeake Energy 4 Medical Emergency On-Site Personnel or Contract Employee Assess the scene and prioritize response needs. Call 911 and report incident, indicate nature and number of injuries. Report incident to Completion/Production Foreman. If trained, provide First Aid/CPR as necessary, until EMS arrives. Personnel should not be moved unless the location is life threatening. - Note: Activate Fire and/or Explosion and/or Spill Release Emergency Checklist(s) as necessary. Secure the scene/location, as necessary. • Preserve the incident scene. Provide information for First Report of Incident and additional documentation. Completion/Production Foreman If discover incident: • Assess the scene and prioritize response needs. • Call 911 and report incident - provide nature and number of injuries. • If trained, provide First Aid/CPR as necessary, until EMS arrives. Personnel should not be moved unless the location is life threatening - Note: Activate Fire and/or Explosion and/or Spill Release Emergency Checklist(s) as necessary. • Secure the scene/location, as necessary. - Preserve the incident scene. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to Completion/Production Superintendent. Notify EH&S incident. Notify Corporate Development Spokesperson. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. Completion/Production Superintendent If discover incident: • Assess the scene and prioritize response needs. • Call 911 and report incident - provide nature and number of injuries. • If trained, provide First Aid/CPR as necessary, until EMS arrives. Personnel should not be moved unless the location is life threatening - Note: Activate Fire and/or Explosion and/or Spill Release Emergency Checklist(s) as necessary. • Secure the scene/location, as necessary. - Preserve the incident scene. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to District Manager. Notify EH&S of injury status. Notify Corporate Development Spokesperson. Production Emergency Response Checklist Chesapeake Energy 5 Coordinate and oversee third party contractor, if needed, and establish action plan. • Approve, oversee and release third party contractor upon completion of action plan. Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. District Manager Verify the implementation/completion of emergency response checklist. If necessary, assume Command of scene. • Reassess and verify site conditions. • Coordinate third party contractor and establish action plan. - Approve, oversee and release third party contractor upon completion of the action plan. Notify Corporate Response Team of the incident. Notify/update Corporate Development Spokesperson of incident. Coordinate family and/or designated company representative notification of injury status following Corporate Response Team guidance. Verify OSHA notification of incident. EH&S Field Representative/EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures at direction of Incident Commander. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of incident. Notify OSHA if incident meets reportable parameters. Assist with site security measures at direction of Incident Commander. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. EH&S Advisor Notify appropriate regulatory agency of environmental impact. Risk Manager Verify employee status with Human Resources. Manage Workers Compensation for Chesapeake employee(s). Notify insurance carrier of incident. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Production Emergency Response Checklist Chesapeake Energy 6 Spill and/or Release On-Site Personnel or Contract Employee Assess the scene and prioritize response needs. Evacuate non-critical personnel, or all, from the immediate area and account for personnel. Call your Supervisor and report incident, indicate: • Potential or status of product traveling off Chesapeake location. • Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Fire/Explosion Emergency Checklist as necessary. Secure the scene/location, as necessary. • Isolate all sources of ignition and the release, if applicable. • Initiate product containment techniques such as dikes, diversion, or catchment basin. Report incident to Completion/Production Foreman. Provide information for First Report of Incident and additional documentation. Completion/Production Foreman If discover incident: • Assess the scene and prioritize response needs. • Evacuate non-critical, or all, personnel from the immediate area and account for personnel. • Call your Supervisor and report incident - provide nature and number of injuries. - Potential or status of product traveling off Chesapeake location. - Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Fire/Explosion Emergency Checklist as necessary. • Secure the scene/location, as necessary. - Isolate the release source and all sources of ignition, if applicable and safe to do so. - Initiate product containment techniques such as dikes, diversion, or catchment basin. Note: Activate Fire and/or Explosion, Well Control, and/or Spill/Release Emergency Checklist(s) as necessary. