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CP 2012-09-11City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, September 11, 2012 KAREN HUNT TIM BRANCHEAU Mayor Mayor Pro Tem BOB MAHALIK BILLY FAUGHT Place 2 Place 5 WES MAYS MARVIN FRANKLIN Place 3 Place 6 GARY RODEN AARON DUNCAN Place 4 Place 7 CLAY PHILLIPS City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 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 consider the following items: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding Economic Development Prospects south of Airline and west of Freeport. B.Discussion regarding Economic Development Prospects north of Bethel and east Royal. Page 1 City of Coppell, Texas Printed on 9/7/2012 September 11, 2012City Council Meeting Agenda Section 551.072, Texas Government Code - Deliberation regarding Real Property. C.Discussion regarding property purchases and matters concerning property located at Northlake. Section 551.071, Texas Government Code - Consultation with City Attorney. D.Consultation regarding the License Agreement between the City of Coppell and Ronald D. Hinds and Jeanne Crandall located at 965 Gibbs Crossing. Section 551.074, Texas Government Code - Personnel Matters. E.City Manager Evaluation. 3.Work Session (Open to the Public) 1st Floor Conference Room A.Update regarding the Andrew Brown Park redesign. B.Discussion regarding the Facilities Storage Expansion. C.Discussion regarding the Oil and Gas Consultants. D.Discussion regarding NLC Committee Interests. E.Discussion of Agenda Items. Andrew Brown Redesign-Staff Memo.pdf Andrew Brown Redesign-Vision Goals Program.pdf Attachments: Regular Session (Open to the Public) 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Presentation by Chief Richardson of the Coppell Fire Department’s Life Saving Award. 7.Presentation of an award to the City of Coppell from the Texas Comptroller of Public Accounts as the recipient of the 2012 Texas Comptroller Leadership Circle Silver Member. Leadership Circle.pdf Leadership Circle 2012 memo.pdf Attachments: 8.Citizens’ Appearance 9.Consent Agenda A.Consider approval of minutes: August 28, 2012. Minutes.pdfAttachments: Page 2 City of Coppell, Texas Printed on 9/7/2012 September 11, 2012City Council Meeting Agenda B.Consider approval of an Ordinance for Case No. PD-202R-TH-1, Villas of Lake Vista, PH 2, a zoning change from PD-202-TH-1 (Planned Development-202-Townhouse-1) to PD-202R-TH-1 (Planned Development-202 Revised-Townhouse-1), to allow 39 single-family lots and (5) five common area lots to replace 62 townhome lots and (8) eight common area lots on 9.3 acres of property located on the south side of Lake Vista Drive, approximately 970 feet east of North MacArthur Boulevard and authorizing the Mayor to sign. Ordinance.pdf Exhibit A.pdf Exhibit B.pdf Exhibit C.pdf Exhibit D.pdf Attachments: C.Consider approval of an Ordinance for Case No. PD-229R2-LI, Minyard Addition, a zoning change from PD-229-LI (Planned Development-229-Light Industrial) to PD-229R2-LI (Planned Development-229 Revision 2-Light Industrial), to allow the retention of the existing 12,500-square-foot building and to construct 252 car parking spaces and 60 trailer storage spaces with a masonry screening wall on 6.9 acres of property located at 849 Freeport Parkway and authorizing the Mayor to sign. Ordinance.pdf Exhibit A.pdf Exhibits B and C.pdf Attachments: D.Consider approval an Ordinance for Case No. PD-250R5-H, Old Town Addition (Main St) Retail/Office Cottages, Lots 2R-4R, Block A, a zoning change from PD-250-H (Planned Development-250-Historic) to PD-250R5-H (Planned Development-250 Revision 5-Historic), for three (3) retail/office cottage buildings on three (3) separate lots on 0.35 acres of property located on the northwest corner of Main Street and Houston Street and authorizing the Mayor to sign. Ordinance.pdf Exhibit A.pdf Exhibit B.pdf Exhibit C.pdf Exhibit D.pdf Attachments: E.Consider approval of an Ordinance for Case No. PD-250R6-H, Old Town Addition (Main St) Retail/Restaurant, Lot 1R, Block D, a zoning change from PD-250-H (Planned Development-250-Historic) to PD-250R6-H (Planned Development-250 Revision 6-Historic), for a 5,034-square-foot retail/restaurant building on 0.19 acres of property located on the southwest corner of West Main Street and Houston Page 3 City of Coppell, Texas Printed on 9/7/2012 September 11, 2012City Council Meeting Agenda Street and authorizing the Mayor to sign. Ordinance.pdf Exhibit A .pdf Exhibit B.pdf Exhibit C.pdf Exhibit D - Elevations (2 Pages).pdf Attachments: F.Consider approval of entering into Professional Services Agreements with David Lunsford, Cibola Venture Services, to provide application review and inspections for oil and gas drilling, and with Kenneth S. Tramm, Modern Geosciences, to provide testing, monitoring activities. Both consultants will also review the regulations of Article 9-26, “Oil and Gas Drilling” of the Coppell Code of Ordinances. Council Memo.pdf Statement of Qualifications Moderrn Geosciences .pdf Consulting Agreement Modern Geosciences.pdf Resume of David Lunsford. pdf.pdf Consulting Agreement CVS.pdf Attachments: G.Consider approval of an Ordinance abandoning the City’s rights to two 15’ x 20’ drainage easements, a portion of a 20’ utility easement, and a 50’ construction easement in conjunction with the Ridgecrest Subdivision at the northeast corner of Lodge and Sandy Lake and as further described in Exhibits “A”, “B”, “C”, and “D” attached hereto; reserving all existing easement rights of others if any, whether apparent or non-apparent, aerial, surface, underground or otherwise; providing for the furnishing of a certified copy of this Ordinance for recording in the Real Property Records of Dallas County, Texas as a quitclaim deed; and authorizing the Mayor to sign and execute any necessary documents. Drainage Easement Abadonment Memo.pdf Drainage Easement Abadonment Exhibit.pdf Drainage Easement Abandonment Ordinance.pdf Attachments: H.Consider approval to award Bid Q-0812-01 for the Facilities Storage Expansion at the existing City Service Center on South Coppell Road to Copper Mountain Construction in the amount of $165,000.00 as budgeted; and authorizing the City Manager to sign and execute any necessary documents. Facilities Storage Memo.pdf Facilities Storage Bid Tab.pdf Facilities Storage Exhibit.pdf Facilities Storage Contract.pdf Attachments: I.Consider approval to replace the Facility Alerting System in 4 Fire Page 4 City of Coppell, Texas Printed on 9/7/2012 September 11, 2012City Council Meeting Agenda Department buildings, as approved in the 2011-12 budget, for the amount of $59,990.14, by Affiliated Computer Services (ACS), via Interlocal Purchasing agreement with the City of Carrolton. Project Estimate.pdf Station 121 Audio Spec.pdf Station 122 Audio Spec.pdf Station 123_Training Audio Spec.pdf Fire Training Radio Spec.pdf Attachments: End of Consent Agenda 10.Consider approval of an Ordinance approving and adopting the budget for the City of Coppell, Texas for the Fiscal Year of October 1, 2012 through September 30, 2013, and authorizing the Mayor to sign. Budget Adoption Ordinance 12-13.pdfAttachments: 11.Consider the approval of the property tax revenue increase as reflected in the 2012-13 Annual Operating Budget. Revenue Ratification Cover Page 12-13.pdfAttachments: 12.Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2012 at $.67046 on each One Hundred Dollars ($100) assessed value of taxable property of which $.46571 is for operations and maintenance and $.20475 is for interest and sinking, and authorizing the Mayor to sign. Tax Rate Ordinance 12-13.pdfAttachments: 13.PUBLIC HEARING: Consider approval of the Minyard Addition, Lot 4R1, Block 1, Replat, to relocate and abandon various fire lane easements to permit the retention of the existing 12,500-square-foot building and to construct 252 car parking spaces and 60 trailer storage spaces with a masonry screening wall on 6.9 acres of property located at 849 Freeport Parkway. Staff Report.pdf Replat.pdf Attachments: 14.PUBLIC HEARING: Consider approval of Case No. PD-214R6-C, Arbor Manor Retail (Jersey Mikes), a zoning change request from PD-214R5-C (Planned Development-214 Revision 5-Commercial) to PD-214R6-C (Planned Development-214 Revision 6-Commercial), to allow an additional 1,500-square-foot restaurant within the retail building proposed to be constructed on 1.5 acres of property located at 143 S. Denton Tap Road, approximately 155 feet north of West Braewood Drive. Page 5 City of Coppell, Texas Printed on 9/7/2012 September 11, 2012City Council Meeting Agenda Staff Report.pdf SitePlan.pdf Floor & Sign Plan.pdf Attachments: 15.PUBLIC HEARING: Consider approval of Case No. PD-228R4-HC, Vista Ridge Retail Amended, Lot 3R, Block A, (Elite Care), a zoning change request from PD-228-HC (Planned Development-228-Highway Commercial) to PD-228R4-HC (Planned Development-228 Revision 4-Highway Commercial), to attach a Detail Plan to Lots 3 and 4 to allow a 14,000-square-foot medical facility on approximately 1.8 acres of property located on the north side of S.H. 121 approximately 400 feet east of Denton Tap Road. Staff Report.pdf Rendering.pdf Sign Package.pdf Site Plan.pdf Landscape Plan (2 pages).pdf Elevations (2 pages).pdf Attachments: 16.PUBLIC HEARING: Consider approval of the Vista Ridge Retail Amended, Lot 3R, Block A, Replat, being a replat of Lots 3 and 4, Block A into Lot 3R, of the Vista Ridge Retail Addition to establish necessary easements and fire lanes to allow a 14,000-square-foot medical facility on approximately 1.8 acres of property located on S.H. 121 approximately 400 feet east of Denton Tap Road. Staff Report.pdf Replat.pdf Attachments: 17.PUBLIC HEARING: Consider approval of CASE NO. PD-238R2-HC, Coppell Office Village, a zoning change request from PD-238R-HC (Planned Development-238 Revised-Highway Commercial) to PD-238R2-HC (Planned Development-238 Revision 2-Highway Commercial), to revise the Detail Site Plan to allow the existing 40-square-foot monument sign to be externally illuminated with a four-foot bronze fixture with white florescent lighting in lieu of the existing internal LED lighting on property located at 225 East S.H. 121. Appeal letter.pdf Staff Report.pdf Proposed monument sign (5 pages).pdf Sign Approved with Original PD .pdf Attachments: 18.Consider approval of an Engineering Services contract with Verdunity, Inc. in the amount of $67,695.00 for the design of Southern Belle Drive; Page 6 City of Coppell, Texas Printed on 9/7/2012 September 11, 2012City Council Meeting Agenda as provided for by the ¼ Cent Sales Tax for Street Maintenance; and authorizing the City Manager to sign and execute any necessary documents. Design Contract Southern Belle Memo.pdf Design Contract Southern Belle Exhibit.pdf Design Contract Southern Belle.pdf Attachments: 19.Consider approval of a Resolution approving the terms and conditions of an Interlocal Agreement between the City of Carrollton and The City of Coppell where the City of Carrollton agrees to provide detention services for all detainees of the City of Coppell Police Department at an agreed upon price not to exceed $100.00 per detainee for the first 48 hours of detention; and authorizing the Mayor to sign. Interlocal Agreement.pdf Resolution.pdf Attachments: City Manager Reports 20.Project Updates and Future Agendas. 21.Mayor and Council Reports A.Report by Mayor Hunt regarding Metroplex Mayors’ Meeting. B.Report by Mayor Hunt regarding the Plaza Music Series. 22.Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 23.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, 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 7th day of September, 2012, at _____________. ______________________________ Christel Pettinos, City Secretary Page 7 City of Coppell, Texas Printed on 9/7/2012 September 11, 2012City Council Meeting Agenda PUBLIC NOTICE - 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 makes 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). Page 8 City of Coppell, Texas Printed on 9/7/2012 PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: September 11, 2012 To: Mayor and City Council From: Brad Reid, Director Re: Update regarding the Andrew Brown Park redesign. Background: The Community Wellness and Enrichment Strategy identified within the Coppell Vision 2030 Strategic Planning document includes several goals related to a possible redesign and renovation of the Andrew Brown Park System. Andrew Brown Parks East and West are arguably the most heavily used parks in the Coppell system and certainly the parks with which most residents identify. These parks are beginning to show their age due to being some of the first parks developed in the community. City staff has begun to receive complaints that the facilities at the parks are no longer up to standard and need to be updated. While this sentiment is true, simply replacing the elements in the current configuration may cause us to miss opportunities to fulfill several identified goals of the 2030 Strategic Vision. The first goal under the Community Wellness and Enrichment Strategy is to create and enhance community gathering places, which includes objectives to "enhance parks as destination for sports", namely Andy Brown, and "enhance Andy Brown East with a variety of venues for events and passive recreation and enjoyment for picnics and gatherings." Goal three (3) is to expand cultural arts amenities and opportunities, which contains the objective to "develop outdoor performing arts venues for major productions." The possibility of fulfilling this goal at Andrew Brown Park, at least partially, should be explored. In an attempt to avoid the potential of missing opportunities in the development/redevelopment of this vital park, the consultant firm of Dunaway Associates has been commissioned to guide the city through the creation of a new conceptual plan for the park. They have established an existing conditions review and site analysis, received initial community input, performed benchmarking comparisons with parks in other communities, produced a vision statement, goals and program elements for the park, and developed preliminary conceptual ideas. They are now in the process of receiving input regarding the park program and conceptual ideas. This review will be done with the Park Board on September 10, with the City Council on the September 11 and with the community in the coming weeks. From the input received, a final conceptual plan will be developed and related estimated construction costs assigned to the various elements. It is estimated that the final touches to the plan will be made during October with final graphics and presentations forthcoming in November. City Council Action requested: No formal action is required at this time. Staff is anticipating input and responses from the Mayor and Council regarding the direction of the plans at this point. Staff Recommendation: N/A Andy Brown Parks will be aild k dhihddi icommunity landmark and cherished destinationwhere Coppell citizens enjoycivic celebrations yearround recreationcivic celebrations, year-round recreation,and the beautiful natural environmentVisionVision Goals to fulfill the Vision:•Cultivate a hometown feel and sense of community•Cultivate a hometown feel and sense of community •Feature seasonal events and community gatherings•Offer a balanced mix of passive and active recreationOffer a balanced mix of passive and active recreation•Preserve the natural beauty and setting along Denton CreekGoalsGoals Program: •Enhanced / Signature Entries & Gateways•Hard Surface Trails•Architectural Theming•Enhanced Parking / Layout•Great Lawn / Event Gatherings•Open Space / Passive Play•Soft Surface Trails•Trailheads / Rest Points / Trail Shelters•Trail Crossings / Connections(pedestrian bridges, boardwalks,•Performance Plaza / Stage Pad•Café / Patio Destination•Grand Pavilion•Group Picnic Pavilionslow water crossings, etc.)•Signage / Wayfinding•Distance Markers•Interpretive / Educational Signage•Interactive Water / Sprays•Secondary Playgrounds•Public Art•Enhance Lakes•Reconfigure / Relocate Sports Venues•Restroom / Concession Facilities•Grounds Enhancement (landforms, plantings, etc.)•Waterfront / Creek Overlooks•Fountains / Sprays•Fishing Piers•Docks / Boat Access•Tree Plantings /Shade•Aquatic Plantings / Edge Stabilization(paddleboats, canoes, kayaks, etc.)•Boardwalk(s)ProgramProgram Memorandum Date: September 11, 2012 To: Mayor and Council From: Jennifer Miller, Director of Finance Reference: Texas Comptroller Leadership Circle 2012 Government Transparency The Comptroller of Public Accounts launched the Texas Comptroller Leadership Circle program in December 2009 to recognize local governments across Texas that are striving to meet a high standard for financial transparency online. They are spotlighting those local governments that are: opening their books to the public providing clear, consistent pictures of spending sharing information in a user-friendly format that lets taxpayers easily drill down for more information. The Comptroller awards Leadership Circle designees with a certificate reflecting their Circle Award level: Gold, Silver or Bronze. “Gold” highlights those entities that are setting the bar with their transparency efforts. “Silver” encourages those who are making progress. “Bronze” inspires those who are just beginning their transparency efforts. Transparency is a broad term that, quite literally, means something that can be seen through. When talking about transparency in terms of government spending, the Comptroller is referring to a government opening its books to the public so that taxpayers can see exactly where their money is going. Transparency ensures that taxpayer dollars are spent efficiently by ensuring all decisions are made in the open and on the record. Transparency means that citizens can review and question policymakers' decisions, examine documents, root out inefficiencies and hold officials accountable for the way tax dollars are spent. Through the efforts of Cayce Lay, Budget Coordinator, Allana Lamberth, Seni or Administrative Technician, and Sharon Logan, Community Information Officer, the City of Coppell recently received a silver designation in the Texas Comptroller Leadership Circle. This is the initial submittal in the program and efforts will be made to reach “gold” where Coppell will be considered an entity that is setting the bar by our transparency efforts. 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, August 28, 2012 KAREN HUNT TIM BRANCHEAU Mayor Mayor Pro Tem BOB MAHALIK BILLY FAUGHT Place 2 Place 5 WES MAYS MARVIN FRANKLIN Place 3 Place 6 GARY RODEN AARON DUNCAN Place 4 Place 7 CLAY PHILLIPS City Manager Karen Hunt;Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;Billy Faught;Marvin Franklin and Aaron Duncan Present 8 - Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney David Dodd. The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 28, 2012, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Hunt called the meeting to order, determined that a quorum was present, and convened into Executive Session at 5:45 p.m. Councilmember Duncan arrived prior to convening Executive Session. Mayor Pro Tem Brancheau arrived during Executive Session. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.087, Texas Government Code - Economic Development Negotiations. A.Discussion regarding economic development prospects north of Hackberry and east of Belt Line. Discussed under Executive Session Page 1City of Coppell, Texas August 28, 2012City Council Minutes B.Discussion regarding economic development prospects north of Bethel Road and east of Royal Lane. Discussed under Executive Session Section 551.072, Texas Government Code - Deliberation regarding Real Property. C.Discussion regarding property purchases and matters concerning property located at Northlake. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned Executive Session at 6:33 p.m. and convened into Work Session at 6:35 p.m. A.Discussion regarding the Jail Consolidation Initiative. B.Presentation on Retail and Restaurant Recruitment. C.Update regarding the Sign Ordinance Project. D.Update on the Residential Redevelopment and Housing Inventory. E.Discussion of Agenda Items. Presented in Work Session Regular Session (Open to the Public) Mayor Hunt recessed the Work Session at 7:16 p.m. and reconvened into Regular Session. Invocation 7:30 p.m.4. Pastor Dale Patterson with Hackberry Creek Church gave the Invocation. Pledge of Allegiance5. Mayor Hunt led those present in the Pledge of Allegiance. 6.Swearing in of Deputy City Manager. Mayor Hunt swore in Deputy City Manager Mike Land. 7.Consider approval of a proclamation naming September 2012 as “Fall Prevention Awareness Month;” and authorizing the Mayor to sign. Mayor Hunt read the proclamation into the record and presented the same to Candy Wade and Tom Polston. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Page 2City of Coppell, Texas August 28, 2012City Council Minutes Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Citizens’ Appearance8. Mayor Hunt asked for those who signed up to speak: 1) Thomas Burrows, 138 Wynnpage Dr., thanked Council for their work in the community. 2) Thomas Burrows, 138 Wynnpage Dr., thanked Michael Arellano for his Code Enforcement work. 3) Thomas Burrows, 138 Wynnpage Dr., spoke in regards to working with KCB and cleaning up local areas. Consent Agenda9. A.Consider approval of minutes: August 14, 2012. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve items A-G on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - B.Consider approval of a contract for the renewal of the Dallas County Health Services Interlocal Agreement, effective October 1, 2012 through September 30, 2013, in the amount of $3,131.00; and authorizing the Mayor to sign and execute any necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve items A-G on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - C.Consider approval of an Ordinance appointing a Presiding Municipal Judge and Alternate Municipal Judges of the Coppell Municipal Court of Record No. 1 of the City of Coppell; authorizing the Mayor to sign; and consider approval of contracts for the Presiding Judges and Alternate Municipal Judges; and authorizing the City Manager to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve items A-G on the Consent Agenda. The motion passed by an unanimous vote. Page 3City of Coppell, Texas August 28, 2012City Council Minutes Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2012-1315 D.Consider approval of an Economic Development Agreement by and between the City of Coppell and Shannon & Andree Limited Partnership, and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve items A-G on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - E.Consider approval of awarding a contract to Brinson Benefits, Inc. for benefits consulting and other related services in the amount of $80,514.00 and authorizing the City Manager to sign all necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve items A-G on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - F.Consider approval of awarding the renewal Organ Transplant Coverage to National Union Fire Insurance in the amount of $53,477.00 and authorizing the City Manager to sign all necessary documents. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve items A-G on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - G.Consider approval of accepting the resignation of Eric Dillie from Keep Coppell Beautiful. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, to approve items A-G on the Consent Agenda. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Page 4City of Coppell, Texas August 28, 2012City Council Minutes End of Consent Agenda 10.PUBLIC HEARING: To receive public comment concerning the proposed 2012-13 budget for the Coppell Crime Control and Prevention District. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) Thomas Burrows, 138 Wynnpage Dr., spoke in favor and against the item. A motion was made by Mayor Pro Tem Tim Brancheau, seconded by Councilmember Gary Roden, to close the Public Hearing and approve this item. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 11.Consider approval of the proposed 2012-2013 Budget for the Coppell Crime Control and Prevention District. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Mayor Pro Tem Tim Brancheau, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 12.PUBLIC HEARING: To receive public comment concerning the proposed 2012-13 Municipal Budget. Presentation: Jennifer Miller, Director of Finance, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Wes Mays, to close the Public Hearing. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Page 5City of Coppell, Texas August 28, 2012City Council Minutes 13.Consider approval of TCPN Contract #R5101 with Weatherproofing Technologies, Inc. in the amount of $593,526.90 for the removal, rehabilitation, and installation of all necessary construction components to Facilities Rooftop Infrastructure as a result of the hail damage; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Sheri Moino, Facilities Manager, made a presentation to Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 14.Consider approval of a quote from H&G Systems, Inc., in the amount of $75,000.00, for the replacement of water heating boilers at the Coppell Aquatic and Recreation Center; and authorizing the City Manager to sign the necessary documentation. Presentation: Brad Reid, Director of Parks and Recreation, made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 15.Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell by amending Article 5-2 ("Court Costs and Fees") of Chapter 5 ("The Municipal Court of Record") by adding Section 5-2-5, imposing a Juvenile Case Manager fee as a cost of court, creating a Municipal Court Juvenile Case Manager Fund, and designating the uses for the said fund as hereinafter set forth; providing a severability clause; providing an effective date. Presentation: Vivyon Bowman, Director of Human Resources, and Marian Moseley, Municipal Judge, made presentations to Council. A motion was made by Councilmember Billy Faught, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: ORD 2012-1316 Page 6City of Coppell, Texas August 28, 2012City Council Minutes City Manager Reports16. Project Updates and Future Agendas. Read and Filed City Manager Clay Phillips gave a status update on the West Nile Virus spraying by Dallas County. Everything went as planned with two sprayings over Coppell. Also, the City closed on the 265 Parkway Blvd. property on September 28th. Mr. Phillips has begun conversations with the existing tenants regarding their leases. There will be a Joint City Council Meeting with the Economic Development Committee and the Planning and Zoning Commission on September 5th at 6pm at the Fire Station #3 Training Room. Finally, on the next agenda, Council will be voting on the adoption of the budget and certification of the tax roles. This item will not be a Public Hearing. Mayor and Council Reports17. Report by Mayor Hunt regarding upcoming Fall events. Read and Filed Mayor Hunt reported on the upcoming Fall events. The Plaza Music Series will be held Saturdays in September from 7pm – 9pm. The following bands will be playing: September 8 – Me and My Monkey (Beatles) September 15 – Petty Theft (Tom Petty) September 22 – Heath Webb (Texas Country) September 29 – Moving Colors (Current Pop) Oak Fest will be October 20th, from 3pm -10pm (New Extended Hours!). Emerald City Band will be playing. There will be a Haunted Mile Run sponsored by the Coppell Chamber of Commerce, face painting, Professor Brainius will be there and the Side Street Circus Performers, plus food, fun, and festivities! Also, the Chamber Golf Tournament will be held on September 10th at Riverchase Golf Course. Council Committee Reports18. A.Carrollton/Farmers Branch ISD/Lewisville ISD - Faught and Roden B.Coppell ISD - Mahalik and Mays C.Coppell Seniors - Brancheau and Faught D.Dallas Regional Mobility Coalition - Hunt E.International Council for Local Environmental Initiatives (ICLEI) - Brancheau F.Metrocrest Medical Foundation - Mahalik G.Metrocrest Family Medical Services - Mays H.Metrocrest Social Service Center - Franklin Page 7City of Coppell, Texas August 28, 2012City Council Minutes I.North Central Texas Council of Governments - Duncan J.North Texas Commission - Roden K.Senior Adult Services - Franklin Read and Filed A. Councilmember Faught reported on CFBISD. Riverchase Elementary will be hosting Curriculum Night/Meet the Teacher on September 18th at 6:15pm. Barbara Bush Middle School will be closed on Labor Day. Ranchview High School will host Meet the Teacher on September 5th at 5:30pm and College Night on September 17th at 6pm. Councilmember Roden reported on LISD. School started September 27th with 52,000 students enrolled. Councilmember Roden will be attending the Annual Cities and Schools Meeting on September 20th. B. Councilmember Mays reported that school was in session at CISD, so be aware of school zones and children. The New Teacher Breakfast was held on August 14th at CMSN welcoming 140 new teachers to the district. The first football game of the season will be against the Longview Lobos at the SMU Ford Stadium on September 1st. Also, SRO James Ledet retired after 22 years with the Coppell PD and 8 years at CMSE. Officer Freeman will be the SRO at the High School with Officer Parrish on Patrol. C. Councilmember Faught mentioned some of the activities at the Senior Center: September 6th-Visit the Historic Denton Square; September 17th-Dancing with the Stars followed by a presentation by ZenZero Bakery; September 18th-Dine at Caddeaux French Restaurant; September 26th-Pot Luck/Birthday Lunch; and September 27th-Visit the Dallas Heritage Village. Ms. Ginger Kendall was named Senior of the Month. D. Mayor Hunt announced that DRMC has been off for the summer months and will be kicking off their session with a meeting in September. E. Nothing to report. F. Nothing to report. G. Councilmember Mays announced that an Open House will be held at the Clinic on September 15th at 6pm. Everyone is invited to attend. The next Board Meeting will be September 27th. H. Councilmember Franklin reported that the next Board Meeting will be September 20th. I. Councilmember Duncan announced that the new NCTCOG Board is coming on and going through the budget. He mentioned that 78% of the funding for the budget comes from Federal and State Grants while only 1% comes from Membership Dues. J. Councilmember Roden announced the next NTC Meeting will be August 29th with the Annual Member's Luncheon on September 20th. K. Councilmember Franklin reported that he attended the most recent Board Meeting and that they have secured funding from neighboring cities. Page 8City of Coppell, Texas August 28, 2012City Council Minutes Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 19. Nothing to report. Necessary Action from Executive Session20. Nothing to report. At this time, Council reconvened into Work Session at 8:59pm. Council adjourned Work Session at 9:59pm and reconvened into the Regular Session. Adjournment There being no further business to come before the City Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, Mayor ATTEST: __________________________ Christel Pettinos, City Secretary Page 9City of Coppell, Texas 1 TM 57043 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 PD-202- TH-1 (PLANNED DEVELOPMENT-202-TOWNHOUSE-1) TO PD- 202R-TH-1 (PLANNED DEVELOPMENT-202 REVISED- TOWNHOUSE-1), TO AMEND THE DETAIL SITE PLAN TO ALLOW 39 SINGLE-FAMILY LOTS AND (5) FIVE COMMON AREA LOTS TO REPLACE 62 TOWNHOME LOTS AND (8) EIGHT COMMON AREA LOTS ON 9.3 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF LAKE VISTA DRIVE, APPROXIMATELY 970 FEET EAST OF NORTH MACARTHUR BOULEVARD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANSDCAPE PLAN AND CONCEPT ELEVATIONS ATTACHED HERETO AS EXHIBITS “B”, “C” AND “D” PROVIDING FOR DEVELOPMENT REGULATIONS; 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. PD- 202R-TH-1 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 by granting a change in zoning from PD-202-TH-1 (Planned Development-202-Townhouse-1) to PD-202R-TH-1 (Planned Development-202 Revised-Townhouse-1), to amend the Detail Site Plan to allow 39 single-family lots and (5) 2 TM 57043 five common area lots to replace 62 townhome lots and (8) eight common area lots on 9.3 acres of property located on the south side of Lake Vista Drive, approximately 970 feet east of North MacArthur Boulevard for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-202R-TH-1 (Planned Development-202-Townhouse-1) is hereby approved subject to the following development regulations: A. Use regulations 1. A building or premise shall be used only for the following purposes: i. Any use permitted in the "TH-1" district, as provided in the Coppell Code of Ordinances. ii. Home occupation, as defined in the Coppell Code of Ordinances. B. Maximum height regulations - The maximum height regulations will be 35 feet at the mid-point between the eaves and dominant ridge of the hip or gable roofs. C. Area regulations, exclusive of the common area lots. 1. Minimum size of yards as shown on the Detail Site Plan, Exhibit “B” of this Ordinance. i. All garages doors shall be setback a minimum of 20 feet from the property line. a) No more than two (2) garage doors shall face the street. b) Each garage door shall be a stained wood door. ii. Side yard setbacks shall be a minimum of 5 feet, and a minimum of 10 feet adjacent to a street. iii. Rear yard setbacks shall be a minimum of 15 feet, unless adjacent to the levee, where the setback shall be a minimum of 10 feet. 3 TM 57043 2. Lot areas shall be as shown on the Detail Site Plan, Exhibit “B” of this Ordinance. i. Lot width shall be a minimum of 52 feet. ii. Lot depth shall be a minimum of 105 feet. 3. No buildings or structures shall be permitted on common lots. . D. Minimum dwelling size: 1,800 square feet, exclusive of garages, breezeways and porches. E. Maximum lot coverage: no more than 60 percent of the total lot area may be covered by the combined area of the main buildings and accessory buildings. F. Type of exterior construction. 1. At least 80 percent of the exterior walls of the first floor of all str uctures shall be of masonry construction exclusive of doors, windows, and the area above the top plate line. Each story above the first floor of a straight wall structure shall be at least 80 percent masonry exclusive of doors, windows and the area above the top plate line except: 2. Each single family dwelling shall have three of the following architectural elements: dormers, gables, recessed entries, covered porches, cupolas or towers, pillars or post, eaves, bay windows, or decorative patterns on exterior finishes. G. Tree Retribution: A Tree Removal Permit shall be required prior to the removal of any trees. 4 TM 57043 H. Homeowners Association 1. The Homeowners Association shall maintain all common areas including, but not limited to parking areas, landscaping, walls and fencing along the perimeter of the property. 2. Homeowners Association documents shall be submitted, reviewed and approved by the City in accordance with the Code of Ordinances. I. Fencing – All wood fencing on corner lots lines shall be a board-on-board fence with consistent stain and shall be maintained by the Homeowners Association. J. Alleys shall not be constructed within this development K. The sidewalks along Lake Vista Drive shall link to sidewalks within the development to provide pedestrian connectivity. L. Each lot shall have a minimum of one shade or overstory tree within the front yard. M. The cul-de-sac as depicted on the Detail Site Plan may exceed 600 length. N. Park Development Fees in the amount of $1,285 per lot shall be assessed and paid prior to the filing of the Final Plat. SECTION 3. That the property shall be developed and used in accordance with the TH- 1 (Townhouse -1) development standards under the Coppell Zoning Ordinance, except as amended in the development regulations provided herein and as indicated on the Detail Site Plan, Landscape Plan and Concept Elevations attached hereto as Exhibits “B”, “C” and “D”; and made a part hereof for all purposes, are hereby approved. SECTION 4. That the 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. 5 TM 57043 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 ($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. 6 TM 57043 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2012. APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/) EXHIBIT A Page 1 of 3 LEGAL DESCRIPTION 9.269 ACRES BEING a tract of land situated in the WILLIAM TRIMBLE SURVEY, ABSTRACT NO. 1268 and the J.H. DONALD SURVEY, ABSTRACT NO. 1696, City of Coppell, Denton County, Texas and being all of that tract of land described in Deed to WPC 2004 Coppell, L.P., as recorded in Document No. 2004-162166, Deed Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the common south line of said Lot 1 and north line of Lot 2, Block K of VISTA RIDGE, an Addition to the City of Coppell, Denton County, Texas according to the Plat thereof recorded in Cabinet F, Page 271, Plat Records, Denton County, Texas for the southeast corner of Lot 6X, Block A of VILLAS AT LAKE VISTA PHASE ONE, an Addition to the City of Coppell, Denton County, Texas according to the Plat thereof recorded in Cabinet W, Page 634, Plat Records, Denton County, Texas; THENCE Northerly, with the eastern lines of said VILLAS AT LAKE VISTA PHASE ONE Addition, the following six (6) courses and distances: North 16 degrees 35 minutes 35 seconds West, leaving the above mentioned common line, a distance of 155.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the north line of Snowshill Trail, a 50 foot right-of-way; South 73 degrees 24 minutes 25 seconds West, with said north line of Snowshill Trail, a distance of 162.29 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for the intersection of said north line with the east line of a 15 foot alley, said point being at the beginning of a non-tangent curve to the right having a central angle of 14 degrees 43 minutes 27 seconds, a radius of 150.00 feet and a chord bearing and distance of North 09 degrees 13 minutes 53 seconds West, 38.44 feet; Northerly, leaving said north line and with said east line of a 15 foot alley and said curve to the right, an arc distance of 38.55 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner; North 01 degrees 52 minutes 10 seconds West, continuing with said east line of a 15 foot alley, a distance of 292.30 feet to a 1/2 inch iron rod with a yellow plastic cap stamped EXHIBIT A Page 2 of 3 “DAA” found for the intersection of said east line of a 15 foot alley with the south line of Cotswold Lane, a 50 foot right-of-way; North 88 degrees 07 minutes 50 seconds East, leaving said east line of a 15 foot alley and with said south line of Cotswold Lane, a distance of 12.57 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner; North 01 degrees 52 minutes 10 seconds West, leaving said south line of Cotswold Lane, a distance of 75.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the south line of Lake Vista Drive, a 70 foot right-of-way, for the northeast corner of Lot 8X, Block C of the above mentioned VILLAS AT LAKE VISTA PHASE ONE Addition; THENCE Easterly, with the southern line of said Lake Vista Drive, the following four (4) courses and distances: North 88 degrees 07 minutes 50 seconds East, leaving the above mentioned eastern lines of VILLAS AT LAKE VISTA PHASE ONE Addition, a distance of 404.35 feet to a 5/8 inch iron rod with a plastic cap stamped “CARTER & BURGESS” found for corner at the beginning of a curve to the right having a central angle of 43 degrees 42 minutes 44 seconds, a radius of 615.00 feet and a chord bearing and distance of South 70 degrees 00 minutes 48 seconds East, 457.90 feet; Southeasterly, with said curve to the right, an arc distance of 469.20 feet to a 1/2 inch iron rod with a yellow plastic cap found for corner; South 48 degrees 09 minutes 26 seconds East, a distance of 341.49 feet to a 1/2 inch iron rod found for corner at the beginning of a curve to the left having a central angle of 29 degrees 25 minutes 12 seconds, a radius of 685.00 feet and a chord bearing and distance of South 62 degrees 52 minutes 03 seconds East, 347.88 feet; Southeasterly, with said curve to the left, an arc distance of 351.73 feet to a 5/8 inch iron rod with a plastic cap stamped “CARTER & BURGESS” found in the north line of the above mentioned Lot 2 for the east corner of the above mentioned Lot 1; THENCE Westerly, with the common southern lines of said Lot 1 and the northern lines of said Lot 2, the following three (3) courses and distances: EXHIBIT A Page 3 of 3 North 78 degrees 54 minutes 30 seconds West, leaving the above mentioned southern lines of Lake Vista Drive, a distance of 582.20 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner; North 89 degrees 11 minutes 34 seconds West, a distance of 305.69 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner; South 73 degrees 24 minutes 25 seconds West, a distance of 329.84 feet to the POINT OF BEGINNING and containing 9.269 acres or land, more or less. ΔΔΔDATENO.BYREVISIONSHEETPLATE NO.:DRAWNDESIGNCHECKEDDATESCALEJOB1103067J1"=50'06.18.12MWAMWAMWACITY OF COPPELLDENTON COUNTY, TEXASLEGAL DESCRIPTION - 9.269 ACRESBEING a tract of land situated in the WILLIAM TRIMBLE SURVEY, ABSTRACT NO. 1268 and the J.H. DONALDSURVEY, ABSTRACT NO. 1696, City of Coppell, Denton County, Texas and being part of Lot 1, Block K of VISTARIDGE, an Addition to the City of Coppell, Denton County, Texas according to the Plat thereof recorded in Cabinet U, Page351, Plat Records, Denton County, Texas and being more particularly described as follows:BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the common south line of said Lot 1and north line of Lot 2, Block K of VISTA RIDGE, an Addition to the City of Coppell, Denton County, Texas according tothe Plat thereof recorded in Cabinet F, Page 271, Plat Records, Denton County, Texas for the southeast corner of Lot 6X,Block A of VILLAS AT LAKE VISTA PHASE ONE, an Addition to the City of Coppell, Denton County, Texas accordingto the Plat thereof recorded in Cabinet W, Page 634, Plat Records, Denton County, Texas;THENCE Northerly, with the east line of said VILLAS AT LAKE VISTA PHASE ONE Addition, the following six (6)courses and distances:North 16 degrees 35 minutes 35 seconds West, leaving the above mentioned common line, a distance of 155.00 feet toa 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the north line of Snowshill Trail, a 50 footright-of-way;South 73 degrees 24 minutes 25 seconds West, with said north line of Snowshill Trail, a distance of 162.29 feet to a 1/2inch iron rod with a yellow plastic cap stamped “DAA” found for the intersection of said north line with the east lineof a 15 foot alley, said point being at the beginning of a non-tangent curve to the right having a central angle of 14degrees 43 minutes 27 seconds, a radius of 150.00 feet and a chord bearing and distance of North 09 degrees 13minutes 53 seconds West, 38.44 feet;Northerly, leaving said north line and with said east line of a 15 foot alley and said curve to the right, an arc distance of38.55 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner;North 01 degrees 52 minutes 10 seconds West, continuing with said east line of a 15 foot alley, a distance of 292.30feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for the intersection of said east line of a 15foot alley with the south line of Cotswold Lane, a 50 foot right-of-way;North 88 degrees 07 minutes 50 seconds East, leaving said east line of a 15 foot alley and with said south line ofCotswold Lane, a distance of 12.57 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found forcorner;North 01 degrees 52 minutes 10 seconds West, leaving said south line of Cotswold Lane, a distance of 75.00 feet to a1/2 inch iron rod with a yellow plastic cap stamped “DAA” found in the south line of Lake Vista Drive, a 70 footright-of-way, for the northeast corner of Lot 8X, Block C of the above mentioned VILLAS AT LAKE VISTA PHASEONE Addition;THENCE Easterly, with the south line of said Lake Vista Drive, the following four (4) courses and distances:North 88 degrees 07 minutes 50 seconds East, leaving the above mentioned east line of VILLAS AT LAKE VISTAPHASE ONE Addition, a distance of 404.35 feet to a 5/8 inch iron rod with a plastic cap stamped “CARTER &BURGESS” found for corner at the beginning of a curve to the right having a central angle of 43 degrees 42 minutes44 seconds, a radius of 615.00 feet and a chord bearing and distance of South 70 degrees 00 minutes 48 seconds East,457.90 feet;Southeasterly, with said curve to the right, an arc distance of 469.20 feet to a 1/2 inch iron rod with a yellow plastic capfound for corner;South 48 degrees 09 minutes 27 seconds East, a distance of 341.49 feet to a 1/2 inch iron rod found for corner at thebeginning of a curve to the left having a central angle of 29 degrees 25 minutes 12 seconds, a radius of 685.00 feet anda chord bearing and distance of South 62 degrees 52 minutes 03 seconds East, 347.88 feet;Southeasterly, with said curve to the left, an arc distance of 351.73 feet to a 5/8 inch iron rod with a plastic cap stamped“CARTER & BURGESS” found in the north line of the above mentioned Lot 2 for the east corner of the abovementioned Lot 1;THENCE Westerly, with the common south line of said Lot 1 and the north line of said Lot 2, the following three (3)courses and distances:North 78 degrees 54 minutes 30 seconds West, leaving the above mentioned south line of Lake Vista Drive, a distanceof 582.20 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA” found for corner;North 89 degrees 11 minutes 34 seconds West, a distance of 305.69 feet to a 1/2 inch iron rod with a yellow plastic capstamped “DAA” found for corner;South 73 degrees 24 minutes 25 seconds West, a distance of 329.84 feet to the POINT OF BEGINNING andcontaining 9.269 acres or land, more or less.P:\Projects LDD\03067\dwg\03067p.dwg, DETAILED SITE PLAN - PH 2, 8/27/2012 2:13:35 PM, chelffrich, Dowdey, Anderson & Associates, Inc., CH 1 TM 57005 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 PD-229-LI (PLANNED DEVELOPMENT-229-LIGHT INDUSTRIAL) TO PD-229R2-LI (PLANNED DEVELOPMENT-229 REVISION 2-LIGHT INDUSTRIAL), TO AMEND THE DETAIL SITE PLAN OF LOT 4R, TO ALLOW THE RETENTION OF THE EXISTING 12,500-SQUARE-FOOT BUILDING AND TO CONSTRUCT 252 CAR PARKING SPACES AND 60 TRAILER STORAGE SPACES WITH A MASONRY SCREENING WALL ON 6.9 ACRES OF PROPERTY LOCATED AT 849 FREEPORT Parkway AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR ATTACHED HERETO AS EXHIBITS “B” AND “C”, RESPECTIVELY; 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. PD-229R2- LI 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 PD-229-LI (Planned Development-229-Light Industrial) to PD-229R2-LI (Planned Development-229 Revision 2- Light Industrial), to amend the Detail Site Plan of Lot 4R, to allow the retention of the existing 12,500-square-foot building and to construct 252 car parking spaces and 60 trailer storage spaces 2 TM 57005 with a masonry screening wall on 6.9 acres of property located at 849 Freeport Parkway for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth: A. That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-502, which is incorporated herein as set forth in full and hereby republished. SECTION 3. That the Detail Site Plan and Landscape Plan, attached hereto as Exhibits “B”, and “C”, respectively, and made a part hereof for all purposes, are hereby, approved. 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 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 6. 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 7. 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. 3 TM 57005 SECTION 8. 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. SECTION 9. 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 ___________________, 2012. APPROVED: _____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 8/24/12) (13) EXISTINGPINE TREES TOREMAIN(1) EXISTINGWILLOW TOREMAIN(10) EXISTING LACEBARKELM TO REMAIN(6) EXISTINGPINE TREES TOREMAIN(3) EXISTINGLIVE OAK TOREMAINREPAIR TURFAS NEEDEDREPAIR TURFAS NEEDEDREPAIR TURFAS NEEDED6'HT. CONCRETE WALL W/SYNTHETIC STONE VENEERFACING STREET AND EIFS CAP.6'HT. CONCRETE WALL W/SYNTHETIC STONE VENEERFACING STREET AND EIFS CAP.APPROXIMATE LOCATIONOF EXISTING BERM(3) EXISTINGPINE TREES TOREMAIN(2) EXISTINGLIVE OAK TOREMAIN(1) EXISTINGLIVE OAK TOREMAIN1708 N. Griffin StreetDallas, Texas 75202Tel 214.871.0083Fax 214.871.0545Email smr@smr-la.comsmrLANDSCAPE PLANLOT 4RREMARKScontainer grown, 4.5' spread, full to basecontainer, full 24" o.c.container, full 24" o.c..solid sod, refer to notesTREESBOTANICAL NAMEJuniperus virginianaLagerstroemia indica 'Red'Taxodium distichemUlmus crassifoliaUlmus parvifoliaNOTE: ALL TREES TO HAVE STRAIGHT TRUNKS AND BE MATCHING WITHIN VARIETIESSHRUBS/GROUNDCOVERBOTANICAL NAMEIlex x 'Nellie R. Stevens'Miscanthus sinensisRosa x 'Knockout'Cynodon dactylonNOTE: Plant list is an aid to bidders only. Contractor shall verify all quantities on plan. All heightsand spreads are minimums. All plant material shall meet or exceed remarks as indicated.COMMON NAMENellie R. Stevens HollyMiscanthusKnockout Rose 'RedCommon BermudagrassQTY.243636SIZE6' ht.5 gal.5 gal.COMMON NAMEEastern Red CedarCrepe Myrtle 'Red'Bald CypressCedar ElmLacebark ElmQTY.16265295SIZE7' ht.7' ht.3" cal.3" cal.3" cal.PLANT LISTREMARKScontainer, full to basecontainer, 3-5 cane, no cross caningcontainer, 14' ht. 6' spread min.B&B, 14' ht., 5' spread straight trunkscontainer, 14' ht. 6' spread min.QUANTITYPLANT TYPESYMBOLBCCECMERCLENRSMISKOPLANT LEGENDPLANT TYPEBald CypressCedar ElmCrepe MyrtleEastern Red CedarLacebark ElmNellie R. Stevens HollyMiscanthusKnock-out Rose6.5.4.3.2.1.MAINTENANCE NOTESSOLID SOD NOTES7.6.5.4.3.2.1.LANDSCAPE NOTESFine grade areas to achieve final contours indicated. Leave areas toreceive topsoil 3" below final desired grade in planting areas and 1"below final grade in turf areas.Adjust contours to achieve positive drainage away from buildings.Provide uniform rounding at top and bottom of slopes and otherbreaks in grade. Correct irregularities and areas where water maystand.All lawn areas to receive solid sod shall be left in a maximum of 1"below final finish grade. Contractor to coordinate operations withon-site Construction Manager.Contractor to coordinate with on-site Construction Manager foravailability of existing topsoil.Plant sod by hand to cover indicated area completely. Insure edgesof sod are touching. Top dress joints by hand with topsoil to fillvoids.Roll grass areas to achieve a smooth, even surface, free fromunnatural undulations.Water sod thoroughly as sod operation progresses.Contractor shall maintain all lawn areas until final acceptance. Thisshall include, but not limited to: mowing, watering, weeding,cultivating, cleaning and replacing dead or bare areas to keep plantsin a vigorous, healthy condition.Contractor shall guarantee establishment of an acceptable turf areaand shall provide replacement from local supply if necessary.If installation occurs between September 1 and March 1, all sodareas to be over-seeded with Winter Ryegrass, at a rate of (4)pounds per one thousand (1000) square feet.The Owner, tenant and their agent, if any, shall be jointly andseverally responsible for the maintenance of all landscape.All landscape shall be maintained in a neat and orderly manner at alltimes. This shall include mowing, edging, pruning, fertilizing,watering, weeding and other such activities common to landscapemaintenance.All landscape areas shall be kept free of trash, litter, weeds andother such material or plants not part of this plan.All plant material shall be maintained in a healthy and growingcondition as is appropriate for the season of the year.All plant material which dies shall be replaced with plant material ofequal or better value.Contractor shall provide separate bid proposal for one year'smaintenance to begin after final acceptance.Contractor shall verify all existing and proposed site elements andnotify Architect of any discrepancies. Survey data of existingconditions was supplied by others.Contractor shall locate all existing underground utilities and notifyArchitect of any conflicts. Contractor shall exercise caution whenworking in the vicinity of underground utilities.Contractor is responsible for obtaining all required landscape andirrigation permits.Contractor to provide a minimum 2% slope away from all structures.All planting beds and lawn areas to be separated by steel edging.No steel to be installed adjacent to sidewalks or curbs.All landscape areas to be 100% irrigated with an undergroundautomatic irrigation system and shall include rain and freeze sensors.All lawn areas to be Solid Sod Bermudagrass, unless otherwisenoted on the drawings.1.2.3.4.5.6.7.8.9.10.NOTE:6" curb will protect landscape areas from vehicularencroachmentPERIMETER LANDSCAPERequirements: Street Frontage shall contain a 15' landscapebuffer with one (1) tree, 3" cal. 12" above ground, per 50 l.f.and 30" ht. parking lot screen: hedge or berm. Perimeterlandscape areas shall contain a 10' landscape buffer alongproperty lines with one (1) tree, 3" cal. 12" above ground, per50 l.f.North Property Line: (411 l.f.)Required(9) trees, 3" cal.South Property Line: (410 l.f.)Required(9) trees, 3" cal.East Property Line - Freeport Prky: (730 l.f.)Required(15) trees, 3" cal.West Property Line: (430 l.f.)Required(9) trees, 3" cal.INTERIOR LANDSCAPERequirements: 10% of gross parking and loading area to belandscape. One (1) tree per 400 s.f. of required landscapearea. 12% of total number parking spaces shall be plantingislands with trees.Parking Lot: 112,648 s.f.Parking Spaces: 258Required Parking Lot 11,264 s.f. (10%) (28) trees, 3" cal.NON-VEHICULAR LANDSCAPERequirements: 15% of lot not covered by buildings to belandscape open space. One (1) tree per 2500 s.f. of openspace.Total Lot Area: 300,139 s.f.Total Building Area: 10,315 s.f.Area Exclusive of Building: 289,824 s.f.Required43,473 s.f. (15%)(18) trees, 3" cal.SUMMARYTotal trees required: (88) treesTotal trees provided: (39) New Shade trees, 3" cal. (42) ornamental trees= 14 tree credits (39) Existing treesProvided(3) Existing treesProvided(0) trees, 3" cal.Provided(33) Existing treesProvided(5) trees, 3" cal.(3) Existing treesProvidedParking Lot 17,233 s.f. (29) trees, 3" cal.Provided49,797 s.f.(5) trees, 3" cal.(42) ornamental trees= 14 trees creditsLANDSCAPE TABULATIONSLOT 4RPROGRESS SET - FOR REVIEW ONLYISSUEDThese documents are NOT FOR REGULATORY APPROVAL,PERMITTING OR CONSTRUCTION.They were prepared by, or under the supervision of:Chris M. Tronzano, Tx. Lic. #2042SMR Landscape Architects, Inc.07.05.2012 1 TM 57006 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 PD-250- H (PLANNED DEVELOPMENT-250-HISTORIC) TO PD-250R5-H (PLANNED DEVELOPMENT-250 REVISION 5-HISTORIC), TO ESTABLISH A DETAIL SITE PLAN FOR THREE (3) RETAIL/OFFICE COTTAGE BUILDINGS ON THREE (3) SEPARATE LOTS ON 0.35 ACRES OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF MAIN STREET AND HOUSTON, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLANS FOR LOTS 3R & 4R, BLOCK A, AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B” “C” AND “D”; PROVIDING FOR DEVELOPMENT REGULATIONS; 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. PD-250R5- H 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 by granting a change in zoning from PD-250-H (Planned Development-250-Historic) to PD-250R5-H (Planned 2 TM 57006 Development-250 Revision 5-Historic), to establish a Detail Site Plan for three (3) retail/office cottage buildings on three (3) separate lots on 0.35 acres of property located on the northwest corner of Main Street and Houston Street on property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-250R5-H (Planned Development-250-Revision-5- Historic) is hereby approved subject to the following development regulations: a. Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance with H, Historic District, as codified in Chapter 12, Article 28A of the Coppell Code of Ordinances. b. Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance as set forth in PD-250-H, Ordinance No. 91500-A-564, which is incorporated herein as set forth in full and hereby republished. c. Three structures for the purpose of retail or office uses may be constructed on Lots 2R-4R, Block A, in substantial compliance with the Site Plan, Landscape Plan and Elevations as depicted in Exhibit B, C, and D. d. A restaurant use shall be permitted on Lot 2R, Block A. e. If the proposed building footprint or building plans are modified for Lot 2R, Block A, then prior to the issuance of a building permit for Lot 2R, Block A, a revised Site Plan, revised Elevations and a detailed Landscape Plan for Lot 2R, Block B shall be submitted and may be administratively approved by the Director of Planning. 3 TM 57006 SECTION 3. That the Site Plan for Lots 2R-4R, Block A, Detailed Landscape Plans for Lots 3R & 4R, Block A, and Elevations for Lots 2R-4R, Block A, attached hereto as Exhibits “B”, “C” and “D” made a part hereof for all purposes as development regulations, are hereby approved. SECTION 4. That the 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. 4 TM 57006 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 ($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 ___________________, 2012. APPROVED: ____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) SHEET 4 OF 30 A-004SITE PLANMAIN STREET COPPELLLOTS 2R, 3R, 4R BLOCK-AOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSMAIN ST COPPELL, TEXASDATE: 07-11-2012N 12'-0"8'-0"64'-7"8'-3 5/16"9'-11 15/16" 10'-0"12'-0"10'-0"8'-3 5/16"16'-1/4" 5'-0"24'-0"2'-0"10'-3"3'-9 1/4"18'-0"8'-0"9'-0" 2'-6"6'-0"6'-0"10'-11 15/16"12'-0"5'-11 15/16" 12'-0"12'-0"12'-0"6'-4 5/16"9'-0"3'-0"24'-0"7'-3/16"12'-0"8'-0"40'-1"24'-6"8'-3 3/8"11'-6 11/16"12'-0"9'-10 9/16"8'-3 3/8"17'-10 3/4"24'-0"5'-10 3/4"9'-0"3'-0"18'-0"8'-0"9'-0" 10'-0"6'-0"6'-0"18'-0"10'-4 11/16" 18'-0"10'-0"10'-4 11/16"5'-0"4'-6"5'-0"4'-6"ACCESS AND 20' UTILITY EASEMENT ACCESS AND 20' UTILITY EASEMENT 5' UTILITY EASEMENT5' UTILITY EASEMENT EXISTING PAVING STOPS HERE 5' X 5' UTILITY EASEMENT 5' X 5' UTILITY EASEMENT 5' X 5' UTILITY EASEMENT NEW PAVING STARTS HERE 5' 5' FIRE HYDRANT BACK PORCH FRONT PORCH WALKWAY DRIVEWAY WALKWAYPARKING SPACE ACCESSIBLE PARKING SPACE RAMP SLOPE 1:12 LANDING N 88º 12' 07" E 92.86'N 88º 12' 07" E 92.86'N 01º 47' 53" W 51.83' S 01º 47' 53" E 51.83'WALKWAY TO SLOPEUP TO FRONT PORCHPROPOSED 2 STORY BUILDING BACK PORCH FRONT PORCH WALKWAYPARKING SPACE ACCESSIBLE PARKING SPACE RAMP SLOPE 1:12 LANDING WALKWAYN 88º 12' 07" E 92.86'N 01º 47' 53" W 56.83' S 01º 47' 53" E 56.82' MAIN STREETHOUSTON ST.DRIVEWAY BACK PORCH FRONT PORCH WALKWAY DRIVEWAY WALKWAYPARKING SPACE ACCESSIBLE PARKING SPACE RAMP SLOPE 1:12 LANDING N 88º 12' 07" E 92.88'N 01º 47' 53" W 55.27' S 01º 47' 53" E 53.48' LOT-3R BLOCK-A LOT-2R BLOCK-A LOT-4R BLOCK-A WALKWAY TO SLOPEUP TO FRONT PORCHWALKWAY TO SLOPEUP TO FRONT PORCHN PROPOSED 2 STORY BUILDING PROPOSED 2 STORY BUILDING EXISTING TREE WELL EXISTING TREE WELL EXISTING TREE WELL EXISTING TREE WELL EXISTING TREE WELL NEW TREE WELL NEW TREE WELL EXISTING ISLANDEXISTING ISLAND EXISTING ISLAND EXISTING PAVINGNEW PAVINGZONING PD-250-H ZONING PD-250R4-H ZONING PD-250-H ZONING PD-250-H SCALE: 1" = 10'A SITE PLAN LOT-2R BLK.-D LOT-3R BLK.-D LOT-4R BLK.-D OWNER & PROFESSIONAl INFORMATION OWNER MAIN STREET COPPELL, LP 4956 N. O"CONNOR ROAD IRVING, TEXAS 75062 P:214-215-9400 ARCHITECT BILL PECK WILLIAM PECK AND ASSOCIATES, INC. 105 WEST MAIN ST. LEWISVILLE, TX 75057 P: 972-221-1424 SITE DATA TABLE LOT-3R BLK-A EXISTING ZONING - PD-250-H PROPOSED ZONING - PD-250R5-H PROPOSED USE- OFFICE OR RETAIL AREA OF PROPOSED USE- 0.111 ACRES BUILDING AREAS (2 STORIES): 1ST FLOOR (BUILDING FOOTPRINT) - 2,165 SQ. FT. 2ND FLOOR - 683 SQ. FT. TOTAL BUILDING FOOTAGE - 2,848 SQ. FT. FLOOR AREA RATIO - 2848 SF. / 4813 SF. = .59 BUILDING HEIGHTS (TO MAIN RIDGE OF BUILDING) : 25'-10" REQUIRED PARKING - 2848 / 300 = 9 SPACES PROVIDED PARKING - SHARED PARKING + 2 SPACES PROPOSED LOT COVERAGE - 44.98% LEGEND CITY LIGHT POLE SITE DATA TABLE LOT-2R BLK.-A EXISTING ZONING - PD-250-H PROPOSED ZONING - PD-250R5-H PROPOSED USE- OFFICE OR RETAIL AREA OF PROPOSED USE- 0.121 ACRES BUILDING AREAS (2 STORIES): 1ST FLOOR (BUILDING FOOTPRINT) - 2,357 SQ. FT. 2ND FLOOR - 1,033 SQ. FT. TOTAL BUILDING FOOTAGE - 3,826 SQ. FT. FLOOR AREA RATIO - 3,826 SF. / 5,277 SQ = .725 BUILDING HEIGHT (TO MAIN RIDGE OF BUILDING) := 31'-3 1/8" REQUIRED PARKING- 3826 / 300 = 13 SPACES PROVIDED PARKING- SHARED PARKING + 2 ON SITE PROPOSED LOT COVERAGE - 44.67% SITE DATA TABLE LOT-4R BLK.-A EXISTING ZONING - PD-250-H PROPOSED ZONING - PD-250R5-H PROPOSED USE- OFFICE OR RETAIL AREA OF PROPOSED USE- 0.116 ACRES BUILDING AREAS (2 STORIES): 1ST FLOOR (BUILDING FOOTPRINT)- 2,259 SQ. FT. 2ND FLOOR - 849 SQ. FT. TOTAL BUILDING FOOTAGE - 3,108 SQ. FT. FLOOR AREA RATIO - 3108 SF. / 5049 SF. = .61 BUILDING HEIGHTS (TO MAIN RIDGE OF BUILDING) : 30'- 1/2" REQUIRED PARKING - 3108 / 300 = 10 SPACES PROVIDED PARKING - SHARED PARKING + 2 SPACES PROPOSED LOT COVERAGE- 44.74% LANDSCAPE ARCHITECT MARC FUNDERBURK LANDPATTERNS, INC. 3624 OAK LAWN AVE. SUITE 320 DALLAS, TX 75219 T: (214) 219-3993 F: (214) 219-7005 CIVIL ENGINEER MIKE GLENN GLENN ENGINEERING 105 DECKER COURT, SUITE 910 IRVING, TEXAS 75062 P: (972) 717-5151 F: (972) 717-2176 SHEET 14 OF 30 A-201Exterior Elevations WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSMAIN ST. COPPELL, TXMAIN STREET COPPELLLOT 2R, BLOCK-AOLD TOWN ADDITIONDATE: 07-11-201231'-3 1/8" TOP OF RIDGE 20'-7 3/4" 11'-4" TOP OF PLATE 0" TOP OF SLAB 24'-4 13/16" 30 YR. COMPOSITE SHINGLE ROOF (5) EXPOSED RAFTER (2) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (2) TRIANGLE KNEE BRACKET (2) 1X HARDIE TRIM BOARD (2) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (2) HARDIE PLANK LAP SIDING (1) STONE COLUMN BASE (6) EXPOSED RAFTER TAILS (2) CAST STONE CAP (7) ROUND DOWNSPOUT (8) HALF ROUND GUTTER (8) FRONT DOOR (9) 4' 12' 4' 12' 31'-3 1/8" 24'-4 13/16" 12'-11 1/16" 3' TOP OF COL. BASE 30 YR. COMPOSITE SHINGLE ROOF EXPOSED RAFTER (2) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (2) TRIANGLE KNEE BRACKET (2) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) STONE COLUMN BASE HARDEI 1X TRIM BOARD BOARD (2) HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) LOW RAILING (2) 4' 12' 12' 10' 12' 10' 1 HOUR FIRE RATED WINDOW 1 HOUR FIRE RATED WINDOW 0" TOP OF SLAB 11'-4" 20'-4" PLT. HT. @ DORMER 31'-3 1/8" 11'-4" PLT. HT. 20'-7 3/4" 0" TOP OF SLAB 3' 30 YR. COMPOSITE SHINGLE ROOF (5) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (3) TRIANGLE KNEE BRACKET (2) HARDIE 1X TRIM BOARD (2) (8) ROUND DOWNSPOUT (6) STONE COLUMN BASE (5) 30 YR. COMPOSITE SHINGLE ROOF HARDIE 1X TRIM BAORD AROUND WINDOWS & DOORS (2) TRIANGLE KNEE BRACKET (2) HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) (1) HARDIEPLANK LAP SIDING (8) HALF ROUND GUTTER GARAGE DOOR (9) 4' 12' 12' 4' 0" TOP OF SLAB 3' TOP OF COLUMN BASE 12'-11 1/16" 24'-4 13/16" 31'-3 1/8" 30 YR. COMPOSITE SHINGLE ROOF (5) HARDIE 1X TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM BOARD (2) STONE COLUMN BASE (6) HARDIE 1X TRIM BOARD AROUND WINDOWS & DOORS (2) TRIANGLE KNEE BRACKET (2) HARDIE 1X12 TRIM BOARD (2) HARDIEPLANK LAP SIDING (1) HALF ROUND GUTTER (8) ROUND DOWN SPOUT (8) 10' 12' 12' 4' SCALE: 3/16" = 1'-0"A A201/A FRONT ELEVATION SCALE: 3/16" = 1'-0"B A201/B RIGHT ELEVATION SCALE: 3/16" = 1'-0"C A201/C REAR ELEVATION SCALE: 3/16" = 1'-0"D A201/D LEFT ELEVATION MATERIALS LEGEND 1.) SIDING PAINT COLOR SW 2844 ROYCROFT MIST GRAY 2.) TRIM PAINT COLOR SW 7006 EXTRA WHITE 3.) ACCENT COLOR SW 0032 NEEDLE POINT NAVY 4.) WINDOW MULL COLOR SW 0032 NEEDLE POINT NAVY 5.) SHINGLE COLOR CERTAINTEED INDEPENDENCE GEORGETOWN GRAY 6.) STONE COLUMN BASE RIVER ROCK 7.) CAST STONE COLUMN CAP 8.) HALF ROUND GUTTER & ROUND DOWNSPOUT COLOR : GALVANIZED 9.) FRONT, BACK AND GARAGE DOOR SW 0032 NEEDLE POINT NAVY SHEET 14 OF 30 A-201FRONT & LEFT ELEVATIONSMAIN STREET COPPELLLOTS 2R, 3R, 4R BLOCK-AOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSMAIN ST COPPELL, TEXASDATE: 07-11-201225'-10" TOP OF RIDGE 12'-4" PLT. HT. @ MAIN ROOF 3' TOP OF COLUMN BASE 0" 1ST FLR. F.F. COMPOSITE SHINGLE ROOF (5) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) CASTSTONE CAP (7) BRICK VENEER COLUMN BASE (6) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (1) HARDIEPLANK LAP SIDING (1) TAPPERED COLUMN (2) COMPOSITE SHINGLE ROOF (5) FRONT DOOR ( 9) 25'-10" TOP OF RIDGE 2'-8" TOP OF COLUMN BASE 12'-4" PLT. HT. @ MAIN ROOF 0" 1ST FLR. F.F. 20' PLT. HT @ 2ND FLR. DORMER 23'-3 7/8" TOP OF RIDGE 12'-4" TOP OF PLT. @ GARAGE 0" 1ST FLOOR F.F. 3' COMPOSITE SHINGLE ROOF (5) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (2) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) CASTSTONE CAP (7) BRICK VENEER COLUMN BASE (6) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIEPLANK LAP SIDING (1) TAPPERED COLUMN (2) (2) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (1) HARDIEPLANK LAP SIDING (2) TAPPERED COLUMN (5) COMPOSITE SHINGLE ROOF (8) HALF ROUND GUTTER (8) ROUND DOWNSPOUT HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) 25'-10" 20' TOP OF PLT. @ 2ND FLOOR DORMER 12'-4" TOP OF PLT. @ MAIN ROOF 3' TOP OF COLUMN BASE 0" 1ST FLR. F.F. COMPOSITE SHINGLE ROOF (5) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) CASTSTONE CAP (7) BRICK VENEER COLUMN BASE (6) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIEPLANK LAP SIDING (1) TAPPERED COLUMN (2) HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) GARAGE DOOR (9) 0" 1ST FLR. F.F. 12'-4" TOP OF PLT. @ MAIN ROOF 23'-3 7/8" TOP OF RIDGE 25'-10" TOP OF RIDGE 20' TOP OF PLT. @ 2ND FLR. DORMER 25'-8 11/16" TOP OF RIDGE 0" 1ST FLR. F.F. 12'-4" PLT. HT. @ MAIN ROOF 3' TOP OF COLUMN BASE (2) HARDIE 1X TRIM AROUND WINDOWS HARDIE 1X TRIM (2) (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIEPLANK LAP SIDING (1) COMPOSITE SHINGLE ROOF (5) (5) COMPOSITE SHINGLE ROOF (2) HARDIE 1X TRIM (7) CASTSTONE CAP (6) BRICK VENEER COLUMN BASE (2) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) TAPPERED COLUMN (1) HARDIEPLANK LAP SIDING (1) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (5) COMPOSITE SHINGLE ROOF HALF ROUND GUTTERS (8) ROUND DOWNSPOUT (8) (8) HALF ROUND GUTTER (2) ROUND DOWNSPOUT SCALE: 3/16" = 1'-0"A A201/A FRONT ELEVATION SCALE: 3/16" = 1'-0"B A201/B LEFT ELEVATION SCALE: 3/16" = 1'-0"C A201/C REAR ELEVATION SCALE: 3/16" = 1'-0"D A201/D RIGHT ELEVATION MATERIALS LEGEND 1.) SIDING PAINT COLOR 6.) BRICK COLUMN BASE SW 2860 SAGE ACME BRICK - ROXBURY - TEXTURE VELOUR 2.) TRIM PAINT COLOR 7.) CAST STONE COLUMN CAP SW 0050 CLASSIC LIGHT BUFF 3.) ACCENT COLOR 8.) HALF ROUND GUTTER & SW 2839 ROYCROFT COPPER RED ROUND DOWNSPOUT COLOR: GALVANIZED 4.) WINDOW MULL COLOR SW 0050 CLASSIC LIGHT BUFF 9.) FRONT , BACK & GARAGE DOORS SW 2839 ROYCROFT COPPER RED 5.) SHINGLE COLOR CERTAINTEED INDEPENDENCE WEATHERWOOD SHEET 14 OF 30 A-201EXTERIOR ELEVATIONSMAIN STREET COPPELLLOT 4R, BLOCK-AOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSMAIN ST COPPELL, TEXAS06-20-2012 30'-1/2" TOP OF RIDGE 20'-10" PLT. HT. @ 2ND STORY DORMER 11'-4" PLT. HT. @ PORCH 0" TOP OF SLAB 24 GAUGE / CONCEALED FASTENER / STANDING SEAM / METAL ROOF (10) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (1) TAPERED STONE COLUMN (6) HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) (8) HALF ROUND GUTTER (8) ROUND DOWNSPOUT COMPOSITE SHINGLE ROOF (5) WOOD RAILING (3) FRONT DOOR (9) 30'-1/2" TOP OF RIDGE 20'-4" PLT. HT @ 2ND STORY DORMER 11'-4" PLT. HT. @ PORCH 0" TOP OF SLAB 11'-4" TOP OF PLATE @ GARAGE 0" TOP OF SLAB 15'-11 13/16" TOP OF RIDGE @ GARAGE 20'-4" TOP OF PLATE @ 2ND STORY DORMER 24 GAUGE / CONCEALED FASTENER / STANDING SEAM / METAL ROOF (10) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) TAPERED STONE COLUMN (6) STONE WALL (6) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (1) HARDIE 1X12 TRIM (2) (5) COMPOSITE SHINGLE ROOF (2) TRIANGLE KNEE BRACKET (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (6) TAPERED STONE COLUMN HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) (8) HALF ROUND GUTTER (8) ROUND DOWNSPOUT CAST STONE CAP (7) LOW RAILING (2) 3' 12' 3' 12' 10' 12' 10' 12' 4' 12' 30'-1/2" 20'-10" PLT. HT. FOR 2ND FLOOR DORMER 13' TOP OF PLT. FOR MAIN ROOF 0" TOP OF SLAB 11'-4"TOP OF PLT. @ GARAGE COMPOSITE SHINGLE (5) HARDIE 1X TRIM AROUND WINDOWS (2) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (1) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (2) TRIANGLE KNEE BRACKET (2) DOWN SPOUT (8) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (1) TAPERED STONE COLUMN (6) 1X12 HARDIE TRIM (2) EXPOSED RAFTER TAILS (2) 24 GAUGE / CONCEALED FASTENER / STANDING SEAM / METAL ROOF (10) BACK DOOR (9) GARAGE DOOR (9) 11'-4" TOP OF PLT. @ GARAGE 20'-4" TOP OF PLT. 2ND FLOOR DORMER 0" TOP OF SLAB 30'-1/2" TOP OF RIDGE 0" TOP OF SLAB 20'-4" TOP OF PLT. @ 2ND FLOOR DORMER 24 GAUGE / CONCEALED FASTENER / STANDING SEAM / METAL ROOF (10) (1) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING (2) HARDIE 1X TRIM (2) EXPOSED RAFTER TAILS (1) TRIANGLE KNEE BRACKET (6) STONE WALL (7) CAST STONE CAP (2) EXPOSED RAFTER TAILS (2) HARDIE 1X TRIM AROUND WINDOWS & DOORS (2) HARDIE 1X TRIM (1) HARDIEPLANK LAP SIDING (6) TAPERED STONE COLUMN (2) HARDIE 1X12 TRIM COMPOSITE SHINGLE (5) TRIANGLE KNEE BRACKET (2) HARDIE 1X TRIM (2) HARDIEPLANK LAP SIDING (1) (1) HARDIESHINGLE STAGGERED EDGE NOTCHED PANEL SIDING HALF ROUND GUTTER (8) ROUND DOWNSPOUT (8) 3' 12' 3' 12' 10' 12' 10' 12' 4' 12' SCALE: 3/16" = 1'-0"A A201/A FRONT ELEVATION SCALE: 3/16" = 1'-0"B A201/B LEFT ELEVATION SCALE: 3/16" = 1'-0"C A201/C BACK ELEVATION SCALE: 3/16" = 1'-0"D A201/D RIGHT ELEVATION MATERIALS LEGEND 1.) SIDING PAINT COLOR 6.) TAMPERED STONE COLUMNS SW 6127 IVOIRE OKLAHOMA CHOPPED 2.) TRIM PAINT COLOR 7.) CAST STONE COLUMN CAP SW 2843 ROYCROFT BRASS 3.) ACCENT COLOR 8.) HALF ROUND GUTTER & SW7011 NATURAL CHOICE ROUND DOWNSPOUT COLOR: GALVANIZED 4.) WINDOW MULL COLOR SW7011 NATURAL CHOICE 9.) FRONT , BACK & GARAGE DOORS SW 7011 NATURAL CHOICE 5.) SHINGLE COLOR CERTAINTEED INDEPENDENCE 10.) 24 GA. STANDING SEAM / CONCEALED FASTNER COTTAGE RED METAL ROOF / COLOR - GALVALUME 1 TM 57007 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 PD-250- H (PLANNED DEVELOPMENT-250-HISTORIC) TO PD-250R6-H (PLANNED DEVELOPMENT-250 REVISION 6-HISTORIC), TO ESTABLISH A DETAIL SITE PLAN FOR A 5,034-SQUARE-FOOT A REPLICA GAS/SERVICE STATION FOR THE PURPOSE OF A RETAIL OR RESTAURANT USE ON 0.19 ACRES OF PROPERTY LOCATED ON THE SOUTHWEST CORNER OF WEST MAIN STREET AND HOUSTON STREET, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C” AND “D”; PROVIDING FOR DEVELOPMENT REGULATIONS; 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. PD-250R6- H 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 by granting a change in zoning PD-250-H (Planned Development-250-Historic) to PD-250R6-H (Planned Development- 2 TM 57007 250 Revision 6-Historic), to establish a Detail Site Plan for a 5,034-square-foot retail/restaurant building on 0.19 acres of property located on the southwest corner of West Main Street and Houston Street, on property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That PD-250R6-H (Planned Development-250-Revision-6- Historic) is hereby approved subject to the following development regulations: a. Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance with H, Historic District, as codified in Chapter 12, Article 28A of the Coppell Code of Ordinances. b. Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance as set forth in PD-250-H, Ordinance No. 91500-A-564, which is incorporated herein as set forth in full and hereby republished. c. A replica gas/service station for the purpose of a retail or restaurant use may be constructed on the property in substantial compliance with the Site Plan, Landscape Plan and Elevations as depicted in Exhibit B, C, and D. SECTION 3. That the Site Plan, Landscape Plan and Elevations, attached hereto as Exhibits “B”, “C” and “D” made a part hereof for all purposes, as developed regulations, are hereby approved. SECTION 4. That the 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. 3 TM 57007 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 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 4 TM 57007 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 ___________________, 2012. APPROVED: ____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/mpm) SHEET 5 OF 31 A-005SITE PLANMAINSTREET COPPELLRETAIL #1LOT-1R, BLOCK-DOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSCOPPELL, TEXASDATE: 07-11-2012N MAX SLOPE 1:12 MAX SLOPE 1:12MAX SLOPE 1:12 8"10'-4 3/4"6'-3 5/16"4'38'-1"10'-3 5/16"2'-11"7'-2" 10'-3 5/16" 8" 5'26'-1 7/8" 11'-3"5'-6"10'99'-2"21'-6"32'-6"44'-5 3/4" 48'-9 1/4"24'-1"32'-6"18'10'8'-6 11/16"5' 9'18'10'18' 4'-6"5'10'-4 11/16"5'4'-6"10'-4 11/16" 12'5'5'4'3' MIN.NEW RETAINING WALL 5.0' 10.0' 5.0' 10.0' UTILITY EASEMENT UTILITY EASEMENT MAIN ENTRANCE EXISTING PAVING STOPS HERE EXISTING PAVING STOPS HERE FIRE HYDRANT AUTO SPRINKLER FDC PROPOSED SINGLE STORY BRICK SRUCTURE FENCED PATIO DUMPSTER AREA PAVING HOUSTON STREET<-------- W. MAIN STREET <---------- LOT-1R BLOCK-D SIDEWALK RAMP LANDING LANDINGRAMPLANDINGRAMP PLANTING AREA 95.00' N 88º 12' 7" E37.50' N 1º 47' 53" W 27.69' N 88º 12' 7" E72.61' N 1º 47' 53" W 67.31' N 88º 12' 7" E110.11' S 01º 47' 53" W NEW TREE WELL NEW TREE WELL NEW TREE WELL NEW TREE WELL LOT-11R BLOCK - D LOT-2R BLOCK - D PROPOSED GREASE TRAP LOCATION NEW PAVINGNEW PAVING SCALE: 1" = 10'A SITE PLAN SITE LOT-1R BLK.-D SITE DATA TABLE EXISTING ZONING - PD-250-H PROPOSED ZONING - PD-250R6-H PROPOSED USE- RESTAURANT AREA OF PROPOSED USE- .194 ACRES BUILDING AREA - 5,039 SQ. FT. MAIN BUILDING - 4,062 SQ. FT. OUTDOOR PATIO - 977 SQ. FT. BUILDING HEIGHT = 18'-8" REQUIRED AND PROVIDED PARKING REQUIRED PARKING - 5039 / 100 = 50 SPACES PROVIDED PARKING - SHARED PARKING PROPOSED LOT COVERAGE -60% OWNER & PROFESSIONAl INFORMATION OWNER MAIN STREET COPPELL, LP 4956 N. O"CONNOR ROAD IRVING, TEXAS 75062 P:214-215-9400 ARCHITECT BILL PECK WILLIAM PECK & AND ASSOCIATES, INC. 105 WEST MAIN ST. LEWISVILLE, TX 75057 P: 972-221-1424 LANDSCAPE ARCHITECT MARC FUNDERBURK LANDPATTERNS, INC. 3624 OAK LAWN AVE. SUITE 320 DALLAS, TX 75219 T: (214) 219-3993 F: (214) 219-7005 CIVIL ENGINEER MIKE GLENN GLENN ENGINEERING 105 DECKER COURT, SUITE 910 IRVING, TEXAS 75062 P: (972) 717-5151 F: (972) 717-2176 SHEET 15 OF 31 A-201NORTH & EAST ELEVATIONSMAINSTREET COPPELLRETAIL #1LOT-1R, BLOCK-DOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSCOPPELL, TEXASDATE: 07-11-201218'-8" TOP OF COLUMN START OF SOLIDER COURSE 2'-4" START OF SOLIDER COURSE 0" TOP OF SLAB 16' 18' 6 121212 12 12 44 12 4 3 4 4 3 6 6 6 3 4 4 3 6 6 9999 4 8 44 3 3 8 4 13 5 5 5 5 5 1515 55 18'-8" TOP OF COLUMN 12' START OF BRICK SOLIDER COURSE 2'-4" START OF SOLIDER COURSE 0" TOP OF SLAB 16' 18' 1 2 3 4 5 6 3 4 6 8 6 9 1 4 4 4 44 4 1 1 11 1 1 1 9 9 1 2 6 2 2 2 4 4 1111 2 10 10 10 6 2 9 55 5 55 7 181818 3 3 13 3 3 3 3 19 19 19 16 OVERFLOW SCUPPER OVERFLOW SCUPPER ROOF DRAIN OUTLET ROOF DRAIN OUTLET 15 4 15 21 SCALE: 1/4" = 1'-0"B NORTH ELEVATION SCALE: 1/4" = 1'-0"A EAST ELEVATION MATERIALS LEGEND 1.) GALVANIZED METAL WALL CAP 2.) ACCENT BRICK ROW LOCK ACME BRICK - GLACIER WHITE 3.) ACCENT BRICK DETAIL ACME BRICK - GLACIER WHITE 4.) MAIN BRICK / RUNNING BIOND ACME BRICK BL 3 RUFF / CRIMSON 5.) ANGLED SHADE - GOOSENECK SIGN LIGHTING BARN LIGHT ELECTRIC / CODE: H-18107 COLOR - GALVANIZED 6.) ACCENT BRICK SOLIDER COURSE ACME BRICK - GLACIER WHITE 7.) ROLLED EDGE METAL AWNING SW - 6740 KILKENNY 8.) ACCENT BRICK / RUNNING BOND ACME BRICK - GLACIER WHITE 9.) ACCENT BRICK / STACK BOND ACME BRICK - GLACIER WHITE 10.) RECESSED SIGN LOCATION / RUNNING BOND ACME BRICK - BL 3 SMOOTH CRIMSON 11.) STROREFRONT FRAMING & GLAZING FRAME COLOR - WHITE 12.) OPERABLE FULL VIEW GARAGE DOOR & FRAME FRAME COLOR - WHITE 13.) BUILDING SIGNAGE 14.) THRU-WALL SCUPPER W/ PAINTED METAL CONDUCTOR HEAD & DOWNSPOUT COLOR - GALVANIZED 15.) PAINTED ALUMINUM BANDING COLOR - RED 16.) MAIN ENTRY DOOR COLOR - WHITE 17.) FULL LIGHT DOOR W/ TRANSOM COLOR - WHITE 18.) LAMP POST / BARN LIGHT ELECTRIC / CODE : 12P9272OR PERIOD BASIC CIRCA 1910 POST MOUNT FIXTURE COLOR - OLD RUST 19.) 36" WROUGHT IRON RAILING COLOR - BLACK 20) DOUBLE HUNG WINDOW FRAME COLOR - WHITE 21.) ENTRY SIGNAGE COLOR -BLACK SHEET 16 OF 31 A-202SOUTH AND WESTELEVATIONSMAINSTREET COPPELLRETAIL #1LOT-1R, BLOCK-DOLD TOWN ADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number: Date: Scale: Drawn: Job: REVISIONS DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITSCOPPELL, TEXASDATE: 07-11-201216' 18'18'-8" TOP OF COLUMN 12' START OF SOLIDER COURSE 0" TOP OF SLAB 2'-4" START OF SOLIDER COURSE 12 4 4 8 4 4 12 12 12 12 6 6 6 3 3 4 4 6 6 12 17 3 5 18 3 4 6 6 6 619 5 6 6 6 5 6 9 9 7 8 4 5 18'-8" TOP OF COLUMN 12' START OF SOLIDER COURSE 2'-4" START OF SOLIDER COURSE 0" TOP OF SLAB 18' 14141414 5 12 12 12 8 4 4 6 6 6 8 4 4 6 6 6 8 4 4 6 6 6 8 4 4 6 6 6 4 4 6 6 6 44 4 6 6 6 20 20 20 5555 SCALE: 1/4" = 1'-0"D A201/D SOUTH ELEVATION SCALE: 1/4" = 1'-0"C A201/C WEST ELEVATION MATERIALS LEGEND 1.) GALVANIZED METAL WALL CAP 2.) ACCENT BRICK ROW LOCK ACME BRICK - GLACIER WHITE 3.) ACCENT BRICK DETAIL ACME BRICK - GLACIER WHITE 4.) MAIN BRICK / RUNNING BIOND ACME BRICK BL 3 RUFF / CRIMSON 5.) ANGLED SHADE - GOOSENECK SIGN LIGHTING BARN LIGHT ELECTRIC / CODE: H-18107 COLOR - GALVANIZED 6.) ACCENT BRICK SOLIDER COURSE ACME BRICK - GLACIER WHITE 7.) ROLLED EDGE METAL AWNING SW - 6740 KILKENNY 8.) ACCENT BRICK / RUNNING BOND ACME BRICK - GLACIER WHITE 9.) ACCENT BRICK / STACK BOND ACME BRICK - GLACIER WHITE 10.) RECESSED SIGN LOCATION / RUNNING BOND ACME BRICK - BL 3 SMOOTH CRIMSON 11.) STROREFRONT FRAMING & GLAZING FRAME COLOR - WHITE 12.) OPERABLE FULL VIEW GARAGE DOOR & FRAME FRAME COLOR - WHITE 13.) BUILDING SIGNAGE 14.) THRU-WALL SCUPPER W/ PAINTED METAL CONDUCTOR HEAD & DOWNSPOUT COLOR - GALVANIZED 15.) PAINTED ALUMINUM BANDING 16.) MAIN ENTRY DOOR COLOR - WHITE 17.) FULL LIGHT DOOR W/ TRANSOM COLOR - WHITE 18.) LAMP POST / BARN LIGHT ELECTRIC / CODE : 12P9272OR PERIOD BASIC CIRCA 1910 POST MOUNT FIXTURE COLOR - OLD RUST 19.) 36" WROUGHT IRON RAILING COLOR - BLACK 20) DOUBLE HUNG WINDOW FRAME COLOR - WHITE Date: S To: M Thru: C From: M Re: R It is time Advisor surround However proposal • W to • E • E in Ordinan Similar t employed have rece S. Tram Professio the City employed activities as profes Fees: $ Total: $ Testing a It is ass environm Visual an Fees: $6, Total: $1 eptember 11 Mayor Hunt a Clay Phillips Marcie Diam Recommenda e once again to assist in t ding cities i r, where it i is to: With input fr o Council; Employ an En Employ a new nspection ser nce Revision to the proce d to review eived draft p m, PhD, PG onal Geologi of Fort Wo d in the Oil s. This two-p ssional opini 5,000 per co 10,000 and Monito sumed that mental testin nd Olfactory ,850 per visi 13,700 annu 1, 2012 and Councilm ond ation for Hir n to review t the impleme in terms ap is deficient rom consulta nvironmenta w Oil and G rvices. n: ess undertak our ordinan proposals fro G, CHMM ists, Mr. Lun orth, Technic and Gas Ind pronged ana ons of the re onsultant oring Activit the revised ng. Dr. Tram y (AOV) fiel it ually members ing Oil and the Oil and entation of th pplication p is with env ants, review al firm to con Gas Inspecto ken in Sout nce from both om David Lu of Modern nsford’s 35+ cal Advisor dustry. Dr. alysis will re easonablenes ties ordinance mm’s propos d inspection Gas Consult Gas Ordina he Ordinanc process, fees vironmental the current O nduct air qua or/Technical thlake, it is h an environ unsford, PG n Geoscienc + years of exp to several m Tramm’s fo esult in addi ss of the requ and permit sal is to pro n of the exist tants ance as well ce. The curr s, setback, monitoring Ordinance a ality testing l Advisor to recommend nmental and of Cibola V ces. While xperience inc municipalitie ocus is envir tional enviro uirements. t requiremen ovide air qu ting Fellowsh l as employ rent ordinan landscaping and testing and bring rev and monitor review perm ded that tw d regulatory Venture Serv both these cludes Gas W es as well a ronmental im onmental re nts will inc uality monito hip pad site a new Tech nce is on par g screening, g. Therefore visions as ne ring; and mits and pro wo consultan perspective. ices and Ken e consultant Well Inspecto as being form mpacts of dr gulations as corporate re oring and A twice per ye hnical r with , etc. , this eeded ovide nts be . We nneth ts are or for mally rilling s well egular Audio, ear. Page 2 Oil and Gas Inspector/Technical Advisor As detailed in our current Ordinance, the Oil and Gas Inspector shall review permits and provide inspection services during the drilling process. The inspector’s fees are assessed against the Operator. As established in the city’s fee schedule, the $1,500 Application Fee and $8,250 Permit Fee are collected per well. Staff is recommending Mr. Lunsford to act as the Oil and Gas Inspector, replacing Mr. Hulsey who is our current Inspector. Mr. Lunsford proposes a per-hour fee of $125 with a not to exceed for the various services, specifically: Application review: $1,500 per Application New Well Inspections: $800 per inspection (3 inspections per well-not to exceed $2,400 per well) Re-inspections: $800 per inspection Our current Consultant charges $250 to review applications and $6,000 inspection fees per well. However, Mr. Hulsey’s review of applications was limited to a brief letter that stated the application is incompliance with all applicable regulations. Mr. Lunsford is proposing a more detailed analysis including reviewing application documents for accuracy, completeness and compliance with the city’s gas well ordinance; one onsite inspection to take photos and verify existing conditions; submitting a recommendation report and one meeting with the city to review the application. Funding Since drilling activities began on the Fellowship site, the city has collected approximately $97,500 in fees from Chesapeake (does not include royalties) and have paid our consultant approximately ½ of that. There are 5 permits that have been approved by Council, but not been issued for an additional $41,250 in anticipated fees. Therefore, the $10,000 in consulting fees to update our ordinance and the semi-annual environmental monitoring ($13,700) should be fundable activities. And as stated, the Oil and Gas Inspector fees for all future activities will be funded by the operator’s application and permit fees. Recommendation Having personally interviewed both Mr. Lunsford and Dr. Tramm, being comfortable that both offer expert opinions superior to Mr. Hulsey (our current consultant) and fees collected from the Operator (Chesapeake) more than adequately covers the fees for the service of these two experts, I recommend we hire Dr. Tram to review our Ordinance and provide Environmental Services and Mr. Lunsford to also review our Ordinance and provide application review and inspection services on future wells. Attachments: Consulting Agreement and Statement of Qualifications from Kenneth S. Tramm, PhD, PG, CHMM of Modern Geosciences. Consulting Agreement and Resume of David Lunsford, PG of Cibola Venture Services STATEMENT OF QUALIFICATIONS CITY OF COPPELL, TEXAS February 29, 2012 TRUSTED Environmental Advisors Modern Geosciences was founded with one purpose — to solve environmental challenges. Kenneth S. Tramm, PhD, PG, CHMM Founding Principal To do this… We attract, retain, and cultivate the brightest environmental science and engineering professionals so we can consistently deliver innovative solutions that provide our clients a competitive advantage. At Modern Geosciences we believe each project is an opportunity to strengthen our relationship with our clients. Our clients trust us with the development of information that will directly impact their decisions, priorities, and ultimately, the bottom line. With this in mind, we provide a comprehensive offering of environmental services to help you make better choices for your business or organization. Our Philosophy Promote long‐term relationships with our clients by listening to their goals and objectives Provide accurate, timely, and cost‐efficient services Develop a motivated, accountable, responsive, and team‐oriented staff and strategic partners that demonstrate the highest standards of integrity Develop innovative solutions which incorporate applicable advancements in science and technology Continually improve and expand our team's expertise and talents Manage our business profitably to ensure long‐ term success and expanded employee opportunities and rewards Operate in an environmentally responsible manner Our Services Modern Geosciences develops customized approaches to our projects. These often blend multiple environmental services so our clients arrive at actionable information faster and with less overall costs. If you want a unique set of solutions, you have come to the right place. Service Areas: Environmental Due Diligence Phase I ESAs ● Phase II Site Investigations ● Comprehensive Site Reviews ● XRF Screening ● Transaction Screening ● Soil, Groundwater, Surface Water Sampling Regulatory Closure Strategy Conceptual Closure Estimates ● Remedial Design ● Closure Alternative Evaluations ● Municipal Setting Designations ● Brownfield Program Support and Reporting Municipal Oil & Gas Support Services Compliance Plan Specifications ● Short and Long‐term Monitor Design and Installation ●Facility Field Inspections/Sampling Vapor Intrusion Assessment & Mitigation Model Estimations and Screening ● Field Soilgas and Air Sampling ● Remedial System Design and Installation ● Building Mitigation Design Corrective Action & Remediation Regulatory Reporting ●Numerical Modeling, ●UST Removal and Closure, Site Remediation ● Soil and Groundwater Management Planning and Implementation ● Waste Minimization Design ● Institutional and Engineering Control Design Texas Licenses/Registrations Texas Commission on Environmental Quality Corrective Action Specialist No. CS00167 Texas Board of Professional Geoscience Registered Geoscience Firm No. 50411 Texas Department of State Health Services Radiation Control License No. 35321 www.moderngeosciences.com Representative Experience – Municipal Urban Oil & Gas Support City of Southlake, Texas Modern staff assisted the City of Southlake in the preparing a Hydrogeology Evaluation of Southlake. This included a cataloging all registered water wells, summation of water quality data from each well based on aquifer penetration (Paluxy, Twin Mountains, Woodbine), as well as detailed geologic research and graphical depictions outlining the specific depths of both the upper and lower portions of the Barnett Shale. Additionally, our staff completed an Ambient Air Quality Study that included 19 sampling points across the City evaluated for reduced sulfides, volatile organic compounds (VOCs) and carbonyls. Further technical support has included negotiations on behalf of the City with Oil and Gas Operators as well as comments to proposed ordinance revisions. Town of Flower Mound, Texas Modern was engaged by the Town of Flower Mound to conduct monthly air sampling across the Town. Nine (9) specific points are monitored for VOCs with supplemental points added as need arises. Additional support has included surface water sampling, technical programmatic support, and staff training on field inspection procedures. City of Grand Prairie, Texas Modern has conducted baseline air sampling, technical ordinance review and comment, development of the City’s Leak Detection and Compliance Plan (LDCP) requirements and subsequent guidance documents to encourage improved facility monitoring by individual operators. Additional support has included technical programmatic support and staff training on field investigation procedures. City of Colleyville, Texas Modern has completed 24‐hour real‐time monitoring of an urban padsite during both hydraulic fracturing and flowback. Monitored constituents included benzene, toluene, formaldehyde, ozone, hydrogen sulfide, acetaldehyde, xylenes, ethylbenzene, carbon disulfide, nitrogen oxides, sulfur dioxide and other hazardous air pollutants. Additional near‐equipment monitoring included methane and hydrogen sulfide with detections of up to 20% by volume being observed. Based on the extensive data collected, Modern has been able to recommend alternate approaches to reduce future emissions during the next stage of hydraulic fracturing and flowback. Other services performed by Modern for the City include baseline air quality sampling and pre and post hydraulic fracturing water well sampling, and staff training on field investigation procedures. CONSULTING AGREEMENT This consulting agreement is entered into this ________ day of __________, 2011, by and among Modern Geosciences, LLC (“CONSULTANT”) and City of Coppell, Texas. (“CLIENT”) of 255 Parkway Blvd, Coppell, Texas, for the purpose establishing compensation and setting forth rights and responsibilities of the parties with respect to the performance of services by CONSULTANT. SERVICES CONSULTANT will provide the following services according to specifications provided by the CLIENT: Cost to: 1) Provide general consultation and review of the provisions of Article 9 -26. OIL AND GAS DRILLING, of the Coppell Code of Ordinances;and 2) Padsite Inspection and monitoring activities (e.g., production wells, tank batteries, separators), as directed; 3) Other requested services as proposed and approved by CLIENT COMPENSATION: CLIENT will compensate CONSULTANT for all approved work performed on behalf of CLIENT shall be as detailed in Exhibit “A”, Proposal for Environmental Support Services, Oil and Gas Activities, dated August 17, 2012. PAYMENT: All payments will be made payable to Modern Geosciences, LLC, PO Box 92083, Southlake, Texas 76092. Payment is due within 30 days of receipt of each invoice. RESPONSIBILITIES OF PARTIES: CONSULTANT has responsibility to represent CLIENT ethically to parties at all times, to assist CLIENT to meet the objectives on behalf of the city of Coppell as the Oil or Gas Inspector/Technical Advisor, and to act at all times in the best interest of CLIENT. LIMITATION OF AUTHORITY: CLIENT does not have the authority to bind CONSULTANT to any agreement without approval from CONSULTANT. And the CONSULTANT has no authority from CLIENT to bind it to any agreement without CLIENT’s approval. LIMITATION OF LIABILITY: Except for damages incurred by CLIENT as a result of CONSULTANT’s breach of provisions in this agreement, CONSULTANT and CLIENT shall have no liability for any claim relating to this agreement in excess of the fees and expenses paid to CONSULTANT. IN NO EVENT SHALL CONSULTANT AND CLIENT BE LIABLE TO EACH OTHER, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS UNDER THIS AGREEMENT OR FROM TERMINATION OF THIS AGREEMENT. STATUS OF INDEPENDENT CONTRACTOR: CLIENT and CONSULTANT each hereby mutually agree that in the performance of all Services under this Agreement or related hereto, and for all applicable federal and state tax purposes, CONSULTANT and all its consultants shall be independent contractors and not employees of CLIENT. CLIENT reserves no control whatsoever over the employment, discharge, or compensation of any assistant, agent, employee, subordinate or associate of CONSULTANT. CLIENT shall not be responsible for the acts or omissions of any associate of CONSULTANT, and CONSULTANT agrees to indemnify CLIENT and hold CLIENT harmless from any and all liability and/or loss, including reasonable attorney’s fees and expenses, caused by such act or omission. Accordingly, CONSULTANT understands that CLIENT is not obligated to provide any associate of CONSULTANT _ with any of the benefits afforded by employers to employees, regardless of whether the duty to provide such benefits arises from statute, common law, trade custom or practice, or otherwise; that CONSULTANT shall file and pay all taxes and assessments which are now or hereafter required as a result of the performance of the Services specified herein; and that CONSULTANT shall be responsible for and pay as applicable all wages, liability insurance, withholding taxes, health ins urance, and any and all other amounts which are required as a result of the operation of CONSULTANT’s business. GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the State of Texas without giving to any body of law or precedent relating to conflicts of law. This agreement is performable in Dallas County, Dallas, Texas and venue for any dispute arising hereunder shall be in a court of proper jurisdiction in Dallas County, Dallas, Texas. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement between the parties and supersedes any and all prior proposals, agreements and representations between them, whether written or oral. This Agreement may be changed only by mutual agreement by the parties in writing. SEVERABILITY: Any provision of this Agreement held to be illegal, invalid or unenforceable shall be deemed automatically amended to conform to the applicable laws or regulations, or, if it cannot be so amended without materially altering the intention of the parties, it shall be stricken and the remainder of this Agreement shall be continued in full force and effect. BINDING EFFECT: This Agreement shall be binding upon the parties hereto, together with their respective Personal representatives, heirs, successors and permitted assigns. TERMINATION: This contract may be terminated by either party by sending thirty (30) days written notice to the city as follows: Clay Phillips, City Manager 255 Parkway Blvd. Coppell, TX 75019 ________________________________________ City of Coppell Clay Phillips, City Manager Date City of Coppell, Texas CLIENT Consultant Kenneth S. Tramm, Principal Date Modern Geosciences, LLC CONSULTANT 1904 Industrial Boulevard, Suite 107, Colleyville, Texas, 76034 p | 682.223.1322 w | moderngeosciences.com Page 1 Trusted Environmental Advisors August 17, 2012 Proposal P12DFW016R3 City of Coppell 225 Parkway Boulevard Coppell, Texas 75019 Attention: Ms. Marcie Diamond Phone: 972.304.3676 Email: mdiamond@coppelltx.gov Subject: Proposal for Environmental Support Services Oil & Gas Activities Dear Ms. Diamond: As requested, Modern Geosciences, LLC (Modern) is pleased to submit this proposal to the City of Coppell (City) to perform Environmental Support Services. These are anticipated to include 1) review and comment to the current City Ordinance (Article 9‐26 Oil and Gas Drilling), 2) performance of environmental monitoring at the current existing padsite within city boundaries, and 3) general technical support, as requested. The following sections provide our understanding of the proposed project, scope of work, fee and schedule. Modern’s consulting services will be conducted in accordance with the scope of services detailed below and the attached Consulting Agreement. BACKGROUND AND PROJECT UNDERSTANDING Modern understands the City requires support for relative to oil and gas permitting activities, oil and gas facility inspection activities, and review and comment of the current City Ordinance. There is currently one active padsite in Coppell operated by Chesapeake and improved with nine (9) wells currently in production. No padsite inspections have been performed to date. SCOPE OF SERVICES TASK 1 – ORDINANCE REVIEW AND COMMENT Following authorization, Modern will review the provided copy of the current City Ordinance for Oil and Gas Drilling and provide comment where appropriate. Modern will interact with City staff following submittal of comments to aid in the development of a revised City Ordinance and presentation to council or other parties, as requested. 1904 Industrial Boulevard, Suite 105, Colleyville, Texas, 76034 p | 682.223.1322 w | moderngeosciences.com Page 2 August 17, 2012 Proposal P12DFW016R3 TASK 2 – PADSITE INSPECTION AND MONITORING ACTIVITIES Modern has anticipated the need for biannual inspection and monitoring activities (once every six month period of operation). The proposed activities will include the following: Site Access Prior to field activities, Modern will coordinate with designated site operator contact(s) to communicate the proposed monitoring schedule, equipment security needs, and padsite safety requirements for access. This will include coordination with the pad site operators/pumpers to ensure operational requirements are met. All Modern field staff accessing a padsite will be HAZWOPER trained and operate under a detailed health and safety plan for each visit. Air Quality Monitoring Modern will perform air quality monitoring on the selected pad site(s) using open‐path monitoring (OPM) equipment. The OPM utilizes an infrared or ultraviolet beam capable of identifying selected chemical of concern (COCs) present in the beam. Use of the OPM provides a minimally invasive monitoring method and reports an average concentration across the entire path length. The typical path lengths are anticipated to range between 25 to 75 meters based on the layout of the individual padsites and equipment present. In general, three path observations will be performed to approximate upwind, downwind, and across padsite observations. The anticipated length of monitoring at each path will be one to two hours. Final selection of the paths will be dependent upon actual field conditions. COCs monitored will include individual volatile organic compounds (VOCs; i.e. Benzene, Ethylbenzene), polycyclic aromatic hydrocarbons (PAHs, i.e., naphthalene), carbonyls (i.e., formaldehyde), nitrogen compounds (i.e., nitric oxide, nitrogen dioxide), sulfur compounds (i.e., hydrogen sulfide, sulfur dioxide), and ozone. Field Inspection During the monitoring event, Modern will perform an Audio, Visual, and Olfactory (AVO) field inspection as well as record monitoring results with the use of handheld meters. The goal of field inspection activities will be to visually evaluate operational conditions of well heads, well connections, flanges, valves, pumps, well head fluids (i.e., corrosion inhibitors), production piping, visible system pressure gauges, separator systems, secondary containment integrity, above‐ground storage tanks (i.e., thief hatch, ventilation), fluid disposal transfer points, compressor systems, chemical storage areas, and obvious signs of staining, spills, or releases. The inspection will include field screening with intrinsically safe handheld equipment to determine background ambient readings at the edge of the padsite as well as specific monitoring points in close proximity to operational equipment. 1904 Industrial Boulevard, Suite 105, Colleyville, Texas, 76034 p | 682.223.1322 w | moderngeosciences.com Page 3 August 17, 2012 Proposal P12DFW016R3 Reporting Monitoring reports will be prepared summarizing the most recent and, when available, previous sampling results for all field inspections and monitored padsite events. The report will contain findings, conclusions, and recommendations concerning obvious issues observed during the monitoring or visual issues identified during the equipment placement process. All reports will be transmitted electronically in portable document format within two weeks of the field visit. TASK 3 – TECHNICAL SUPPORT Modern will be available to provide general technical support to City staff as requested. This may include performing review, comment, general technical support, and inspection activities relative to new permit applications, drilling activities, hydraulic fracturing activities, produced water flowback activities and general production activities. ESTIMATED BUDGET Modern will perform the above described scope of services on unit rate/time and materials cost not to exceed $21,200. All charges will be based on Modern’s current rate schedule at the time work is performed. Additional costs might be incurred if the assumptions presented earlier are not correct. In the event that additional costs and services are required, Modern will notify the client immediately and prepare an estimate of the additional cost. Modern will not exceed the authorized amount until written approval from client has been received. The estimated project budget is summarized in the table below. 1904 Industrial Boulevard, Suite 105, Colleyville, Texas, 76034 p | 682.223.1322 w | moderngeosciences.com Page 4 August 17, 2012 Proposal P12DFW016R3 ESTIMATED PROJECT BUDGET Task 1: Ordinance Review and Comment Consulting Labor $ 4,500 Task Expenses $ 500 Task Subtotal:$ 5,000 Task 2: Padsite Inspection and Monitoring Activities Consulting Labor (Field and Reporting) $ 3,000 OPM Transmitter/Receiver (Deployment and Data Processing) $ 3,000 Task Expenses $ 850 Event Total:$ 6,850 Task Subtotal ‐ Two events:$ 13,700 Task 3: Technical Support Consulting Labor $ 2,000 Task Expenses $ 500 Task Subtotal:$ 2,500 TOTAL $ 21,200 ANTICIPATED SCHEDULE Modern will endeavor to complete the tasks outlined above within the following schedule:  Review and comment to City Ordinance – 4 weeks form authorization;  Field Inspection and Monitoring Event – One event in 2012 and one event in 2013 proposed. It should be noted that the above schedule is subject to interaction with operators, client representatives, subcontractors or other third parties that can delay the project. ASSUMPTIONS AND LIMITATIONS  Our Client will coordinate all site access; 1904 Industrial Boulevard, Suite 105, Colleyville, Texas, 76034 p | 682.223.1322 w | moderngeosciences.com Page 5 August 17, 2012 Proposal P12DFW016R3  Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of our profession practicing in the same locality, under similar conditions and at the time the services are performed;  Our conclusions, opinions and recommendations will be based on the information available for review. This will only include a limited number of observations and data points. It is likely that conditions will vary between or beyond the specific points evaluated;  Modern will assume no responsibility or liability for any expense, claim, material loss to the property, damage, or injury that results from or in any way connected with hazardous conditions created at the Site by others;  Our Client will be responsible for all required notification, if any, of the existence, release, or threatened release of hazardous substances, hazardous air pollutants, or petroleum products at the project site prior, during, or after Modern’s services. Modern will provide counsel as necessary;  Laws, regulations and professional standards applicable to Modern's services are continually evolving. Techniques are, by necessity, often new and relatively untried. Different professionals may reasonably adopt different approaches to similar problems. As such, our services are intended to provide our client with a source of professional advice, opinions and recommendations based on a limited number of field observations and tests, collected and performed in accordance with the generally accepted practice that exists at the time, and may depend on, and be qualified by, information gathered previously by others and provided to Modern by our Client;  All information gathered during the services by Modern will be considered confidential and released only upon written authorization of the Client or as required by law. State law may require a person to inform the state if a situation is encountered that can be considered an imminent endangerment to the public’s health or welfare and/or to the environment; and  This proposal is valid for a period of 60 days from the date of issuance. AUTHORIZATION If this proposal meets your needs please submit and executed copy of the full proposal to our office with the signed Consultant Agreement. If there is a need for any change in the scope of services described in this proposal, please contact us immediately. Any requested changes may require revision of the proposed fee and schedule. All terms and conditions indicated in this proposal will be considered by both parties to be in effect from the effective date of the executed contract through completion of the project. 1904 Industrial Boulevard, Suite 105, Colleyville, Texas, 76034 p | 682.223.1322 w | moderngeosciences.com Page 6 August 17, 2012 Proposal P12DFW016R3 CLOSING We thank you for the opportunity to provide this proposal for environmental services and look forward to working with you on this project. If you have any questions or comments, please contact either of the undersigned concerning this regarding this proposal. Sincerely, MODERN GEOSCIENCES Texas Registered Geoscience Firm No. 50411 JJ Hollingshead, MS Kenneth S. Tramm, PhD, PG, CHMM Project Scientist Senior Program Manager If this proposal meets your needs please provide authorize services as indicated below. NOTICE TO PROCEED The above scope is understood and authorized. Name:________________________ Signature:_________________________ Title: _________________________ Date: ____________________________ David Lunsford, PG Public Utility Municipal Planning Coordinator Geoscientist Geologist, Licensed in Texas February 2012 Page 1 of 4 Cibola@prodigy.net 1200 Doreen Street White Settlement, TX 76108 Cell: 682-478-9230 Home: 817-246-2998 Career Summary Over thirty-five years of experience in geological and geophysical exploration, gas well permit regulation and production site inspection. Lead on business development project to obtain service contract agreements with local cities to review drilling permit applications and inspect wells during drilling and completion operations . Perform annual or periodic inspections at gas producing facilities for local cities in north central Texas. Coordinate with city officials to review new and amended drilling permits to comply with city ordinances. Respond to discussions at Planning Review Committees; attend and present recommendations to city councils at public hearings and public education forums. Created and use Geographic Information (GIS) database to track and maintain well, pad data and inspections. As a natural resource development consultant coordinated multi-state natural resource exploration projects from inception through design and operations stages incorporating cost estimates, data acquisition, processing, data storage and marketing. Recommend prospective exploration trends, test sites and leasing programs to clients. Review outside prospect submittals. Represent company and clients at meetings about ongoing or proposed projects. Generated displays, reports and made presentations to staff, management and clientele. Interview ed, hired and managed consultants and directed support technical staff at several company offices. Career Highlights  Drilling Permit Review and Inspection Projects Universal Ensco Inc., 100 Throckmorton Street, Fort Worth, TX 76102, until 1/10/12.  Ongoing. Gas well and pad site permit review and inspections for the cities of Benbrook, Crowley, Euless, White Settlement and Reno. Coordinate with city officials to review new and amended drilling permits for compliance with city ordinances. Respond to discussions in Planning Review Committee and attend and present recommendations to city councils at public hearings and public education forums. Use GIS database to track and maintain well and pad data as well as inspections. Identify and follow up on mitigation of violations at operational and natural gas production sites  July 2010. Initiated gas well and pad site permit review and inspections for the city of Reno, Texas. Coordinate with city officials to review new and amended drilling permits for compliance with city ordinances. Respond to discussions in Planning Review Committee and attend and present recommendations to city councils at public hearings and public education forums. Use GIS database to track and maintain well and pad data as well as inspections. Identify and follow up on mitigation of violations at operational and natural gas production sites.  October 2009. Initiated gas well and pad site permit review and inspections for the city of Euless, Texas. Coordinate with city officials to review new and amended drilling permits for compliance with city ordinances. Respond to discussions in Planning Review Committee and attend and present recommendations to city councils at public hearings and public education forums. Use GIS database to track and maintain well and pad data as well as inspections. Identify and follow up on mitigation of violations at operational and natural gas production sites .  October 2009. Initiated drilling application permit review and pad site inspection services on request from the city manager of White Settlement under a professional services agreement. Attend and report at public hearings in council to recommend actions for approval on matters David Lunsford, PG Public Utility Municipal Planning Coordinator Geoscientist Geologist, Licensed in Texas February 2012 Page 2 of 4 Cibola@prodigy.net 1200 Doreen Street White Settlement, TX 76108 Cell: 682-478-9230 Home: 817-246-2998 related to drilling permits within city limits. Identify and follow up on mitigation of violations at operational and natural gas production sites.  August 2009. Initiated gas well and pad site inspections for the city of Benbrook, Texas. Coordinate with city officials to review drilling operations to verify site safety and compliance with city ordinances. Perform complete site inspection at each well pad in city seven times each year. Report to city engineer. Use GIS database to track and maintain well and pad data as well as inspections. Identify and follow up on mitigation of violations at operational and natural gas production sites.  July 2009. Initiated gas well and pad site permit review and inspections for the city of Crowley, Texas. Coordinate with city officials to review new and amended drilling permits for compliance with city ordinances. Attend and present recommendations to city councils at public hearings and public education forums. Use GIS database to track and maintain well and pad data as well as inspections. Identify and follow up on mitigation of violations at operational and natural gas production sites.  2008-09. Initiated and coordinated meetings with intergovernmental parish officials in an attempt to obtain well and site inspection services from several parishes and cities located in Northwestern Louisiana.  2009-10. Initiated and coordinated meetings with Midlothian Planning Director and other city officials to initiate discussions to set up a wind turbine meteorological (MET) study for a water lift station project.  City Gas Well Inspection Projects City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102  City of Fort Worth, 2003-2008, Gas Well Inspector, Supervisor. Enforced both the C ity of Fort Worth’s and DFW Airport’s drilling and production ordinances pertaining to all aspects of gas well site operations. Supervised and participated in the inspection of gas well site operations during drilling, completing, producing and abandonment phases through final site remediation. Formulated and supervised the gas well section’s business procedures and work policies from the inception of the division. Created, defined and filled staff positions with three college degreed geoscientist and one or more assistants. Purchased noise and gas sample meters, inspection equipment and personal protective equipment needed by staff. Provided required training and educational updates. Allocated staff resources to handle the multitasking requirements of the job. Designed and managed a record management database for gas well site activities on the Geographic Information System (GIS). Trained staff to use the GIS system to map well locations and process pad site drilling permits and site inspections. Prepared and presented gas well activity reports and project maps for city council, city management and at public meetings. Prepared and presented PowerPoint educational talks for various city and public groups including League of Women Voters, Desk and Derrick Club and as a speaker at professional conferences. Held open public information meetings each month. Attended neighborhood educational meetings and public functions often with council members to provide expert advice pertaining to gas well regulations and drilling procedures within the City.  