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to Completion/Production Superintendent. Notify EH&S of incident. Notify Corporate Development Spokesperson of incident. Coordinate third party contractor and establish action plan upon completion of the action plan. • Approve, oversee and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Production Emergency Response Checklist Chesapeake Energy 7 Obtain and input incident information for the First Report of Incident into the Incident Reporting and Management System. Manage Production issues resulting from incident. Manage materials hauled/disposed of as a result of the action plan. Completion/Production Superintendent If discover incident: • Assess the scene and prioritize response needs. • Evacuate non-critical, or all, personnel from the immediate area and account for personnel. • Call your Supervisor and report incident, indicate: - Potential or status of product traveling off Chesapeake location. - Incident magnitude, evacuated area and the location of the assembly area(s). Note: Activate Medical and/or Fire/Explosion Emergency Checklist as necessary. • Secure the scene/location, as necessary. - Isolate the release source and all sources of ignition, if applicable and safe to do so. - Initiate product containment techniques such as dikes, diversion, or catchment basin. Note: Activate Fire and/or Explosion, Well Control, and/or Spill/Release Emergency Checklist(s) as necessary. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Report incident to District Manager. Notify EH&S of environmental impact. Notify appropriate regulatory agency of environmental impact. Notify Corporate Development Spokesperson. Notify impacted public/city officials. Coordinate third party response team and establish action plan. • Approve, oversee and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Obtain and input incident information for the First Report of Incident Reporting and Management system. Field Representative/Civil Engineering Coordinate equipment/third party equipment contractor as directed by Incident Commander. Coordinate Emergency Response Contractor. Coordinate setup of command trailer. Notify impacted landowner per Incident Commander guidance. District Manager Verify the implementation/completion of emergency response checklist. If necessary, assume Command of scene. • Coordinate third party contractor and establish action plan. - Approve, oversee and release third party contractor upon completion of the Production Emergency Response Checklist Chesapeake Energy 8 action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc. with assistance from local authorities. Notify Corporate Response Team of incident. Notify other impacted Operations of incident. Notify Oil and Gas Regulatory Agency of Incident as necessary. EH&S Field Representative/EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures as directed by Incident Commander. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of incident. Assist with site security measures at direction of Incident Commander. Oversee off-site environmental waste management efforts. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. EH&S Advisor Notify appropriate regulatory agency of environmental impact. Risk Manager Coordinate accommodations for displaced parties. Notify insurance carrier of incident. Midstream Area Operations Manager Define impacted pipeline systems. Coordinate pipeline issues. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Production Emergency Response Checklist Chesapeake Energy 9 Well Control On-Site Personnel or Contractor Assess the scene and prioritize response needs. Alert others nearby by sounding the alarm, horn, or voice command. Shutdown operating equipment and proceed to the designated assembly area. • Account for personnel. Note: Activate Medical, Fire/Explosion and/or Spill/Release Emergency Checklist as necessary. Report incident to Completion/Production Foreman. Secure the scene/location, as necessary. • Preserve the incident scene. Provide information for First Report of Incident and additional documentation. Completion/Production Foreman If discover incident: • Assess the scene and prioritize response needs. • Alert