Geological & Geophysical Projects  Power Exploration and Consultant, 1998-2002, Elecrto-Seis, Tyler and Fort Worth, Texas. Exploration activity included applied research and product development of an unconvention al David Lunsford, PG Public Utility Municipal Planning Coordinator Geoscientist Geologist, Licensed in Texas February 2012 Page 3 of 4 Cibola@prodigy.net 1200 Doreen Street White Settlement, TX 76108 Cell: 682-478-9230 Home: 817-246-2998 method of petroleum exploration system that uses airborne ‘micro -gravity’ data recorded with the combined effect of the earth’s electrical field. Most areas of application were in Washington State and East Texas. Contacted potential clientele, created sales brochures and displays for this product. Regional seismic mapping of East Texas Basin to identify potential reef anomalies for follow-up detail exploration.  James Smith PE, 1996-97, Tyler, Texas. Litigation research for court cases involving lease actions, gas balancing, fraud cases and generated the trial books used by the client’s legal counsel at court.  Arkla Exploration & Seagull Mid-South Energy, 1978-1995, Senior Geophysicist, Shreveport, Louisiana. Integrated geology with geophysical data for analysis and prospect mapping. Experienced in most of the U.S. basins including onshore regions, offshore gulf coast, offshore California as well as some international areas. US areas included the Bend Conglomerate and other horizons in the Fort Worth Basin of Texas; Strawn and coal bed methane gas formations at the southern end of the Fort Worth Basin of central Texas; reefs, conglomerates and deltas of West Texas; all horizons of East Texas and the Frio Formation in southwest Texas. Shallow methane gas projects in West and Central Kentucky. The deep Paleozoic Formations of southeastern Utah. The Wiggins Arch and the James Reef trend of Southern Mississippi and all horizons in Louisiana. Other project areas were: the Williston Basin; Val Verde Basin of Southwest Texas; Georgia; Washington State shallow methane gas plays; Oklahoma’s Atoka and Simpson Formations, the Tucumcari and Permian basins of eastern New Mexico; Illinois and Indiana reef trends. Arkansas and Oklahoma shale plays.  Arkla Exploration & Seagull Mid-South Energy, 1981-1995, Senior Geophysicist, Shreveport, Louisiana, for two Seagull Mid-South company offices located at Shreveport, Louisiana, and Amarillo, Texas. Responsible for geophysical project proposals, data recording, survey design, cost proposals, coordination and scheduling of multiple exploration activities. Selected survey data recording contractors, reviewed bid submittals and reviewed contracts. Coordinated seismic data acquisition, processing and preparation and analysis. Evaluated outside prospect submittals for joint projects or purchases. Integrated geophysical data interpretation with other types of geospatial data. Performed data analysis including compilation of geo -scientific record values, editing corrections, defining associated relationships, evaluation and display of results. Analyzed data attributes, created structural and isopach maps, created data models, made reservoir evaluations. Generated written and oral reports and made presentations to management. Interviewed, hired and directed field managers to oversee the acquisition of the data surveys. Interviewed, hired and managed staff geophysical consultant and geotech. Worked extensively in Arkansas, Oklahoma, Texas, Southern Mississippi, and Eastern New Mexico.  Consulting Geoscientist, 1980-81, Shreveport, Louisiana. Worked for several large and small independent oil and gas companies in Louisiana and Texas. Mapped onshore -offshore data and federal lease bid blocks. Mapped the structure of a 5000 mil e geophysical seismic survey offshore south Texas near Corpus Christi.  Geophysicist, 1978-1979, Arkla Gas, Shreveport, Louisiana. Responsible for all of the geophysical structure, isopach and fault-plane maps for the ‘Chiles Dome’ Gas Storage Project located in Coal County, Oklahoma. Worked extensively in Arkansas, Oklahoma and Texas.  Seismologist, Western Geophysical, 1973-77, Houston, Texas. Geo-science data interpretation and regional structure mapping for offshore geophysical seismic surveys in Louisia na, Texas and California. International geo-science work offshore Brazil, Spain and the Gulf of Suez. Transferred self to the land-processing center to learn seismic land data processing. Education David Lunsford, PG Public Utility Municipal Planning Coordinator Geoscientist Geologist, Licensed in Texas February 2012 Page 4 of 4 Cibola@prodigy.net 1200 Doreen Street White Settlement, TX 76108 Cell: 682-478-9230 Home: 817-246-2998  City & Regional Planning Masters Program , GIS Certification, UT Arlington, 2002-3  BS, Geology, Louisiana Tech University, 1974  Physics Major, University of North Carolina, 1969-71  Other: Various company courses in reservoir geophysics and seismic data acquisition.  Seismic-Micro-Tech (SMT) 2-D/3-D Kingdom and GeoQuest 3-D workstations, environmental geophysics, well logging, seismic attributes, amplitude verses offset, seismic data processing, and unconventional exploration techniques. MS Word, Excel and Access databases, AutoCAD Map and other image manipulation software.  SMT 2D/3DPak Geophysical Workstation Refresher Course, August 5-6, 2008 Certifications / Licenses  Licensed Texas Professional Geologist, PG 2075, 2002, current  Certified Earth Scientist, SIPES 2881  Graduate Certificate in GIS, Univ TX Arlington, City & Regional Planning Masters Program, 2003  40 hour HAZWOPER Certification, current  FCC Radio Station Authorization  Project Management Professional PMP class work completed 2010 Professional Affiliations  Fort Worth Geological Society, Fort Worth, Texas  Society of Independent Professional Earth Geoscientist (SIPES), Fort Worth, T exas  Natural Gas Vehicle Consortium, 2011, TCU Energy Institute, Fort Worth, Texas  American Association of Professional Geologist Southwest 2012 Convention Steering Committee Exhibits Chairman Cibola Venture Services, Coppell Draft Version 08/27/12, Page 1 of 3 CONSULTING AGREEMENT – CVS Draft 08/27/12 This consulting agreement is entered into this ____ day of___________________, 2012, by and among Cibola Venture Services (“CVS”) and City of Coppell, Texas. (“CLIENT”) of 255 Parkway Blvd, Coppell, Texas, for the purpose establishing compensation and setting forth rights and responsibilities of the parties with respect to the performance of services by CVS. SERVICES: CVS will provide the following services according to specifications provided by the CLIENT: Cost to: 1) Review and provide recommendations for new and amended gas well permit applications submitted to the city to determine that the information provided by the gas we ll operator is complete and in compliance with the requirements of the city’s oil & gas drilling ordinance. Provide written progress reports to designated city officials and a final written review of the application. 2) Provide one public safety and compliance inspection during drilling, completion and first production stages for each new wellbore. Provide a written inspection report to the city within five (5) working days following each inspection. 3) Provide a biannual inspection, or re-inspection if requested, for each existing gas well pad site to verify compliance with the city’s oil & gas drilling ordinance and any imposed conditions required by the city permit. Provide a written inspection report to the city within five (5) working days following each inspection. 4) Provide general consultation and review of the provisions of Article 9-26. OIL AND GAS DRILLING, of the Coppell Code of Ordinances. 5) Provide additional services including but not limited to presentations to City Council or other interested parties as requested. COMPENSATION: Client will compensate CVS as follows: 1. For services related to new or amended well application reviews and recommendations the city shall pay and CVS shall receive compensation at the rate of $125 per hour for work performed with a maximum of $1,500 per application. 2. For services related to inspections of new well drilling, fracing and first production actives the city shall pay and CVS shall receive compensation at the rate of $125 per hour for work performed, plus any direct expenses approved by the city, with a maximum fee of $800.00 per inspection. 3. For services related to periodic or biannual inspections or re-inspection of existing gas wells or gas well pad sites the city shall pay and CVS shall receive compensation at the rate of $125 per hour for work performed, plus any direct expenses approved by the city, with a maximum fee of $800.00 per inspection. Cibola Venture Services, Coppell Draft Version 08/27/12, Page 2 of 3 4. For services related general consultation and review of the provisions of Article 9-26, Oil & Gas Drilling, the city shall pay and CVS shall receive compensation at the rate of $50 per hour for work performed, plus any direct expenses, with a maximum fee of $5000.00 and a billing period limited to a maximum of 12.5 work days. 5. For and in consideration for additional services work the city shall pay and CVS shall receive compensation at the rate of $125 per hour for work performed during normal business hours (8:00 a.m. to 5:00 p.m.) and at the rate of $187.50 pe r hour for work performed during non-business hours (e.g. after 5:00 p.m., weekends or holidays). Any additional service work performed by CVS will require prior approval from the city. This work must be within the scope and expertise of CVS, accepted by CVS and is subject to prior work commitments. Any authorized work under this section will be on a task order basis. PAYMENT: All payments will be made payable to: David Lunsford Cibola Ventures Services 1200 Doreen Street White Settlement, TX 76108 RESPONSIBILITIES OF PARTIES: CVS has responsibility to represent CLIENT ethically to parties at all times, to assist CLIENT to meet the objectives on behalf of the city of Coppell as the Oil or Gas Inspector/Technical Advisor, and to act at all times in the best interest of CLIENT. LIMITATION OF AUTHORITY: CLIENT does not have the authority to bind CVS to any agreement without approval from CVS. CVS has no authority from CLIENT to bind it to any agreement without CLIENT’s approval. LIMITATION OF LIABILITY: Except for damages incurred by CLIENT as a result of CVS‘s breach of provisions in this agreement, CVS and CLIENT shall have no liability for any claim relating to this agreement in excess of the fees and expenses paid to CVS. IN NO EVENT SHALL CVS AND CLIENT BE LIABLE TO EACH OTHER, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS UNDER THIS AGREEMENT OR FROM TERMINATION OF THIS AGREEMENT. STATUS OF INDEPENDENT CONTRACTOR: CLIENT and CVS each hereby mutually agree that in the performance of all Services under this Agreement or related hereto, and for all applicable federal and state tax purposes, CVS and all its consultants shall be independent contractors and not employees of CLIENT. CLIENT reserves no control whatsoever over the employment, discharge, or compensation of any assistant, agent, employee, subordinate or associate of CVS. CLIENT shall not be responsible for the acts or omissions of any associate of CVS, and CVS agrees to indemnify CLIENT and hold CLIENT harmless from any and all liability and/or loss, including reasonable attorney’s fees and expenses, caused by such ac t or Cibola Venture Services, Coppell Draft Version 08/27/12, Page 3 of 3 omission. Accordingly, CVS understands that CLIENT is not obligated to provide any associate of CVS with any of the benefits afforded by employers to employees, regardless of whether the duty to provide such benefits arises from statute, common law, trade custom or practice, or otherwise; that CVS shall file and pay all taxes and assessments which are now or hereafter required as a result of the performance of the Services specified herein; and that CVS shall be responsible for and pay as applicable all wages, liability insurance, withholding taxes, health insurance, and any and all other amounts which are required as a result of the operation of CVS’s business. GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the State of Texas without giving to any body of law or precedent relating to conflicts of law. This agreement is performable in Dallas County, Dallas, Texas and venue for any dispute arising hereunder shall be in a court of proper jurisdiction in Dallas County, Dallas, Texas. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement between the parties and supersedes any and all prior proposals, agreements and representations between them, whether written or oral. This Agreement may be changed only by mutual agreement by the parties in writing. SEVERABILITY: Any provision of this Agreement held to be illegal, invalid or unenforceable shall be deemed automatically amended to conform to the applicable laws or regulations, or, if it cannot be so amended without materially altering the intention of the parties, it shall be stricken and the remainder of this Agreement shall be continued in full force and effect. BINDING EFFECT: This Agreement shall be binding upon the parties hereto, together with their respective personal representatives, successors and permitted assigns. TERMINATION: This contract may be terminated by either party by sending thirty (30) days written notice to the city as follows: Clay Phillips, City Manager 255 Parkway Blvd. Coppell, TX 75019 City of Coppell Clay Phillips, City Manager, Date Coppell, Texas Consultant David Lunsford, PG, Consultant Date MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Michael Garza, P.E. Civil Engineer DATE: September 11, 2012 REF: Consider approval of an Ordinance abandoning the City’s rights to two 15’ x 20’ drainage easements, a portion of a 20’ easement, and a 50’ construction easement in conjunction with the Ridgecrest Subdivision at the Northeast Corner of Lodge and Sandy Lake and as further described in Exhibits “A”, “B”, “C”, and “D” attached hereto; reserving all existing easement rights of others if any, whether apparent or non-apparent, aerial, surface, underground or otherwise; providing for the furnishing of a certified copy of this Ordinance for recording in the Real Property Records of Dallas County, Texas as a quitclaim deed; and authorizing the Mayor to sign and execute any necessary documents. This ordinance abandons two 15’ x 20’ drainage easements, a 20’ utility easement and a 50’ construction easement on the Ridgecrest Subdivision. The drainage easements were dedicated in 1991 by separate instrument to accommodate the Pecan Valley Subdivision. New easements will be dedicated on the Ridgecrest plat to accommodate the improvements to the subdivision. The 20’ utility easement was dedicated in 1979 by separate instrument for the sanitary sewer main. A portion of this sanitary sewer main will be relocated and placed in a new easement dedicated by the plat. The 50’ construction easement was dedicated in 1979 by separate instrument and is no longer needed. Staff recommends approval of the abandonment ordinance and will be available to answer any questions at the Council meeting. Proposed Easement AbandonmentRidgecrest EstatesCity of CoppellCreated in CIVIL3D1 INCH = 1 MILE0C:\DATA\Temp DWG\EXHIBITS 2012.dwg\RIDGECREST ESMTCreated on: 5 September 2012 by Scott Latta1/21/21 TM 57157 1 ORDINANCE NO. ____________ CONSIDER APPROVAL OF AN ORDINANCE ABANDONING TWO 15’ x 20’ DRAINAGE EASEMENTS, A PORTION OF A 20’ UTILITY EASEMENT AND A 50’ CONSTRUCTION EASEMENT AS DESCRIBED IN EXHIBITS "A", “B”, “C” AND “D” ATTACHED HERETO; RESERVING ALL EXISTING EASEMENT RIGHTS OF OTHERS IF ANY, WHETHER APPARENT OR NON-APPARENT, AERIAL, SURFACE, UNDERGROUND OR OTHERWISE; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS AS A QUITCLAIM DEED; AND AUTHORIZING THE MAYOR TO SIGN AND TO EXECUTE ANY NECESSARY DOCUMENTS. WHEREAS, the City Council of the City of Coppell has determined that the easements located on the Ridgecrest Subdivision property described in Exhibits "A",“B”, ”C” and “D” and hereto, is no longer needed for City services; and WHEREAS, the property owner desires that said Easements be abandoned. SECTION 1. That the City Council of the City of Coppell, Texas has determined that the easements described in Exhibits “A”,“B”, “C” and “D”, attached hereto and made a part hereof for all purposes, are no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the property owner. SECTION 2. That said easements are abandoned, vacated and closed insofar as the right, title and interest of the public to such are concerned. That the City of Coppell does not abandon any other interest other than that described in Exhibits "A",“B”, ”C” and “D” but does hereby abandon all of its right, title and interest in and to that certain tract of land described in Exhibits "A",“B”, ”C” and “D”, either in fee simple or by easement or otherwise, together with any and all improvements thereon, subject to the limitations and reservations stated herein. SECTION 3. The City Secretary is authorized and directed to prepare a certified copy of this ordinance, and the recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as the quitclaim deed of the City of Coppell, Texas in and to the easements described in Exhibits "A",“B”, ”C” and “D” subject to the limitations and reservations of this ordinance. SECTION 4. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. TM 57157 2 DULY PASSED by the City Council of the City of Coppell, Texas, on the _____ day of __________, 2012. APPROVED: __________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: ______ ____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ ROBERT E. HAGER, CITY ATTORNEY TO: VIA: FRO DAT RE: The F in th work using const admin speci Bids CMU altern facili Bids low altern for c proje Staff M : Ke OM: Sh TE: Se Co Ex to bu ne Facilities Sto e Facilities ked with Bu g the origin tructing a 30 nistrative ap ifications. specificatio U/block wall nate. The a ity. opened on A bidder was nate for CM ode complia ct. The time f recommend Mayor and Cit enneth M. G heri Moino, F eptember 11 onsider app xpansion at Copper M udgeted; an ecessary doc orage Expan Budget curr uilding Inspe nal Service 0’ x 50’ cli pproval by P ons were p l for this ex actual finish August 28 a Copper M U/Block wa ance and co eline for com ds approval a MEM ty Council Griffin, P.E., Facilities M 1, 2012 proval to aw t the existin Mountain C nd authorizi cuments. nsion project rent fiscal y ection and E Center pla imate contro Planning sin repared and xpansion in hed project and there we Mountain Co all, of $165,0 oncurs with mpletion of t and will be a MORANDU Director of anager ward Bid Q g City Serv onstruction ing the City t is a capita year to prov Engineering ans and ext olled buildin nce we were d value eng lieu of tilt will continu ere three bid nstruction w 000.00. The the recomm this project i available to a UM Engineering Q-0812-01 fo vice Center n in the am y Manager t al improvem vide addition g Divisions tending the ng expansion e using the gineering w t wall const nue the exis ds received ( with a total e Building O mendation of is 120 days. answer any q g/Public Wor or the Facil on South C mount of $1 to sign and ment item tha nal storage to design th south stor n. Staff wa original bu was consider truction to b ting look o (see bid tabu l bid amou Official revie f the low bi questions. rks lities Storag Coppell Roa 165,000.00 a d execute an at was funde space. Sta he expansio age bays b as granted a uilding desig red to allow be bid as a of the curren ulation). Th unt, includin ewed this bi idder for th ge ad as ny ed ff on by an gn w an nt he ng id is Copper Mountain Construction Quality Contruction Services, INCTegrity Contractors, INCSpecification:Electrical $0.00 $16,000.00 $11,450.00*City Electrician Cost *$13,500.00Plumbing $4,000.00 $3,000.00 $3,500.00Mechanical $12,500.00 $7,500.00 $11,285.00Buidling Shell $107,500.00 $176,380.00 $199,542.00Total Buidling Cost including Sub‐trades$0.00 $202,880.00 $225,777.00Calendar days 120 150 $100.00Bid Bond yes yes yesAlternates:Alternate 1 $165,000.00($8,000) ($16,500)165000 + 13,500= $178,000.00202,880‐8000= $194,880225777‐16500= $209,277.00Alternate 2 No Bid No Bid No BidQ‐0812‐01 Facilities Storage Expansion Facilities Storage ExpansionCity of Coppell Service CenterProject No. 010313-5110Created in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2012.dwg\BETHEL W 900Created on: 31 August 2012 by Scott Latta1/31/21 1 INCH = FT.0505025Facilities Storage ExpansionCity of Coppell Service CenterProject No. 010313-5110Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2012.dwg\FACILITIES EXPCreated on: 31 August 2012 by Scott Latta2/3PROPOSED FACILITIESSTORAGE ADDITION BID Q-08 812-01 CITY OF COPP F PELL • PURCHAS CI STANDA FOR FACILIT SING DEPARTMEN ITY OF C ARD FIXE R THE CO TIES ST NT • 255 PARKWA OPPELL ED PRICE ONSTRUC ORAGE FACILITI AY BOULEVARD , TEXAS E AGREEM CTION OF E EXPAN IES STORAG • COPPELL, TEX MENT F NSION GE EXPANS XAS 75019 SION BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2 City of Coppell, Texas This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality (hereinafter referred to as the "Owner") and ___Copper Mountain Construction___, (hereinafter referred to as the "Contractor") for construction of __Facilities Storage Expansion__, (hereinafter referred to as the "Project"), the Owner and the Contractor hereby agreeing as follows: ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 THE CONTRACT 1.1.1 The Contract between the Owner and the Contractor, of which this Agreement is a part, consists of the Contract Documents. It shall be effective on the date this Agreement is executed by the last party to execute it. 1.2. THE CONTRACT DOCUMENTS 1.2.1 The Contract Documents consist of this Agreement, the Invitation to Bid, Requirements and Instructions to Bidders, the Specifications, the Drawings, the Project Manual, all Change Orders and Field Orders issued hereafter, any other amendments hereto executed by the parties hereafter, together with the following (if any): Documents not enumerated in this Paragraph 1.2.1 are not Contract Documents and do not form part of this Contract. 1.3 ENTIRE AGREEMENT 1.3.1 This Contract, together with the Contractor's performance and payment bonds for the Project, all General Conditions, Special Conditions, Plans and Specifications, and Addenda attached thereto, constitute the entire and exclusive agreement between the Owner and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes any bid documents and all prior written or oral communications, representations and negotiations, if any, between the Owner and Contractor not expressly made a part hereof. 1.4 NO PRIVITY WITH OTHERS 1.4.1 Nothing contained in this Contract shall create, or be interpreted to create, privity or any other contractual agreement between the Owner and any person or entity other than the Contractor. 1.5 INTENT AND INTERPRETATION 1.5.1 The intent of this Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price. 1.5.2 This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract. 1.5.3 When a word, term or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. 1.5.4 The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation". 1.5.5 The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract. BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3 1.5.6 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7 The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings, the Product Data, and any Plans and Specifications, and shall give written notice to the Owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the Owner or the Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The Owner has requested the Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the Owner concerning such documents as no such representation or warranties have been or are hereby made. Further, the Contractor represents and warrants that it has had a sufficient opportunity to inspect the Project site and assumes any and all responsibility for inadequacies or ambiguities in the plans, drawings or specifications as well as for latent conditions of the site where the work is to be performed. 1.5.8 As between numbers and scaled measurements on the Drawings and in the Design, the numbers shall govern, as between larger scale and smaller scale drawings, the larger scale shall govern. 1.5.9 Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 1.6 OWNERSHIP OF CONTRACT DOCUMENTS 1.6.1 The Contract Documents, and each of them, shall remain the property of the Owner. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Owner's prior written authorization. ARTICLE II THE WORK 2.1 The Contractor shall perform all of the Work required, implied or reasonably inferable from, this Contract. 2.2 WORK 2.2.1 The term "Work" shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance, and the provision or furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows: Facilities Storage Expansion: Foundation, CMU Walls, Trussors, and Roof Deck only. 2.2.2 The Contractor shall be responsible for paying for and procuring all materials and labor and furnishing all services necessary or appropriate for the full performance of the Work and the for the full completion of the Project. All materials shall be new and materials and workmanship shall be of good BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4 quality. Upon request, the Contractor shall furnish satisfactory proof of the type, kind, and quality of materials. ARTICLE III CONTRACT TIME 3.1 TIME AND LIQUIDATED DAMAGES 3.1.1 The Contractor shall commence the Work within 10 days of receipt of a written Notice to Proceed, and shall achieve Substantial Completion of the Work no later than 120_ calendar days from the date specified in the Notice to Proceed. The parties acknowledge that time is of the essence in the performance of the terms of this Contract. The term “calendar days” shall mean any and all days of the week or month, no days being excepted. "Hours worked before 8:00 a.m. after 5:00 p.m., all weekends and holidays are subject to overtime. Overtime request must be made in writing and approved by the City of Coppell. Seventy-two hours notice required. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." It is contemplated by the parties that the progress of the Work may be delayed by certain conditions beyond the control of the parties; these delays have been contemplated by the parties and considered in the time allotted for performance specified herein and includes, but is not limited to delays occasioned on account of adverse weather, temporary unavailability of materials, shipment delays, and the presence and potential interference of other contractors who may be performing work at the Project site unrelated to this agreement. The number of calendar days from the date on which the Work is permitted to proceed, through the date set forth for Substantial Completion, shall constitute the "Contract Time". 3.1.2 The Contractor shall pay the Owner the sum of $__240.00__ per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. if and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 3.1.3 In the event that the Contractor achieves certification of substantial completion prior to the scheduled completion date, the Owner shall pay to the Contractor the sum of $__0.00__ per day for each calendar day that substantial completion is certified in advance of the scheduled completion date. 3.1.4 No claim shall be made by the Contractor to the Owner, and no damages, costs or extra compensation shall be allowed or paid by the Owner to the Contractor for any delay or hindrance from any cause in the progress or completion of the Work or this Contract. The Contractor’s sole remedy in the event of any delay or hindrance shall be to request time extensions by written change orders as provided for hereinafter. Should the Contractor be delayed by an act of the Owner, or should the Owner order a stoppage of the Work for sufficient cause, an extension of time shall be granted by the Owner by written authorization upon written application, which extension shall not be unreasonably denied, to compensate for the delay. 3.1.5 The Owner shall have the authority to suspend the Work wholly or in part for such period or periods of time as it may deem appropriate due to unsuitable conditions considered unfavorable for the proper prosecution of the Work or for the failure of the Contractor to carry out instructions from the Owner or Owner’s representative. During any period in which the Work is stopped or during which any of the Work is not actively in progress for any reason, Contractor shall properly protect the site and the Work from damage, loss or harm. 3.2 SUBSTANTIAL COMPLETION 3.2.1 "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5 Contract that the Owner can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose, even though minor miscellaneous work and/or adjustment may be required. 3.3 TIME IS OF THE ESSENCE 3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract. ARTICLE IV CONTRACT PRICE 4.1 THE CONTRACT PRICE 4.1.1 The Owner shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of $__165,000.00__. The sum set forth in this Paragraph 4.1 shall constitute the Contract Price which shall not be modified except by written Change Order as provided in this Contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 SCHEDULE OF VALUES 5.1.1 Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to the Owner and to the Architect a Schedule of Values allocating the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the Architect or the Owner may require to substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. The violation of this provision by the Contractor shall constitute a material breach of this Contract. The Schedule of Values shall be used only as a basis for the Contractor's Applications for Payment and shall only constitute such basis after it has been acknowledged and accepted in writing by the Architect and the Owner. 5.2 PAYMENT PROCEDURE 5.2.1 The Owner shall pay the Contract Price to the Contractor as provided below. 5.2.2 PROGRESS PAYMENTS - Based upon the Contractor's Applications for Payment submitted to the Architect and upon Certificates for Payment subsequently issued to the Owner by the Architect, the Owner shall make progress payments to the Contractor on account of the Contract Price. 5.2.3 On or before the 25th day of each month after commencement of the Work, the Contractor shall submit an Application for Payment for the period ending the 15th day of the month to the Architect in such form and manner, and with such supporting data and content, as the Owner or the Architect may require. Therein, the Contractor may request payment for ninety percent (90%) of that portion of the Contract Price properly allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Work, less the total amount of previous payments received from the Owner. Such Application for Payment shall be signed by the Contractor and shall constitute the Contractor's representation that the Work has progressed to the level for which payment is requested in accordance with the Schedule of Values, that the Work has been properly installed or performed in full compliance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the Architect will review the Application for Payment and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Application for Payment and is as required by this Contract. The Architect shall determine and certify to the Owner the amount properly owing to the Contractor. The Owner shall make partial payments on account of the Contract Price to the Contractor within thirty (30) days following the Architect's receipt and approval of each Application for Payment. The amount of each partial payment shall be the amount certified for payment by the Architect less such amounts, if any, otherwise owing by the Contractor to the Owner or which the Owner shall have the right to withhold as authorized by this Contract. The Architect's certification of the Contractor's Application for Payment shall not BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6 preclude the Owner from the exercise of any of its rights as set forth in Paragraph 5.3 hereinbelow. 5.2.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which payments have been received from the Owner shall be free and clear of liens, claims, security interest or other encumbrances in favor of the Contractor or any other person or entity whatsoever. 5.2.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which such Subcontractor is entitled. In the event the Owner becomes informed that the Contractor has not paid a Subcontractor as herein provided, the Owner shall have the right, but not the duty, to issue future checks in payment to the Contractor of amounts otherwise due hereunder naming the Contractor and such Subcontractor as joint payees. Such joint check procedure, if employed by the Owner, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the Owner to repeat the procedure in the future. 5.2.6 No progress payment, nor any use or occupancy of the Project by the owner, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. 5.3 WITHHELD PAYMENT 5.3.1 The Owner may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the Owner from loss because of: (a) defective Work not remedied by the Contractor nor, in the opinion of the Owner, likely to be remedied by the Contractor; (b) claims of third parties against the Owner or the Owner's property; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract Price, (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the Owner or a third party to whom the Owner is, or may be, liable. In the event that the Owner makes written demand upon the Contractor for amounts previously paid by the Owner as contemplated in this Subparagraph 5.3.1, the Contractor shall promptly comply with such demand. The Owner shall have no duty to third parties to withhold payment to the Contractor and shall incur no liability for a failure to withhold funds. 5.4 UNEXCUSED FAILURE TO PAY 5.4.1 If within fifteen (15) days after the date established herein for payment to the Contractor by the Owner, the Owner, without cause or basis hereunder, fails to pay the Contractor any amount then due and payable to the Contractor, then the Contractor may after ten (10) additional days' written notice to the Owner and the Architect, and without prejudice to any other available rights or remedies it may have, stop the Work until payment of those amounts due from the Owner have been received. Late payments shall not accrue interest or other late charges. 5.5 SUBSTANTIAL COMPLETION 5.5.1 When the Contractor believes that the Work is substantially complete, the Contractor shall submit to the Architect a list of items to be completed or corrected. When the Architect on the basis of an inspection determines that the Work is in fact substantially complete, it will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Guarantees required by the Contract BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 7 shall commence on the date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. Upon Substantial Completion of the Work, and execution by both the Owner and the Contractor of the Certificate of Substantial Completion, the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100%) of the Contract Price less three hundred percent (300%) of the reasonable cost as determined by the Owner and the Architect for completing all incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling all unsettled claims. 5.6 COMPLETION AND FINAL PAYMENT 5.6.1 When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the Owner and the Architect thereof in writing. Thereupon, the Architect will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Architect will promptly issue a final Certificate for Payment certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the Owner from the Contractor's final payment. 5.6.1.1 If the Contractor fails to achieve final completion within the time fixed therefor by the Architect in its Certificate of Substantial Completion, the Contractor shall pay the Owner the sum set forth hereinabove as liquidated damages per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Owner, estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. 5.6.2 The Contractor shall not be entitled to final payment unless and until it submits to the Architect its affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the Owner, or the Owner's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Architect or the Owner; consent of Surety, if any, to final payment. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the Owner, the Contractor shall furnish a bond satisfactory to the Owner to discharge any such lien or indemnify the Owner from liability. 5.6.3 The Owner shall make final payment of all sums due the Contractor within ten (10) days of the Architect's execution of a final Certificate for Payment. 5.6.4 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the Contractor except for those claims previously made in writing against the Owner by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment. 5.6.5 Under no circumstance shall Contractor be entitled to receive interest on any payments or monies due Contractor by the Owner, whether the amount on which the interest may accrue is timely, late, wrongfully withheld, or an assessment of damages of any kind. BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 8 ARTICLE VI THE OWNER 6.1 INFORMATION, SERVICES AND THINGS REQUIRED FROM OWNER 6.1.1 The Owner shall furnish to the Contractor, at the time of executing this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. Such written and tangible material is furnished to the Contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the Owner does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The Owner shall also furnish surveys, legal limitations and utility locations (if known), and a legal description of the Project site. 6.1.2 Excluding permits and fees normally the responsibility of the Contractor, the Owner shall obtain all approvals, easements, and the like required for construction and shall pay for necessary assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 6.1.3 The Owner shall furnish the Contractor, free of charge, one copy of the Contract Documents for execution of the Work. 6.2 RIGHT TO STOP WORK 6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, or if the best interests of the public health, safety or welfare so require, the Owner may order the Contractor to stop the Work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the Owner orders that Work be resumed. In such event, the Contractor shall immediately obey such order. 6.3 OWNER'S RIGHT TO PERFORM WORK 6.3.1 If the Contractor's Work is stopped by the Owner under Paragraph 6.2, and the Contractor fails within seven (7) days of such stoppage to provide adequate assurance to the Owner that the cause of such stoppage will be eliminated or corrected, then the Owner may, without prejudice to any other rights or remedies the Owner may have against the Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Price the cost of correcting the subject deficiencies, plus compensation for the Architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the Contract Price is insufficient to cover the amount due the Owner, the Contractor shall pay the difference to the Owner. ARTICLE VII THE CONTRACTOR 7.1 The Contractor is again reminded of its continuing duty set forth in Subparagraph 1.5.7. The Contractor shall perform no part of the Work at any time without adequate Contract Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such portion of the Work. If the Contractor performs any of the Work knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.2 The Contractor shall perform the Work strictly in accordance with this Contract. 7.3 The Contractor shall supervise and direct the Work using the Contractor's best skill, effort and attention. The Contractor shall be responsible to the Owner for any and all acts or omissions of the Contractor, its employees and others engaged in the Work on behalf of the Contractor. 7.3.1 The Contractor shall give adequate attention to the faithful prosecution of the Work and the timely completion of this Contract, with authority to determine the manner and means of performing such Work, so long as such methods insure timely completion and proper performance. 7.3.2 The Contractor shall exercise all appropriate means and measures to insure a safe and secure jobsite in order to avoid and prevent injury, damage or loss to persons or property. BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 9 7.4 WARRANTY 7.4.1 The Contractor warrants to the Owner that all labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract. All Work not conforming to these requirements may be considered defective. 7.5 The Contractor shall obtain and pay for all permits, fees and licenses necessary and ordinary for the Work. The Contractor shall comply with all lawful requirements applicable to the Work and shall give and maintain any and all notices required by applicable law pertaining to the Work. 7.6 SUPERVISION 7.6.1 The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Absent written instruction from the Contractor to the contrary, the superintendent shall be deemed the Contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the Owner or the Architect. 7.6.2 Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the Owner agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assume one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 7.6.2 as though such individuals had been listed above. 7.7 The Contractor, within fifteen (15) days of commencing the Work, shall submit to the Owner and the Architect for their information, the Contractor's schedule for completing the Work. The Contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire Project. Each such revision shall be furnished to the Owner and the Architect. Failure by the Contractor to strictly comply with the provisions of this Paragraph 7.7 shall constitute a material breach of this Contract. 7.8 The Contractor shall continuously maintain at the site, for the benefit of the owner and the Architect, one record copy of this Contract marked to record on a current basis changes, selections and modifications made during construction. Additionally, the Contractor shall maintain at the site for the Owner and Architect the approved Shop Drawings, Product Data, Samples and other similar required submittals. Upon final completion of the Work, all of these record documents shall be delivered to the Owner. 7.9 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 7.9.1 Shop Drawings, Product Data, Samples and other submittals from the Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the manner in which the Contractor intends to implement the Work in conformance with information received from the Contract Documents. 7.9.2 The Contractor shall not perform any portion of the Work requiring submittal and review of Shop Drawings, Product Data or Samples unless and until such submittal shall have been approved by the Architect. Approval by the Architect, however, shall not be evidence that Work installed pursuant thereto conforms with the requirements of this Contract. BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 10 7.10 CLEANING THE SITE AND THE PROJECT 7.10.1 The Contractor shall keep the site reasonably clean during performance of the Work. Upon final completion of the Work, the Contractor shall clean the site and the Project and remove all waste, rubbish, temporary structures, and other materials together with all of the Contractor's property therefrom. Contractor shall dispose of all refuse at a Texas Natural Resource Conservation Commission approved landfill. The Contractor shall further restore all property damaged during the prosecution of the Work and shall leave the site in a clean and presentable condition. No additional payment shall be made by the Owner for this work, the compensation having been considered and included in the contract price. 7.11 ACCESS TO WORK AND INSPECTIONS 7.11.1 The Owner and the Architect shall have access to the Work at all times from commencement of the Work through final completion. The Contractor shall take whatever steps necessary to provide access when requested. When reasonably requested by the Owner or the Architect, the Contractor shall perform or cause to be performed such testing as may be necessary or appropriate to insure suitability of the jobsite or the Work’s compliance with the Contract requirements. All overtime incurred by the City for inspection services shall be paid by the Contractor. If not paid, such cost may be deducted from partial payments." 7.12 INDEMNITY AND DISCLAIMER 7.12.1 OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND SHALL BE INDEMNIFIED, DEFENDED, HELD HARMLESS AND RELEASED BY CONTRACTOR FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS, INCLUDING THE CONTRACTOR, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF CONTRACTOR UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF OWNER, WITHOUT, HOWEVER, WAIVING ANY GOVERN-MENTAL IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNI-FICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY EXTENDED BY CONTRACTOR TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF THE CONTRACTOR’S AS WELL AS THE OWNER'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE. 7.12.2 The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and non-contributory as to any insurance maintained by the Owner for its own benefit, including self- insurance. In addition, Contractor shall obtain and file with Owner City of Coppell a Standard Certificate of Insurance and applicable policy endorsement evidencing the required coverage and naming the Owner City of Coppell as an additional insured on the required coverage. 7.12.3 In claims against any person or entity indemnified under this Paragraph 7.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 7.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11 Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 7.13 NONDISCRIMINATION 7.13.1 The Contractor shall not discriminate in any way against any person, employee or job applicant on the basis of race, color, creed, national original, religion, age, sex, or disability where reasonable accommodations can be effected to enable the person to perform the essential functions of the job. The Contractor shall further insure that the foregoing nondiscrimination requirement shall be made a part and requirement of each subcontract on this Project. 7.14 PREVAILING WAGE RATES 7.14.1 The Contractor shall comply in all respects with all requirements imposed by any laws, ordinances or resolutions applicable to the Project with regard to the minimum prevailing wage rates for all classes of employees, laborers, subcontractors, mechanics, workmen and persons furnishing labor and services to the Project. The City of Coppell has adopted a Prevailing Wage Rate Schedule, available to the Contractor by request, which specifies the classes and wage rates to be paid to all persons. The Contractor shall pay not less than the minimum wage rates established thereby for each class, craft or type of labor, workman, or mechanic employed in the execution of this Contract. The failure of the Contractor to comply with this requirement shall result in the forfeiture to the City of Coppell of a sum of not less than Sixty Dollars ($60.00) for each person per day, or portion thereof, that such person is paid less than the prevailing rate. Upon request by the Owner, Contractor shall make available for inspection and copying its books and records, including but not limited to its payroll records, account information and other documents as may be required by the Owner to insure compliance with this provision. 7.15 JOB SITE SAFETY PRECAUTIONS 7.15.1 The Contractor shall at all times exercise reasonable precautions for the safety of its employees, laborers, subcontractors, mechanics, workmen and others on and near the jobsite and shall comply with all laws, ordinances, regulations, and standards of federal, state and local safety laws and regulations. The Contractor shall provide such machinery guards, safe walk-ways, ladders, bridges, and other safety devices as may be necessary or appropriate to insure a safe and secure jobsite and shall require its subcontractors to comply with this requirement. The Contractor shall immediately comply with any and all safety requirements imposed by the Architect during the progress of the Work. 7.16 WARNING DEVICES AND BARRICADES 7.16.1 The Contractor shall furnish and maintain such warning devices, barricades, lights, signs, pavement markings, and other devices as may be necessary or appropriate or required by the Architect to protect persons or property in, near or adjacent to the jobsite, including . No separate compensation shall be paid to the Contractor for such measures. Where the Work is being conducted in, upon or near streets, alleys, sidewalks, or other rights-of-way, the Contractor shall insure the placement, maintenance and operation of any and all such warning devices as may be required by the City of Coppell and shall do so until no longer required by the City. Such devices shall be in compliance with and conform to the manual and specifications for the uniform system of traffic control devices adopted by the Texas Department of Transportation. 7.17 PROTECTION OF UTILITIES AND OTHER CONTRACTORS 7.17.1 The Contractor shall use best efforts to leave undisturbed and uninterrupted all utilities and utility services provided to the jobsite or which presently exists at, above or beneath the location where the Work is to be performed. In the event that any utility or utility service is disturbed or damaged during the progress of the Work, the Contractor shall forthwith repair, remedy or restore the utility at Contractor’s sole expense. 7.17.2 The Contractor understands and acknowledges that other contractors of the Owner or of other entities may be present at the jobsite performing other work unrelated to the Project. The Contractor shall use best efforts to work around other contractors without impeding the work of others while still adhering to the completion date established herein. In the event that the Contractor’s work is or may be delayed by any other person, the Contractor shall immediately give notice thereof to the Architect and shall request a written Change Order in accordance with the procedures set forth by this BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 12 Contract. The Contractor’s failure to provide such notice and to request such Change Order shall constitute a waiver of any and all claims associated therewith. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 THE ARCHITECT 8.1.1 When used in this Contract the term “Architect” does not necessarily denote a duly licensed, trained or certified architect; as used herein, the term shall be used interchangeably and shall mean a designated Architect, Engineer, or Contract Administrator (who may not be an architect or engineer) for the Owner, said person to be designated or redesignated by the Owner prior to or at any time during the Work hereunder. The Architect may be an employee of the Owner or may be retained by the Owner as an independent contractor but, in either event, the Architect’s duties and authority shall be as set forth hereinafter. The Contractor understands and agrees that it shall abide by the decisions and instructions of the Architect notwithstanding the contractual relationship between the Owner and Architect. All of the Owner’s instructions to the Contractor shall be through the Architect. In the event the Owner should find it necessary or convenient to replace the Architect, the Owner shall retain a replacement Architect and the status of the replacement Architect shall be that of the former Architect. 8.2 ARCHITECT'S ADMINISTRATION 8.2.1 The Architect, unless otherwise directed by the Owner in writing, will perform those duties and discharge those responsibilities allocated to the Architect as set forth in this Contract. The Architect shall be the Owner's representative from the effective date of this Contract until final payment has been made. 8.2.2 The Owner and the Contractor shall communicate with each other in the first instance through the Architect. 8.2.3 The Architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Architect shall render written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness on request of the Contractor. 8.2.4 The Architect will review the Contractor's Applications for Payment and will certify to the Owner for payment to the Contractor, those amounts then due the Contractor as provided in this Contract. 8.2.5 The Architect shall have authority to reject Work which is defective or does not conform to the requirements of this Contract. If the Architect deems it necessary or advisable, the Architect shall have authority to require additional inspection or testing of the Work for compliance with Contract requirements. 8.2.6 The Architect will review and approve, or take other appropriate action as necessary, concerning the Contractor's submittals including Shop Drawings, Product Data and Samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the Contract Documents. 8.2.7 The Architect will prepare Change Orders and may authorize minor changes in the Work by Field Order as provided elsewhere herein. 8.2.8 The Architect shall, upon written request from the Contractor, conduct inspections to determine the date of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records, written warranties and related documents required by this Contract and will issue a final Certificate for Payment upon compliance with the requirements of this Contract. 8.2.9 The Architect's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of this Contract. 8.3 CLAIMS BY THE CONTRACTOR 8.3.1 The Architect shall determine all claims and matters in dispute between the Contractor and Owner with regard to the execution, progress, or sufficiency of the Work or the interpretation of the Contract Documents, including but not limited to the BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13 plans and specifications. Any dispute shall be submitted in writing to the Architect within seven (7) days of the event or occurrence or the first appearance of the condition giving rise to the claim or dispute who shall render a written decision within a reasonable time thereafter. The Architect’s decisions shall be final and binding on the parties. In the event that either party objects to the Architect’s determination as to any submitted dispute, that party shall submit a written objection to the Architect and the opposing party within ten (10) days of receipt of the Architect’s written determination in order to preserve the objection. Failure to so object shall constitute a waiver of the objection for all purposes. 8.3.2 Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Contractor in accordance with this Contract. 8.3.3 CLAIMS FOR CONCEALED, LATENT OR UNKNOWN CONDITIONS - The Contractor expressly represents that it has been provided with an adequate opportunity to inspect the Project site and thoroughly review the Contract Documents and plans and specifications prior to submission of its bid and the Owner’s acceptance of the bid. Subject to the conditions hereof, Contractor assumes full responsibility and risk for any concealed, latent or unknown condition which may affect the Work. No claims for extra work or additional compensation shall be made by Contractor in connection with concealed, latent or unknown conditions except as expressly provided herein. Should concealed, latent or unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure be at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in Work of the character provided for in this Contract, be encountered, the Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by either party made within seven (7) days after the first observance of the condition. As a condition precedent to the Owner having any liability to the Contractor for concealed or unknown conditions, the Contractor must give the Owner and the Architect written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure by the Contractor to make the written notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor of any claim arising out of or relating to such concealed, latent or unknown condition and the Contractor thereby assumes all risks and additional costs associated therewith. 