others nearby by sounding the alarm, horn, or voice command. • Shutdown operating equipment and proceed to the designated assembly area. - Account for personnel. Note: Activate Medical, Fire/Explosion and/or Spill/Release Emergency Checklist as necessary. • Secure the scene/location, as necessary. • Preserve the incident scene. Debrief First Responder(s). Assume Command of scene. Reassess and verify site conditions. Notify Completion/Production Superintendent. Notify EH&S of incident. Notify Corporate Development Spokesperson. Coordinate third party response team and establish action plan. • Approve, oversee, and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Obtain and input incident information for the First Report of Incident in the Incident Reporting and Management system. Manage production issues resulting from incident. Manage materials hauled/disposed of as a result of the action plan. Production Emergency Response Checklist Chesapeake Energy 10 Completion/Production Superintendent If discover incident: • Assess the scene and prioritize response needs. • Alert others nearby by sounding the alarm, horn, or voice command. • Shutdown operating equipment and proceed to the designated assembly area. - Account for personnel. - Note: Activate Medical, Fire/Explosions and/or Spill/Release Emergency Checklist as necessary. • Secure the scene/location, as necessary. • Preserve the incident scene. Debrief First Responder. Assume Command of scene. Reassess and verify site conditions. Notify District Manager of incident. Notify Corporate Development Spokesperson. Notify technical public/city officials. Notify EH&S Advisor of incident. Notify other impacted operations of incident. Coordinate third party response team and establish action plan. • Approve, oversee and release third party contractor upon completion of action plan. • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc., with assistance from local authorities. Obtain and input incident information for the First Report of Incident in the Incident Reporting and Management system. Midstream Superintendent Report incident to Midstream Area Operations Manager. Define pipeline systems. Coordinate pipeline issues. Midstream Foreman Oversee impacted pipeline issues. Area Operations Foreman Manage and monitor pipeline issues. Field Representative/Civil Engineering Coordinate equipment/third party equipment contractor as directed by Incident Commander. Coordinate Emergency Response Contractor. Coordinate setup of command trailer. Notify impacted landowner per Incident Commander guidance. District Manager Verify the implementation/completion of emergency response checklist. Contact and coordinate third party well control contractor – Boots & Coots/WC. If necessary, assume Command of scene. • Coordinate third party contractor and establish action plan. - Approve, oversee and release third party contractor upon completion of the action plan. Production Emergency Response Checklist Chesapeake Energy 11 • Coordinate, with Risk Management, the evacuation of surrounding homes, businesses, etc. with assistance from local authorities. Notify Corporate Response Team of incident. Notify other impacted Operations of incident. Notify Oil and Gas Regulatory Agency of Incident as necessary. EH&S Field Representative/EH&S Field Specialist/EH&S Advisor Evaluate need for additional/specialized EH&S resources. Implement site-specific EH&S measures at direction of Incident Commander. Notify the Risk Manager and EH&S Advisor or VP of Regulatory Compliance of incident. Assist with site security measures at direction of Incident Commander. Oversee off-site environmental waste management efforts. Coordinate post-incident investigation. E-mail notification of incident to designated Chesapeake employees. EH&S Advisor Notify appropriate regulatory agency of environmental impact. Asset Manager Provide engineering data & schematics. Provide technical support to District Manager, Drilling Engineer, and Drilling Superintendent. Prepare off-set well information. Notify off-set operators. Prepare well bore information. Land Manager Notify Well Partners of incident. Provide off-set well information. Provide ownership information. Drilling Engineer/Manager Provide engineering data and schematics. Prepare off-set well information. Notify off-set operations. Midstream Area Operations Manager Define impacted pipeline systems. Coordinate pipeline issues. Risk Manager Coordinate accommodations for displaced parties. Notify insurance carrier of incident. Corporate Development Spokesperson Notify impacted non-technical public/city officials. Monitor and manage