8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the Contractor wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefor, the Contractor shall give the Architect written notice of such claim within seven (7) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be given by the Contractor before proceeding to execute any additional or changed Work. The failure by the Contractor to give such notice and to give such notice prior to executing the Work shall constitute a waiver of any claim for additional compensation. 8.3.4.1 In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's costs shall be strictly limited to direct costs incurred by the Contractor and shall in no event include indirect costs or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third parties, including Subcontractors. The Owner shall not be liable to the Contractor for any claims based upon delay to the Contractor for any reason whatsoever including any act or neglect on the part of the Owner. 8.3.5 CLAIMS FOR ADDITIONAL TIME - If the Contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the Owner or someone acting in the Owner's behalf, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipated, fire or any causes beyond the Contractor's control, then the date for achieving Substantial Completion of the Work shall be extended upon the written notice and claim of the Contractor to the Owner and the Architect, for such reasonable time as the Architect may determine. Any notice and claim for an extension of time by the Contractor shall be made not more than seven (7) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14 Project. In the event the delay to the Contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the Contractor fails to make such claim as required in this Subparagraph, any claim for an extension of time shall be waived. The procedures and remedies provided by this provision shall be the sole remedy of Contractor and Contractor shall not assert nor be entitled to any additional delays or damages associated therewith. 8.4 FIELD ORDERS 8.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or in Contract Time and not inconsistent with the intent of the Contract. Such changes shall be effected by Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field Orders promptly. 8.5 MEDIATION 8.5.1 In the event that a dispute arises under the terms of this Contract, following an adverse determination by the Architect and proper preservation of the issue as required herein, the parties agree to submit to mediation. In such event, the parties shall agree to a designated person to serve as mediator and each party shall be responsible for payment of one-half of the total mediation fees. The parties shall submit the dispute to mediation as soon as practical and in no event later than one (1) year after the Architect’s written decision on the matter. At least one designated representative of each party must attend and participate in good faith in an effort to resolve the matters in dispute. 8.5.2 In no event shall the foregoing provision justify or authorize any delay in the progress of the Work; the parties shall abide by the decision of the Architect in accomplishing the timely completion of the Project. ARTICLE IX SUBCONTRACTORS 9.1 DEFINITION 9.1.1 A Subcontractor is an entity which has a direct contract with the Contractor to perform a portion of the Work. No Subcontractor shall be in privity with the Owner. 9.2 AWARD OF SUBCONTRACTS 9.2.1 Upon execution of the Contract, the Contractor shall furnish the Owner, in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor on the Project. The Owner shall promptly reply to the Contractor, in writing, stating any objections the Owner may have to such proposed Subcontractor. The Contractor shall not enter into a subcontract with a proposed Subcontractor with reference to whom the Owner has made timely objection. The Contractor shall not be required to subcontract with any party to whom the Contractor has objection. 9.2.2 All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the Owner against the Contractor herein, including those rights afforded to the Owner by Subparagraph 12.2.1 below. All subcontracts shall incorporate by reference the provisions hereof and shall provide that no claims, causes or demands shall be made by any Subcontractor against the Owner. 9.2.3 The Contractor shall indemnify, defend and hold harmless the Owner from and against any and all claims, demands, causes of action, damage, and liability asserted or made against the Owner by or on behalf of any Subcontractor. ARTICLE X CHANGES IN THE WORK 10.1 CHANGES PERMITTED 10.1.1 Changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this Contract, by Change Order or by Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of this Contract and the Contractor shall proceed promptly with such changes. BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15 10.2 CHANGE ORDER DEFINED 10.2.1 Change Order shall mean a written order to the Contractor executed by the Owner and the Architect, issued after execution of this Contract, authorizing and directing a change in the Work or an adjustment in the Contract Price or the Contract Time, or any combination thereof. The Contract Price and the Contract Time may be changed only by written Change Order. 10.3 CHANGES IN THE CONTRACT PRICE 10.3.1 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (a) by mutual agreement between the Owner and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2) such change in the Contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs between the Owner and the Contractor, then, as provided in Subparagraph 10.3.2 below. 10.3.2 If no mutual agreement occurs between the Owner and the Contractor as contemplated in Subparagraph 10.3.1 above, the change in the Contract Price, if any, shall then be determined by the Architect on the basis of the reasonable expenditures or savings of those performing, deleting or revising the Work attributable to the change, including, in the case of an increase or decrease in the Contract Price, a reasonable allowance for direct job site overhead and profit. In such case, the Contractor shall present, in such form and with such content as the Owner or the Architect requires, an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a Change Order. Reasonable expenditures or savings shall be limited to the following: reasonable costs of materials, supplies, or equipment including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether rented from the Contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related to the Work, and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change. In no event shall any expenditure or savings associated with the Contractor's home office or other non-jobsite overhead expense be included in any change in the Contract Price. Pending final determination of reasonable expenditures or savings to the Owner, payments on account shall be made to the Contractor on the Architect's Certificate for Payment. 10.3.3 If unit prices are provided in the Contract, and if the quantities contemplated are so changed in a proposed Change Order that application of such unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or to the Contractor, the applicable unit prices shall be equitably adjusted. 10.4 MINOR CHANGES 10.4.1 The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or an extension of the Contract Time and not inconsistent with the intent of this Contract. Such minor changes shall be made by written Field Order, and shall be binding upon the owner and the Contractor. The Contractor shall promptly carry out such written Field Orders. 10.5 EFFECT OF EXECUTED CHANGE ORDER 10.5.1 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 10.6 NOTICE TO SURETY; CONSENT 10.6.1 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the Contractor's surety or by law. The Contractor's execution of the Change Order shall constitute the Contractor's warranty to the Owner that the surety has been notified of and consents to, such Change Order and the surety shall be conclusively deemed to have been BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16 notified of such Change Order and to have expressly consented thereto. ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 UNCOVERING WORK 11.1.1 If any of the Work is covered contrary to the Architect's request or to any provisions of this Contract, it shall, if required by the Architect or the Owner, be uncovered for the Architect's inspection and shall be properly replaced at the Contractor's expense without change in the Contract Time. 11.1.2 If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 above, it shall, if required by the Architect or Owner, be uncovered for the Architect's inspection. If such Work conforms strictly with this Contract, costs of uncovering and proper replacement shall by Change Order be charged to the Owner. If such Work does not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and proper replacement. 11.2 CORRECTING WORK 11.2.1 The Contractor shall immediately proceed to correct Work rejected by the Architect as defective or failing to conform to this Contract. The Contractor shall pay all costs and expenses associated with correcting such rejected Work, including any additional testing and inspections, and reimbursement to the Owner for the Architect's services and expenses made necessary thereby. 11.2.2 If within one (1) year after Substantial Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the Owner. This obligation shall survive final payment by the Owner and termination of this Contract. With respect to Work first performed and completed after Substantial Completion, this one year obligation to specifically correct defective and nonconforming Work shall be extended by the period of time which elapses between Substantial Completion and completion of the subject Work. 11.2.3 Nothing contained in this Paragraph 11.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 OWNER MAY ACCEPT DEFECTIVE OR NONCONFORMING WORK 11.3.1 If the Owner chooses to accept defective or nonconforming Work, the Owner may do so. In such event, the Contract Price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the Owner for its acceptance of defective or nonconforming Work, the Contractor shall, upon written demand from the Owner, pay the Owner such remaining compensation for accepting defective or nonconforming Work. ARTICLE XII CONTRACT TERMINATION 12.1 TERMINATION BY THE CONTRACTOR 12.1.1 If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon ten (10) days' written notice to the Owner and the Architect, terminate performance under this Contract and recover from the Owner payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the Work, less any salvage value of any such items. 12.1.2 If the Owner shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of fifteen (15) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17 terminate performance under this Contract by written notice to the Architect and the Owner. In such event, the Contractor shall be entitled to recover from the Owner as though the Owner had terminated the Contractor's performance under this Contract for convenience pursuant to Subparagraph 12.2.1 hereunder. 12.2 TERMINATION BY THE OWNER 12.2.1 FOR CONVENIENCE 12.2.1.1 The Owner may for any reason whatsoever terminate performance under this Contract by the Contractor for convenience. The Owner shall give written notice of such termination to the Contractor specifying when termination becomes effective. 12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The Owner may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to the Owner or its designee. 12.2.1.3 The Contractor shall transfer title and deliver to the Owner such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. 12.2.1.4 (a) The Contractor shall submit a termination claim to the Owner and the Architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Architect. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the Owner shall pay the Contractor, an amount derived in accordance with subparagraph (c) below. (b) The Owner and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (c) Absent agreement to the amount due to the Contractor, the Owner shall pay the Contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this Contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for overhead and profit thereon (such profit shall not include anticipated profit or consequential damages), provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 12.2.1.2 of this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 FOR CAUSE 12.2.2.1 If the Contractor persistently or repeatedly refuses or fails to prosecute the Work in a timely manner, abandons the jobsite and fails to resume work within five (5) days of written notice thereof by the Owner, fails to grant or allow access to the jobsite by the Owner or Architect, fails to supply enough properly skilled workers, supervisory personnel or proper equipment or materials, fails to make prompt payment to Subcontractors or for BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18 materials or labor, persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a violation of a material provision of this Contract, then the Owner may by written notice to the Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. 12.2.2.2 If the unpaid balance of the Contract Price does not exceed the cost of finishing the work, including compensation for the Architect's additional services and expenses made necessary thereby, such difference shall be paid by the Contractor to the Owner. This obligation for payment shall survive the termination of the Contract. 12.2.2.3 In the event the employment of the Contractor is terminated by the Owner for cause pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1 CONTRACTOR SHALL MAINTAIN INSURANCE 13.1.1 The Contractor at his own expense shall purchase, maintain and keep in force during the life of this contract, adequate insurance that will protect the Contractor and/or any Additional Insured from claims which may arise out of or result from operations under this contract. The insurance required shall provide adequate protections from all claims, whether such operations be by the Contractor or by any Additional Insured or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone whose acts of any of them may be liable and from any special hazards, such as blasting, which may be encountered in the performance of this contract in the amounts as shown below in Paragraph 13.2.1. 13.1.2 The Contractor shall not commence work on any Contract in the City of Coppell until the Contractor has obtained all the insurance required under this paragraph and such insurance has been approved by the City. 13.2 TYPES AND AMOUNTS OF CONTRACTOR’S INSURANCE 13.2.1. The Contractor shall furnish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) Insurance in such amounts as follows: Type of Insurance Amount Worker's Compensation as set forth in the Worker's Compensation Act. Commercial General $1,000,000 Each Accident/Occurrence. Liability (Public) $1,000,000 Aggregate $1,000,000 Products & Completed Operations Aggregate. Owner’s Protective $600,000 per occurrence Liability Insurance $1,000,000 aggregate Excess/Umbrella Liability $1,000,000 per occurrence w/drop down coverage Endorsement CG 2503 Amendment Aggregate Limit of Insurance per Project or Owner's and Contractor's Protective Liability Insurance for the Project. Automobile Liability $500,000 Combined single limit per occurrence. 13.3 ADDITIONAL INSURED The Owner shall be named as an additional insured on the Commercial General Liability (Public), BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19 Owner’s Protective Liability, and Excess/Umbrella Liability Insurance Policies furnished by the Contractor. 13.4 WRITTEN NOTIFICATION Each insurance policy shall contain a provision requiring that thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverage, a notice there of shall be given by certified mail to the Division of Purchasing, City of Coppell, 255 Parkway Blvd., Coppell, Texas, 75019. 13.5 PREMIUMS AND ASSESSMENTS Companies issuing the insurance policies shall have no recourse against the City for payment of any premiums or assessments for any deductibles which are at the sole responsibility and risk of the Contractor. 13.6 CERTIFICATE OF INSURANCE Proof that the insurance is in force shall be furnished to the City on City of Coppell Standard Certificate of Insurance Forms. In the event any insurance policy shown on the Certificate of Insurance has an expiration date that is prior to the completion and final acceptance of the project by the City of Coppell, the contractor shall furnish the City proof of identical continued coverage no later than thirty(30) days prior to the expiration date shown on the Certificate of Insurance. 13.7 PRIMARY COVERAGE The coverages provided herein shall be primary and noncontributory with any other insurance maintained by the City of Coppell, Texas, for its benefit, including self insurance. 13.8 WORKER’S COMPENSATION INSURANCE COVERAGE 13.8.1 The Contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 20 population. The text for the notices shall be the following text provided by the Texas Worker’s Compensation Comm- ission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the Contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by sub- paragraphs (A) - (H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. ARTICLE XIV MISCELLANEOUS 14.1 LAWS AND ORDINANCES 14.1.1 The Contractor shall at all times and in all respects observe and comply with all federal, state and local laws, ordinances, and regulations applicable to the Project and Work. The Contractor shall further BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21 insure that all Subcontractors observe and comply with said laws, ordinances and regulations. 14.2 GOVERNING LAW 14.2.1 The Contract shall be governed by the laws of the State of Texas. Venue for any causes of action arising under the terms or provisions of this Contract or the Work to be performed hereunder shall be in the courts of Dallas County, Texas. 14.3 SUCCESSORS AND ASSIGNS 14.3.1 The Owner and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without written consent of the Owner. 14.4 SURETY BONDS 14.4.1 If the Contract Price exceeds the sum of $50,000.00, the Contractor shall furnish separate performance and payment bonds to the Owner, according to the requirements set out in the bid documents and state statutes to guaranty full and faithful performance of the Contract and the full and final payment of all persons supplying labor or materials to the Project. Each bond required by the bid documents or state statute shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be in form suitable to the Owner and shall be executed by a surety, or sureties, reasonably suitable to the Owner and authorized to do business in the State of Texas by the State Board of Insurance. 14.4.2 If the Contract Price exceeds the sum of $50,000.00, the Contractor, upon execution of the Contract and prior to commencement of the Work, shall furnish to the Owner a two-year maintenance bond in the amount of one hundred percent (100%) of the Contract Price covering the guaranty and maintenance prescribed herein, written by an approved surety authorized and duly licensed to conduct business in the State of Texas. The cost of said maintenance bond shall be included in the Contractor’s unit bid prices and shall be paid by the Contractor. 14.5 SEVERABILITY 14.5.1 The provisions of this Contract are herein declared to be severable; in the event that any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract shall be read as if the invalid, void or unenforceable portion had not be included herein. 14.6 AMENDMENTS 14.6.1 This Contract may be amended by the parties only by a written agreement duly executed by both parties. The failure of the Owner to object to any nonperformance or nonconforming work or to enforce any provision hereof shall in no event be regarded as or construed to be a waiver, release or modification of any term or provision in this Contract, nor shall such failure to object or enforce estop the Owner from insisting on strict compliance with this Contract or from recovering damages, costs or expenses arising as a result of such nonperformance or nonconforming work. 14.7 NOTICES 14.6.1 All notices required by this Contract shall be presumed received when deposited in the mail properly addressed to the other party or Architect at the address set forth herein or set forth in a written designation of change of address delivered to all parties and the Architect. BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22 EXECUTED in single or multiple originals, this _____ day of ______________, 20____. CITY OF COPPELL CONTRACTOR: APPROVED: ___________________________________ _________________________________ City Manager (Signature) _________________________________ (Type/Print Name and Title) ATTEST: __________________________________ (Street Address) ___________________________________ __________________________________ City Secretary (City/State/Zip) BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23 CORPORATE ACKNOWLEDGMENT THE STATE OF ____________________ COUNTY OF ______________________ BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared: _______________________________ _______________________________ (Print Name) (Print Title) of _____________________________, the Contractor designated hereinabove, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he executed the same as the act and deed of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of ________________, A.D., 20__. __________________________________________ Notary Public In and For __________________County, _________________ My Commission expires: _________________ CITY MANAGER’S ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he/she was duly authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he/she executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________, A.D., 20___. __________________________________ Notary Public in and for the State of Texas My Commission expires: __________________ BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 24 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: That ________________________________________________________________whose address is ______________________________________________________________________________ hereinafter called Principal, and ____________________________________________________, a corporation organized and existing under the laws of the State of _______________ and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL, TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Owner”, in the penal sum of ___________________________________ ________________________________________________ dollars ($_____________ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of ___________, 2006, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the : FACILITIES STORAGE EXPANSION Bid No. _Q-0812-01_ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default of deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 25 PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract or to the Work performed thereunder, or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statues of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in ___________copies, each one of which shall be deemed an original, this, the__________ day of ________________., 20___. PRINCIPAL SURETY ___________________________________ By: __________________________ By: Title ______________________________ Title: ATTEST: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: _________________________________________________________________________ ADDRESS __________________________________________________________________ NOTE: Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name. BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 26 PAYMENT BOND STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: That ________________________________________________________________whose address is ______________________________________________________________________________ hereinafter called Principal, and ____________________________________________________, a corporation organized and existing under the laws of the State of _______________ and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL, TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Owner”, in the penal sum of ___________________________________ ________________________________________________ dollars ($_____________ ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of ___________, 2006, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of the : FACILITIES STORAGE EXPANSION Bid No. __Q-0812-01__ NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made. notice of which modification to the Surety is hereby expressly waived; the this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. BID Q-0812-01 FACILITIES STORAGE EXPANSION CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 27 This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated Civil Statutes, and any other applicable statues of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in ___________copies, each one of which shall be deemed an original, this, the__________ day of ________________., 20___. PRINCIPAL SURETY ___________________________________ By: __________________________ By: Title ______________________________ Title: ATTEST: ATTEST: The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME: _________________________________________________________________________ ADDRESS __________________________________________________________________ NOTE: Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name. $14,795.94 $13,891.74 $18,631.09 $3,562.36 $1,125.51 $3,183.50 $4,800.00 Amount $14,795.94 $13,891.74 $18,631.09 $1,781.18 $1,125.51 $3,183.50 $1,600.00 Price/Rate 1.00 1.00 1.00 2.00 1.00 1.00 3.00 Quantity/H Fire Station 1 new PA, speakers Fire Station 2 new PA, speakers Fire Station 3 and Training new PA, speakers UPS 3 KVA UPS 1.5 KVA Install radio, tone remote and tone term panel Radio interface to PA and optimization Description $59,990.14Amount Due $0.00Shipping Cost $0.00Discount $59,990.14Sub Total $59,990.14Total Station PA Systems Project Aaron Klause Service RepCustomer #TermsPO Number Ship To Brad Simpkins Coppell Fire Dept Bill To 8/15/2012Date EA160Number EstimateCity of Carrollton Radio Operations 1420 Hutton Dr. Carrollton, Texas 75006 972-466-5777 Quote is valid for 60 days Station 121 QTY Description Apparatus Bay 6 Sonance CM860 Commercial In Ceiling Speaker Watch Office Middle Atlantic SRSR Series 19" Rotating Sliding Rail System 1 Middle Atlantic Rack Accessories - Shelves, blanks, and hardware Captain's Office 2 Sonance CM660 Commercial In Ceiling Speaker - ( 1 @ Office, 1 @ Bathroom ) 2 Bogen 35W Wall Mounted Volume Control - w/ bypass Outside of Apparatus Bays 1 Sonance COMMERCIAL SERIES FMS530 Surface Mount 70V / 8ohm Outdoor Patio 1 Sonance COMMERCIAL SERIES FMS530 Surface Mount 70V / 8ohm Dining Area / Kitchen 2 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Living Area 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Exercise Room 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Training Room 1 Sonance CM660 Commercial In Ceiling Speaker 175.00 175.00 1 Bogen 