contact with media. Serve as point-of-contact for resident/civilian inquiries. If you have not been trained in Crisis Communication, do not make any public or media statements. Refer all media inquiries to Corporate Development. Emergency Response Contacts Emergency Response Plan Chesapeake Energy 1 Communication Guidelines In the event of an emergency situation, clear and accurate communication is essential. During the initial stages of an emergency event, communication should always be made by phone, not e-mail. In some cases, after the initial phone calls have been made, it is necessary to communicate information to a group of persons via e-mail. When an e-mail related to an emergency event is prepared, please follow these guidelines: • The recipients in the “to” line should always be Senior VP Land & Legal & General Counsel, and VP Legal & Associate General Counsel. • The “cc” line must include those in middle and senior management for the affected geographic areas. • The “cc” line must also include essential corporate EH&S staff, including Risk Management, and our Government Relations / Public Relations Group. In order to make this easier, an e-mail group entitled “Emergency Notification” has been created. • Include “attorney-client privilege” in the subject line of the e-mail. • No non-Chesapeake persons are to be included. In the body of the e-mail, place only factual information concerning the incident that informs the team as to the event, the location, persons affected, and known pertinent facts. Do not speculate as to cause or fault. Do not make educated guesses. Do not make comments regarding impacts to family. This will ensure that the Chesapeake team can respond and address matters appropriately. Call List On the following pages, Chesapeake Emergency Response Contacts, Agency Reporting Parameters and Emergency Response Contractors are identified. The Emergency Response Contractor call sheet is a consolidated list of first call contractors for emergency response needs ranging from equipment to service providers. A representative from each organization (Drilling, Operations, Pipeline/Compression) will be assigned with updating the call sheets and distributing them to you. Upon receipt of the revisions, update your Emergency Response Plan. Emergency Response Contacts Emergency Response Plan Chesapeake Energy 2 Call Sheets The following section contains call sheets that are designed to be utilized as a consolidated, quick reference of contacts that may be needed in an emergency. • The Chesapeake Emergency Response Contacts Call Sheet identifies the individuals outlined on the Emergency Response and Line of Communication Flowchart and their contact information. • The Regulatory Agency Call Sheet identifies reporting triggers and the appropriate reporting agency contact information. • The Emergency Response Contractor Call Sheet is a consolidated list of approved first call contractors utilized for emergency response needs ranging from equipment to service providers. A representative from each Chesapeake business area (Drilling, Production, Pipeline) will update the call sheets and distribute them to you. Upon receipt of the revisions, update your Emergency Response Guide. Emergency Response Tools Emergency Response Plan Chesapeake Energy 1 Emergency Response Tools The following section contains checklists and forms that can be utilized during the response to track response milestones and relevant information. Emergency Response Tools Emergency Response Plan Chesapeake Energy 2 Site Assessment Checklist Description of Spill or Release Date/Time Spill/Release Date: Spill/Release Time: Duration: Discovery Date: Discovery Time: Reporting Individual Name: Tel. # Location of Spill/Release Latitude: Longitude: Description: Equipment Source Piping Flowline Well Unknown Stock/Flare Description: Equipment ID: Product Appearance/Description Crude Oil Saltwater Chemical Other *Description, if other: Weather/Environmental Conditions Wind direction: Wind speed: Temperature: Relative Humidity: Environmental Impact Quantity Released: Recovered: Receiving Medium Water Land Other (describe) Spill/Release Confined to Co. Property Spill/Release Outside Property ** If water, indicate extent and body of water Describe circumstances of Spill/Release Assessment of impacts and initial actions Disposal Method for recovered material Actions taken to prevent recurrence Emergency Response Tools Emergency Response Plan Chesapeake Energy 3 Safety Concerns Safety Issues Injury/injuries Fatality/fatalities Evacuation Notes Incident Report Emergency Response Plan Chesapeake Energy 1 Reporting Incidents Incidents related to environmental spills and releases, occupational injuries, fires, explosions, theft, well control events, property damage and vehicular accidents are to be reported by employees to their Supervisors. Depending on the type of incident and its relative seriousness, Supervisors will report to management, the EH&S Department, and/or regulatory agencies as necessary. Complete and submit the “First Report of Incident” within twenty-four (24) hours of the event. Instructions for using the “First Report of Incident”: Reporting Location Section You must select a company that the incident involved. Write in the office location name. Description Section A factual description of the incident is required to be written in this section. Incident Types Section Check all incident types that apply. If you select “Injury” and more than one person was injured, multiple reports must be filled out in their entirety. Write on the report “Report Related To” and other victim(s) names. Physical Location & Date of Incident Section Complete all known fields. Person Involved With Incident Section Complete all fields. Note the date and time the person involved began working on the day of the incident. If more than one person was injured, multiple reports must be filled out in their entirety. Write on the report “Report Related To” and other victim’(s) names. Immediate Action Taken Section All fields in this section are required to be completed. Release Information Section If incident involved the release of hazardous materials / chemicals, all fields are required to be completed. Incident Report Emergency Response Plan Chesapeake Energy 2 Witness Information Section Complete the witness information fields, if applicable. Reported By Section Complete all fields in this section. ! "# !""$%% & ’()%*$"""+ "" %,-%)"" -+." ($/0 %’ 1 "+# #!$ %&’(%)*( ( &((((%( ((//" //" "2"%2" $//1+2"(.$%%2" ( % % % +%( , -%) ,,.# /-/& ( ( -((%"3 / 3" $+$% ( (/-/& / 0 %%( "#’3 "#.-"$ ".-" %( "# "20 !%(%.-"’" .-"$%.-" $.-",.-". "(+".-"$1 "3 %/ ((0 (0 % 11 2 -& )( (( (’ 1 ---&#$%%! , 3 (4%((()-/(--’4 .1 .(-((%"3 / 3" $+$% .(( (( 0! (&0 ((&(--566 .-" - -(&((/(( &(- (%)((%%/ Field Notes Emergency Response Plan Chesapeake Energy 1 Notes Field Notes Emergency Response Plan Chesapeake Energy 2 Notes Field Notes Emergency Response Plan Chesapeake Energy 3 Notes Field Notes Emergency Response Plan Chesapeake Energy 4 Notes EMERGENCY CONTACT TELEPHONE NUMBERS Chesapeake Emergency Number 800-566-9306 Chesapeake East Tarrant Field Office 817-759-2450 Woody Sandlin Office: 817-709-6014 Cell: 817-727-2485 B.K. Gibson Office: 817-759-2450, x. 3217 Cell: 817-727-2486 Ron Strahan Office: 501-305-3603 Cell: 405-620-0575 City of Fort Worth EMERGENCY 911 Tarrant County Sheriff 817-884-3270 Texas Railroad Commission District 9 (Barnett Shale Gas) 940-723-2153 District 5 (Oil) 903-984-3026 EPA National Spill Response Center 800-424-8802 EPA Dallas 214-665-2222 Exhibit L Video Video will be submitted in person when the check is submitted. 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: PLANNING January 13, 2009 13 ✔ ORDINANCE Consider approval of an Ordinance for Case No. ZC-623, East Bethel Road, a zoning change from R (Retail) to SF-12 (Single Family-12) to allow the construction of a single-family home on 0.6278 acres of property located on the north side of Bethel Road, approximately 315 feet east of Denton Tap Road, and authorizing the Mayor to sign. On November 20, 2008, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners Haas, Frnka, Jett, Shute, Sangerhausen, Kittrell and Shipley voted in favor, none opposed. On December 9, 2008, Council approved this zoning change (6-1). Staff recommended APPROVAL. @ZC-623, East Bethel Rd ORD, 1-AR 1 TM 33482 2.0 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM R (RETAIL) TO SF-12 (SINGLE FAMILY-12) TO ALLOW THE CONSTRUCTION OF A SINGLE-FAMILY HOME ON PROPERTY LOCATED ON THE NORTH SIDE OF BETHEL ROAD, APPROXIMATELY 315 FEET EAST OF DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. ZC-623 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from R (Retail) to SF-12 (Single Family-12) to allow the construction of a single-family home on property located on the north side of Bethel Road, approximately 315 feet east of Denton Tap Road and being more particularly described and depicted in Exhibit “A” attached hereto and incorporated herein. 2 TM 33482 2.0 SECTION 2. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 3. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 3 TM 33482 2.0 SECTION 8. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 12/12/08) Exhibit “A” Page 1 of 2 LEGAL DESCRIPTION BEING a 27,374 square feet or a 0.6284 acre tract of land situated in the McKinney and Williams Survey, Abstract No. 79, City of Coppell, Dallas County, Texas, said tract being part of Lot 1, Block A of Creek View, Phase II, an addition to the City of Coppell, Dallas County, Texas according to the map thereof recorded in Volume 93231, Page 3950, Deed Records of Dallas County, Texas, said tract being all of a called 0.627 acre tract of land conveyed to Timothy G. and Ann H. Pletta by deed recorded in Volume 97186, Page 242, Deed Records of Dallas County, Texas, and part of Lot 1R, , Block A, Creek View, Phase II Addition as recorded in Volume 2002167, Page 64, Deed Records of Dallas County, Texas as stipulated in a Boundary Line Agreement set out in Cause No. 02-9497 executed on September 17, 2003, and being more particularly described as follows: COMMENCING at the intersection of the northeast line of Bethel Road (an 80 foot right of way) with the east line of Denton Tap Road (a variable width right of way) as shown on the said map of Lot 1R, Block A, Creek View, Phase II Addition, said point being the southwest corner of said Lot 1R and the beginning of a curve to the right with a central angle of 20°50’03”, a radius of 860.00 feet, a chord bearing of S 76°38’20” E and a chord distance of 311.00 feet; Thence, Southeasterly, with the northeast line of Bethel Road and along said curve, an arc distance of 312.72 feet to the Point of Beginning, said point established by the said Boundary Line Agreement; THENCE, N 25°27’13” E, departing the northeast line of Bethel Road and with the said agreed boundary line, a distance of 103.11 feet to a point for a corner, said point being the northeast corner of said Lot 1R, the northwest corner of the said 0.627 acre tract and in the south line of North Lake Woodlands Fifth Section as recorded in Volume 78238, Page 2026, Deed Records of Dallas County, Texas; THENCE, N 77°05’01” E, with the southeast line of the said North Lake Woodlands Fifth Section, a distance of 207.39 feet to a point for a corner; THENCE, S 11°13’54” E, with southwest line of the said North Lake Woodlands Fifth Section, a distance of 60.30 feet to a point for a corner, said point being the common north corner of said Lot 1, Block A, Creek View, Phase II and Lot 1, Block A of Creek View Addition as recorded in Volume 88116, Page 3069, Deed Records of Dallas County, Texas; THENCE, the following courses and distances with the common line of said Lot 1, Block A, Creek View, Phase II and Lot 1, Block A of Creek View Addition: - S 36°43’09” W, a distance of 14.52 feet to a point for a corner; - S 52°31’46” W, a distance of 31.92 feet to a point for a corner; Exhibit “A” Page 1 of 2 LEGAL DESCRIPTION (continued) - S 76°02’28” W, a distance of 23.40 feet to a point for a corner; - S 58°40’48” W, a distance of 35.10 feet to a point for a corner; - S 53°18’00” W, a distance of 60.03 feet to a point for a corner; - S 62°06’01” E, a distance of 20.00 feet to a point for a corner; - S 46°29’52” E, a distance of 27.02 feet to a point for a corner; - S 46°49’35” W, a distance of 40.55 feet to a point for a corner; - S13°56’06” W, a distance of 7.10 feet to a found ½ inch iron rod for a corner in the northeast line of Bethel Road, said being the beginning on a curve to the left with a central angle of 10°06’39”, a radius of 860.00 feet, a chord bearing of N 61°10’00” W and a chord distance of 146.04 feet; THENCE, Northwesterly, with the northeast line of Bethel Road and along said curve, passing at a chord distance of 146.04 feet the southeast corner of said Lot 1R, continuing in all an arc distance of 151.76 feet to the Point of Beginning. 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 13, 2009 14 ✔ REPORT Consider approval of a request to designate the bridge over Grapevine Creek on Southwestern Boulevard as "One Way Only" eastbound for a period of six months during the road reconstruction project, and authorizing a bonus to the contractor for early completion. Approval of this request will allow for safe and timely construction of the bridge during the project to widen Southwestern Boulevard from Coppell Road to the Belt Line/Denton Tap intersection. Staff recommends approval of the request. #Southwestern Blvd Bridge MEMORANDUM TO: Mayor and City Council Members FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: January 13, 2009 RE: Consider approval of a request to designate the bridge over Grapevine Creek on Southwestern Boulevard as "One Way Only" eastbound for a period of six months during the road reconstruction project, and authorizing a bonus to the contractor for early completion. This is a follow-up to the briefing on the construction challenges associated with the bridge construction on Southwestern Blvd. presented at the November 11th Council meeting. We have reviewed various construction alternatives with the design engineer that would allow at least one way traffic across the bridge during construction. As mentioned at the Council briefing, there is an increased cost associated with building the bridge one half at a time. To offset some of the increased cost, we had the design engineer review potential cost savings if the width of pavement were reduced. Southwestern is shown as a 4 lane undivided collector (C4U) on our Thoroughfare Plan. The paving width is generally 45 feet wide on C4U streets. However, most of the C4U streets in this area (Wrangler, Airline and improved portion of Southwestern) operate as C2U streets. Using more of the C2U approach to the design, the current design for Southwestern has only 2 through lanes and a center turn lane for vehicle stacking at Pinkerton Elementary. The paving width for a C2U ranges from 33 feet to 41 feet. Therefore, we are recommending that the paving width be reduced to 41 feet. The cost to reduce the paving width should result in a net cost savings of about $31,000. This is broken out as follows: 1) increase in design fee - $24,000; 2) cost savings in reduced paving width - $20,000; and 3) cost savings in reduced bridge width - $35,000. The obvious benefit to having one way east bound traffic across the bridge during construction is two-fold. One, it allows the Fire Department to meet response times when leaving from Fire Station #1. Two, it continues to allow school traffic to reach Pinkerton from two directions, thus not creating additional traffic congestion on westbound Southwestern Blvd. However, there is a cost for the safety of Fire response and access to Pinkerton. The cost to build the bridge in two phases should result in a net cost increase of $297,500. This includes a $47,500 redesign fee and a $250,000 cost increase in the actual construction of the bridge. There is also about a six week increase in design time. To summarize: The total increase in construction cost to maintain east bound traffic on Southwestern during construction is about $266,500 (+ $24,000 - $20,000 - $35,000 + $47,500 + $250,000 = $266,500) This request is a companion item to the amendment to the Halff and Associates design contract item. Staff recommends approval of the request and will be present at the Council meeting to answer questions, if needed. 1 INCH = FT. 0 400 400 200 Southwestern Blvd Closure. City of Coppell Project ST07-01, Park West Commerce Center Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-01 CLOSURE Created on: 23 December 2008 by Scott Latta Example #3: Bridge opened to two way traffic on the 190th day - Liqudated damages would be (190 - 180) x $2,000 for a total liquidated damage of $20,000.Bonus Eligibility ChartDefinition for completion and bonus eligibility is - unimpeded two way traffic on bridge$750 per day bonus for completion before 150 days$500 per day bonus for completion before 180 daysLiquidated damages of $2000 per day180 daysExample #1: Bridge opened to two way traffic on the 89th day - Bonus would be (120 - 89) x $1,500 plus (150 - 120) x $750 plus (180 - 150) x $500 for a total bonus of $84,000.Example #2: Bridge opened to two way traffic on the 130th day - Bonus would be (150 - 130) x $750 plus (180 - 150) x $500 for a total bonus of $30,000.0 days 120 days 150 days$1,000 per day bonus for completion before 120 days plus the $22,500 for days 120 through 150 plus the $15,000 bonus for days 150 through 180 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: Engineering January 13, 2009 15 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Engineering Services contract amendment in the amount of $71,500 to a contract approved on January 22, 2008 with Halff Associates, Inc.; for additional services related to the Southwestern Boulevard Infrastructure Improvements (from South Coppell Road to east of Grapevine Creek), Project #ST 07-01; and authorizing the City Manager to sign and execute any necessary documents. This contract amendment will cover the cost of redesign for building the Grapevine Creek bridge in two phases in order to maintain one-way traffic eastbound for the duration of construction. Funds are available in the Street CIP accounts for this change order. Staff recommends approval of the contract amendment. #Amend Halff Contract MEMORANDUM TO: Mayor and City Council FROM: Keith R. Marvin, P.E., Project Engineer DATE: January 13, 2009 REF: Consider approval of an Engineering Services contract amendment in the amount of $71,500 to a contract approved on January 22, 2008 with Halff Associates, Inc.; for additional services related to the Southwestern Boulevard Infrastructure Improvements (from South Coppell Road to east of Grapevine Creek), Project #ST 07-01; and authorizing the City Manager to sign and execute any necessary documents. On January 22, 2008 City Council approved a contract with Halff Associates, Inc. for the design of Southwestern Boulevard Infrastructure Improvements (from South Coppell Road to east of Grapevine Creek). The original design intent was to continue the 45-foot wide concrete paving that exists on Southwestern Boulevard from Freeport Parkway to South Coppell Road. The original design intent for the replacement of the bridge over Grapevine Creek was to close the bridge for a period of approximately four months while the existing bridge was demolished and a new one built in its place. To accommodate the traffic at Pinkerton Elementary school during the bridge closure the engineering department attempted to create an alternate route from the west by acquiring a temporary access easement across property on the north side of Airline drive and building an access road to the school. Multiple discussions with this property owner were unsuccessful. Without this alternate access the Fire Department could not support the closure of the bridge for four months. The only other feasible alternative was to construct the bridge half at a time while maintaining one- way traffic eastbound for the duration of the project. There is a companion item on your agenda tonight that would authorize this one-way only designation during construction. We discussed our options with the design consultant, and they made it clear that the bridge would require significant redesign in order to accommodate construction in two phases. The redesign associated with the bridge will require approximately six weeks to complete, and will increase their fee by $47,500. The engineers estimate that this redesign will result in an increased construction cost of approximately $250,000, and that the total construction time for the bridge will increase from four months to six months. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" In an effort to achieve some savings to offset this increase, we are recommending a decrease in the paving width to 41-feet from 45-feet. This street currently operates more as a two lane street with a center turn lane than a four lane street. This center turn lane will allow stacking in front of Pinkerton Elementary while leaving enough room for traffic to pass through safely. In order to reduce the width the engineer has requested an additional $24,000 fee to revise the plans. This reduction is estimated to result in a $55,000 savings in construction cost. The total contract amendment is for $71,500. This will allow the roadway to remain open for eastbound traffic for the duration of the project. The amount will also cover the redesign to reduce the width of the entire roadway. Staff recommends approval of the amendment to the contract with Halff Associates, Inc. in the amount of $71,500 and will be available to answer any questions at the Council meeting. AGENDA REQUEST FORM DATE: January 13, 2009 ITEM #: 16 MAYOR AND COUNCIL REPORTS A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Stover regarding the loss of The Reverend Lou Brown. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: January 13, 2009 ITEM #: 17 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: January 13, 2009 ITEM #: 18 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: January 13, 2009 Department Submissions: Item Nos. 9, 11/D, 11/E, 11/F, 11/G, 11/H, 11/I and 11/J were placed on the Agenda for the above-referenced City Council meeting by the Police Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Police Department Item Nos. 11/B, 11/C, 14 and 15 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 Item Nos. 11/K and 11/L were placed on the Agenda for the above- referenced City Council meeting by the Parks Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Parks Department Item Nos. 11/M and 11/N were placed on the Agenda for the above- referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Human Resources Department Item Nos. 11/O, 11/P, 12 and 13 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning 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 Age da and Packet for the n above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)