35W Wall Mounted Volume Control - w/ bypass 48.50 48.50 Bathroom 1 Sonance CM660 Commercial In Ceiling Speaker 175.00 175.00 1 Bogen 35W Wall Mounted Volume Control - w/ bypass 48.50 48.50 Sleeping Quarters 2 Sonance CM660 Commercial In Ceiling Speaker 175.00 350.00 1 Bogen 35W Wall Mounted Volume Control - w/ bypass 48.50 48.50 Batallion Chief's Quarters 1 Sonance CM660 Commercial In Ceiling Speaker 175.00 175.00 1 Bogen 35W Wall Mounted Volume Control - w/ bypass 48.50 48.50 Audio Amplifier Head End 2 Crown 160 Watt 70v/100v Single Channel / 4 Input Mixer Amplifier 716.00 1,432.00 2 Crown 80 Watt 70v/100v Single Channel / 4 Input Mixer Amplifier 325.00 650.00 Installation 15 Prewire Services - Installation labor for pulling wire to speakers and volume controls 47 Labor for Installation Services 1 Wire, Connectors, and Materials Station 122 QTY Apparatus Bay 6 Sonance CM860 Commercial In Ceiling Speaker Watch Office 1 Middle Atlantic SRSR Series 19" Rotating Sliding Rail System 1 Middle Atlantic Rack Accessories - Shelves, blanks, and hardware Captain's Office 2 Sonance CM660 Commercial In Ceiling Speaker - ( 1 @ Office, 1 @ Bathroom ) 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Outside of Apparatus Bays 1 Sonance COMMERCIAL SERIES FMS530 Surface Mount 70V / 8ohm Outdoor Patio 1 Sonance COMMERCIAL SERIES FMS530 Surface Mount 70V / 8ohm Dining Area / Kitchen 2 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Living Area ( Day Room ) 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Exercise Room 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Training Room 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Bathroom 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Sleeping Quarters 2 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Audio Amplifier Head End 2 Crown 160 Watt 70v/100v Single Channel / 4 Input Mixer Amplifier 1 Crown 80 Watt 70v/100v Single Channel / 4 Input Mixer Amplifier Installation 15 Prewire Services - Installation labor for pulling wire to speakers and volume controls 47 Labor for Installation Services 1 Wire, Connectors, and Materials Station 123 and Training QTY Apparatus Bay 6 Sonance CM860 Commercial In Ceiling Speaker Watch Office 1 Middle Atlantic SRSR Series 19" Rotating Sliding Rail System 1 Middle Atlantic Rack Accessories - Shelves, blanks, and hardware Captain's Office 3 Sonance CM660 Commercial In Ceiling Speaker - ( 1 @ Office, 1 @ Bathroom ) 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Outside of Apparatus Bays 1 Sonance COMMERCIAL SERIES FMS530 Surface Mount 70V / 8ohm Outdoor Patio 2 Sonance COMMERCIAL SERIES FMS530 Surface Mount 70V / 8ohm Dining Area / Kitchen 2 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Living Area ( Lounge ) 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Exercise Room 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Training Room 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Bathroom 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Sleeping Quarters 2 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Laundry Room 1 Sonance CM660 Commercial In Ceiling Speaker 1 Bogen 35W Wall Mounted Volume Control - w/ bypass Audio Amplifier Head End 2 Crown 160 Watt 70v/100v Single Channel / 4 Input Mixer Amplifier 1 Crown 80 Watt 70v/100v Single Channel / 4 Input Mixer Amplifier Public Training Room 6 Sonance CM660 Commercial In Ceiling Speaker 1 Crown 160 Watt 70v/100v Single Channel / 4 Input Mixer Amplifier 2 Bogen 35W Wall Mounted Volume Control - w/ bypass Installation 15 Prewire Services - Installation labor for pulling wire to speakers and volume controls 57 Labor for Installation Services 1 Wire, Connectors, and Materials Quantity Price/Unit Amount 1 $305.00 $305.00 1 $350.00 $350.00 1 $85.00 $85.00 150 $1.55 $232.50 1 $110.00 $110.00 1 $125.00 $125.00 2 $62.00 $124.00 2 $20.00 $40.00 8 $14.00 $112.00 $0.00 1 $1,700.00 $1,700.00 $3,183.50 800 MHz, Omni-directional, Exterior Antenna LMR-600 Trasmission Line Antenna Mounting Hardware Interior Installation Supplies (wall plates, bulkhead conn, etc) Polyphaser, trans. Line surge protection Coax grounding kit RF Connectors Install labor Coppell Fire Training Base Station Description Tone Termination Panel Tone Remote Control Deskset ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Coppell, Texas, has submitted to the City Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 2012-2013; and WHEREAS, the City Council of the City of Coppell has received the proposed budget, a copy of which proposed budget and all supporting schedules have been filed with the City Secretary of the City of Coppell; and WHEREAS, the City Council has conducted the necessary public hearings as required by law; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the proposed budget of the revenues of the City of Coppell and the expenditures of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal year beginning October 1, 2012, and ending September 30, 2013 as submitted to the City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current revenues and expenditures of the City for the fiscal year beginning October 1, 2012, and ending September 30, 2013. SECTION 2. That the sum of $92,630,485 is hereby appropriated for the expenditures established in the approved budget, attached hereto as Exhibit “A” and made part hereof for all purposes. SECTION 3. That the City Council reserves the authority to transfer designated appropriations to any individual department or activity. SECTION 4. That all notices and public hearings required by law have been duly completed. SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of the Ordinance shall remain in full force and effect. SECTION 6. 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 thereof decided to be unconstitutional, illegal or invalid. SECTION 7. This Ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 11th day of September, 2012. APPROVED: ___________________________ KAREN SELBO HUNT MAYOR ATTEST: ___________________________ CHRISTEL PETTINOS CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY CITY OF COPPELL, TEXAS ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2012-2013 This budget will raise more total property taxes than last year’s budget by $189,942 or 0.58% and of that amount $276,920 is tax revenue to be raised from new property added to the roll this year. ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 2012 AT A RATE OF .67046 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF JANUARY 1, 2012; TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the property tax rate for the year 2012-2013 will be decreased by the adoption of $0.67046, which is lower than the tax rate adopted for the previous fiscal year. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That there be and is hereby levied for the year 2012 on all taxable property, real, personal and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the Constitution of the State and valid State laws, a tax of .67046 on each One Hundred Dollars ($100) assessed value of taxable property, and shall be apportioned and distributed as follows: a) For the PURPOSE of defraying the current expenses of the municipal government of the City, a tax of $.46571 on each One Hundred Dollars ($100) assessed value of all taxable property. b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all outstanding bonds of the City, not otherwise provided for, a tax of $.20475 on each One Hundred Dollars ($100) assessed value of all taxable property, within the City which shall be applied to the payment of such interest and maturities of all outstanding bonds. SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2012 and all ad valorem taxes for the year shall become delinquent after January 31, 2013. There shall be no discount for payment of taxes prior to said January 31, 2013. A delinquent tax shall incur all penalty and interest authorized by law (Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent (12%) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue interest at a rate of one percent for each month or portion of a month the tax remains unpaid. An additional penalty on delinquent personal property taxes for tax years 2012 and subsequent years is hereby authorized and imposed as provided by Section 33.11. TEXAS PROPERTY TAX CODE, in the amount of twenty percent (20%) of the delinquent tax, penalty and interest if tax becomes delinquent on February 1 of a year and remains delinquent on the 60th day thereafter. Taxes that remain delinquent on July 1, 2013, incur an additional penalty not to exceed twenty percent of the amount of taxes, penalty, and interest due; such additional penalty is to defray costs of collection due to contract with the City’s Attorney pursuant to Section 6.30 and Section 33.07 of the Property Tax Code, as amended. Taxes for the year 2012 and taxes for all future years that remain delinquent on or after June 1 under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in an amount not to exceed twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax code Section 6.30 and Section 33.08, as amended. SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax Assessor/Collector. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 4. That the tax rolls, as presented to the City Council together with any supplement thereto, be, and the same are hereby approved. SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the collection of ad valorem taxes for the year 2012, this ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 11th day of September, 2012. APPROVED: ___________________________ KAREN SELBO HUNT MAYOR ATTEST: ___________________________ CHRISTEL PETTINOS CITY SECRETARY APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY ITEM # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Minyard Addition, Lot 4R1, Block 1, Replat P&Z HEARING DATE: August 16, 2012 C.C. HEARING DATE: September 11, 2012 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: 849 Freeport Parkway SIZE OF AREA: 6.9 acres of property CURRENT ZONING: PD-229R-LI (Planned Development-229 Revised-Light Industrial) REQUEST: A replat to relocate and abandon various fire lane easements to permit the retention of the existing 12,500-square-foot building and to construct 252 car parking spaces and 60 trailer storage spaces with a masonry screening wall. APPLICANT: Owner: Engineer: KTR Coppell, L.L.C. Eric Shutt 300 Barr Harbor Drive Jones & Carter Conshohocken, PA 19428 6509 Windcrest Drive, Suite 600 484-530-1800 Plano, Texas 75024 eshutt@jonescarter.com HISTORY: The original warehouse and office buildings were constructed in 1980. In 1996 a site plan and plat were approved to allow the expansion of the existing office/warehouse facility which included the construction of a 240,000-square- foot warehouse. This approval was subject to several conditions: ¾ The Board of Adjustment granting a Special Exception allowing reduction in the amount of parking to be provided. A 242 parking space variance was granted on September 12, 1996, and, ¾ Asphalt fire lanes were permitted for a period not to exceed four years. In 2007, Council approved a PD for this property which allowed the renovation, retention and expansion of the existing office/warehouse and office buildings and allowed the construction of four office/warehouse buildings, totaling approximately 503,250 square feet. This PD incorporated the parking variances approved by the Board, but required the asphalt fire lanes to be replaced with concrete. Shortly thereafter, the replica Minyard Grocery Store was moved from this site to the corner of Bethel and Coppell Roads in Old Coppell. ITEM # 4 Page 2 of 3 In July 2008, Council approved an amendment to this PD to allow a revised monument sign package which included the 14-foot tall monument sign at the corner of Freeport and Bethel Roads, a 60-square-foot sign on Lot 2 and two multi-tenant industrial park signs. The Detail Site Plan approved in 2007 provided for the removal of the existing 12,500-square-foot truck service building and the construction of a 90,000- square-foot office/warehouse building (50% office/50% warehouse) and 195 parking spaces on the subject tract. This property was also replatted in 2007 to establish various utility and fire lane easements to support the redevelopment of this site. However, these easements conflict with the development of this site as currently proposed, and therefore needs to be replatted. On August 14 of this year Council approved a rezoning request to amend Lot 4 of this PD to allow the retention of the existing 12,500-square-foot building and to construct 252 car parking spaces and 60 trailer storage spaces screened with a masonry wall to serve two major tenants of this development. TRANSPORTATION: Bethel Road is a four-lane divided thoroughfare built within 90 feet of right-of-way. Freeport Parkway is a four-lane divided thoroughfare built within 90 feet of right-of- way. SURROUNDING LAND USE & ZONING: North – office; PD-229R-LI, South – truck service building; PD-229R-LI, East – office/warehouse; LI (light Industrial) West – office/warehouse; PD-229R-LI, COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area as Industrial Special District DISCUSSION: As stated in the History Section, when this property was rezoned in 2007, it was also replatted to establish various easements to support the redevelopment of this site for a 90,000-square-foot office/warehouse use. Given that the existing building will now be retained, and additional paving and screening are being provided to allow for an increase in vehicle and trailer storage, portions of the platted fire lane may be abandoned. As indicated on the proposed replat, the two north-south fire lanes are being abandoned while the east-west connections from Freeport Parkway to the existing warehouse facilities are being retained. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Minyard Addition, Lot 4R1, Block 1, Replat, with no conditions. ITEM # 4 Page 3 of 3 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat ITEM # 6 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-214R6-C, Arbor Manor Retail (Jersey Mikes) P&Z HEARING DATE: August 16, 2012 C.C. HEARING DATE: September 11, 2012 STAFF REP.: Matt Steer, City Planner LOCATION: 143 S. Denton Tap Road SIZE OF AREA: 1.5 acres of property CURRENT ZONING: PD-214R5-C (Planned Development-214 Revision 5-Commercial) REQUEST: A zoning change to PD-214R6-C (Planned Development-214 Revision 6- Commercial), to allow an additional 1,500-square-foot restaurant within a retail building. APPLICANT: Developer: Representative: Hermansen Land Development G&A Consultants, inc. Michael Herrera Randi Rivera 5944 Luther Lane, Ste. 725 111 Hillside Drive Dallas, Texas 75225 Lewisville, Texas 75057 Phone: (214) 373-4202 (972) 436-9712 michael@hermansenlanddevelopment.com randi@gacon.com HISTORY: On May 8, 2007, PD-214R2-SF-9&C (Planned Development-214 Revision-2- Single-Family-9 & Commercial) was approved allowing for a Concept Site Plan for the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road. Tree mitigation and retribution for the overall tract was determined at that time. On October 12, 2010, Council approved a Detail Plan to allow the construction of a 4,639-square-foot medical office building on the first commercial component of the conceptual planned development for Arbor Manors. The only access approved at that time was from Bethel School Road. Subsequently, with the approval of PD-214R5-C in February 2012, an additional access point was approved. This will serve both the medical office user to the south and the subject property. The site has yet to develop. The approved PD includes a Detail Plan to allow the development of an approximate 11,000 square foot retail building to contain retail and office uses including two restaurants (Smashburger & Einstein Bros. Bagels). The Einstein Bros. Bagels restaurant was originally designed with a drive-thru. ITEM # 6 Page 2 of 3 This was eliminated from the plan per a Council condition of approval . Subsequently, the plans were revised and an ordinance has been approved with additional parking and a 200 square foot patio area in place of the drive-thru. TRANSPORTATION: Denton Tap Road is a P6D, improved, concrete, six-lane divided thoroughfare contained within a 110-foot right-of-way. SURROUNDING LAND USE & ZONING: North – restaurant; C (Commercial) South – medical office; PD-214R4-C (Planned Development-214 Revision 4- Commercial) East – retail uses (Braewood Shopping Center); C, (Commercial) West – residential uses (Arbor Manors); PD-214R2-SF-12 (Planned Development-214-Revsion-2-Single Family-12) COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property suitable for mixed use neighborhood center. DISCUSSION: As mentioned in the HISTORY section, on February 14, 2012, PD-214R5-C, Arbor Manors Retail was approved. This was a Detail Plan to allow the development of an approximate 11,000-square-foot retail building to contain retail and office uses including two restaurants (Smashburger & Einstein Bros. Bagels). The Einstein Bros. Bagels restaurant was originally designed with a drive-thru. This was eliminated from the plan per a Council condition of approval. Subsequently the plans were revised and additional parking and a 200-square-foot patio area were included. Parking: The parking required for a retail use is one parking space per 200 square feet of building area, for a medical office, one parking space per 175 square feet of building area and for a restaurant use, one parking space per 100 square feet. Jersey Mikes is proposing an additional 1,500 square feet of restaurant space than was initially approved in February 2012. This equates to a total area of 6,800 square feet for all restaurants (including patios). The medical office component is proposed to be 1,748 and the retail is proposed to be 2,702 square feet. In total, 92 spaces are required and 94 are proposed, exceeding the requirements by two spaces. Hours of Operation: The proposed hours of operation for Jersey Mikes (10 a.m. to 9 p.m. everyday) is within the limits of the two approved restaurants for this site. Einstein Bros. Bagels hours of operation is approved from 5 a.m. to 5 p.m. everyday and Smashburger is approved from 10 a.m. to 10 p.m. everyday. Therefore, staff is supportive of the proposed hours of operation. ITEM # 6 Page 3 of 3 Signage: A PD condition granted with the proposal included a 15-square-foot blade sign for each tenant. Jersey Mikes is proposing a blade sign and have included it on the elevation sheet. The other signage shall be a shade of white to match the other two already approved and is in accordance with the size requirements; therefore, staff is supportive of the proposed sign package. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-214R6-C, Arbor Manor Retail, subject to the following conditions being met: 1. Development shall be in accordance with the approved site plan, floor plan, and sign plan. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Floor Plan/Sign Plan SITE PLAN11150C2RARBOR MANORS RETAIL CENTER ITEM # 7 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-228R4-HC, Lot 3R, Block A, Vista Ridge Retail Amended (Elite Care) P&Z HEARING DATE: August 16, 2012 C.C. HEARING DATE: September 11, 2012 STAFF REP.: Matt Steer, City Planner LOCATION: North side of S.H. 121 approximately 400 feet east of Denton Tap Road SIZE OF AREA: 1.8 acres of property CURRENT ZONING: PD-228-HC (Planned Development-228-Highway Commercial) REQUEST: A zoning change to PD-228R4-HC (Planned Development-228 Revision 4- Highway Commercial), to attach a Detail Site Plan to Lots 3 and 4 to allow a 14,000-square-foot medical facility. APPLICANT: Architect: Engineer: Kaim Associates, Inc. Bleyl & Associates Namer Kaim Austin Love 24080 Hwy 59 N, Suite 175 100 Nugent Street Kingwood, Texas 77339 Conroe, Texas 77301 Phone: 281-358-0964 Phone: 936-441-7833 Email: nkaim@kaim-inc.com alove@bleylengineering.com HISTORY: In February of 1998, Presbyterian Hospital was granted Site Plan approval on a 14.8 acre parcel, of which this request is a part. That 1998 request proposed two buildings -- a 75,000-square-foot ambulatory care facility and a 45,000-square- foot medical office. In late 2004, staff learned the hospital was no longer interested in building on this site. In August 2007, a Conceptual Planned Development zoning change was granted on the 14-acre parcel allowing seven individual lots. A Detail Plan was approved on three lots in Phase One development, permitting a 2,300-square-foot gas station/convenience store on 1.2 acres, a 20,000-square-foot retail building on 2.9 acres, and a 69,800-square-foot Market Street grocery on 6.9 acres. The remaining 3.8 acres was shown to ITEM # 7 Page 2 of 4 include a bank site (currently constructed Bank of America) and three pad sites on the remainder, each requiring Detail Site Plan approval before development could occur. Whataburger was approved in October 2010 for the lot just east of the bank and has since been constructed. This request will combine the last two southeastern lots into one for the development of an emergency medical building. TRANSPORTATION: State Highway 121 (Sam Rayburn Tollway) has been developed to freeway standards, contains one-way service roads, each 33 feet wide, within 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North – Market Street; PD-228-HC, (Planned Development 228, Highway Commercial) South – State Highway 121; City of Lewisville East – vacant land and developed office; PD-205R-HC, (Planned Development 205R-Highway Commercial) West – Whataburger; PD-228R3-HC, (Planned Development-228 Revision 3- Highway Commercial) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as suitable for Freeway Special District. DISCUSSION: Site Plan: The proposed building meets the minimum setback distances of the Highway Commercial District. There are mutual access/fire lane easements along the north and west property lines and running east/west in front of the proposed building then extending north into the existing Market Street development. These drives have already been platted, some already constructed and provide the proposed site with more than adequate access. The proposed emergency medical facility has two canopies – a drive-thru on the south side for ambulances used to transport patients to and from the facility and one on the west side of the building to be used by the public for covered drop-off and pick-up purposes (no ambulance use). Parking: The parking required for a medical use is one parking space per 175 square feet of building area. The site meets the required parking by providing 80 spaces for the 14,000-square-foot facility, just meeting code requirement of 80 parking spaces. Elevations/Signage: The building materials (red brick, and brown/beige colored stone) are proposed to match the overall Planned Development’s, including Market Street, the Taste of Market Street, Bank of America, Whataburger and the existing retail building. The proposed 145 linear feet of frontage along SH 121 equates to 145 total square feet of attached signage allotted to the building. After several discussions with the sign company and the architect, the sign package is close to meeting the standards of the ordinance. The signage will match that of Market Street. ITEM # 7 Page 3 of 4 Proposed are reverse illuminated halo-lighted black & white channel letters. The black letters will appear black during the day and when lighted at night will appear white with a halo around the light. One variance requested is to the color of the “24 HR EMERGENCY” sign located on the front elevation. The applicant is requesting a white color, whereas black signage is required to match the other proposed signage on the building. Per a mandate of the State Health Services Licensing Regulations the word “emergency” is required to be either red or white. White is preferable over red, as the Bank of America and Whataburger each have white signage; therefore, staff is comfortable recommending white be allowed in this instance. The other exception is for a back-plate (cloud) to each letter. Typically, a raceway is used to attach signage. This is required by ordinance to be painted the same color as the building. The “cloud” is similar to the raceway in that it will be painted the same color as the brick to which it is mounted. It is proposed to provide a smooth surface for the halo lighting concept to work effectively. Since this is not technically a raceway, and is a slight deviation from the ordinance, it is recommended by staff to be approved as a PD condition. There are two monument signs – an existing 60-square-foot multitenant sign and a proposed 40-square-foot single tenant sign. These were approved with the Conceptual Planned Development in 2007. The single tenant sign will be located on the south-east portion of the site, setback 15 feet from the SH 121 right-of- way. This is proposed to be externally illuminated and will have “Elite Care” in black with the logo in color. Landscaping Plan: The proposed plant materials are compatible with the Bank of America’s and Whataburger’s sites. Shown are 16 Chinquapin Oak, 15 Chinese Pistache and seven Crepe Myrtle Trees as the primary plantings. When the overall conceptual planned development was approved in 2007, concessions to the perimeter landscaping requirements of the Zoning Ordinance were granted. The overall conceptual planned development ordinance states that the 15-foot perimeter landscaping along the road frontage and ten-foot perimeter landscaping on the east side are required. However, the perimeter landscaping along the west and north lot lines can be reduced. The interior (parking lot) landscape area and nonvehicular open space requirements are standard. The initial submittal had an insufficient amount front yard nonvehicular open space. The plans have since been altered by shifting the building to the north slightly in order to meet this requirement. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-228R4-HC, Lot 3R, Block A, (Elite Care) subject to the following conditions: 1. Add a PD conditions Table to the Site Plan indicating: a. The attached signage will consist of white and black halo-lighted channel letters and a back-plate (cloud) painted to match the surface to which it is mounted, b. An exception to required perimeter landscaping on the west and north property lines was approved with the Conceptual PD, and ITEM # 7 Page 4 of 4 c. Two monument signs were approved (one 60 square foot multi-tenant and one 40 square foot single tenant) with the Conceptual PD. 2. There is an $11,179.00 pro rata fee for the water line in addition to the impact fees. 3. There may be additional comments during detailed engineering plan review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Color Rendering 2. Sign Package 3. Site Plan 4. Landscape Plan 5. Elevations ITEM # 8 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Vista Ridge Retail Amended, Lot 3R, Block A, Replat P&Z HEARING DATE: August 16, 2012 C.C. HEARING DATE: September 11, 2012 STAFF REP.: Matt Steer, City Planner LOCATION: North side of S.H. 121 approximately 400 feet east of Denton Tap Road SIZE OF AREA: 1.8 acres of property CURRENT ZONING: PD-228-HC (Planned Development-228-Highway Commercial) REQUEST: Being a replat of Lots 3 & 4, Block A into Lot 3R, of the Vista Ridge Retail Addition to establish necessary easements and fire lanes to allow a 14,000-square- foot medical facility. APPLICANT: Architect: Engineer: Kaim Associates, Inc. Bleyl & Associates Namer Kaim Austin Love 24080 Hwy 59 N, Suite 175 100 Nugent Street Kingwood, Texas 77339 Conroe, Texas 77301 Phone: 281-358-0964 Phone: 936-441-7833 Email: nkaim@kaim-inc.com alove@bleylengineering.com HISTORY: In February of 1998, Presbyterian Hospital was granted Site Plan approval on a 14.8 acre parcel, of which this request is a part. That 1998 request proposed two buildings -- a 75,000-square-foot ambulatory care facility and a 45,000-square- foot medical office. In late 2004, staff learned the hospital was no longer interested in building on this site. In August 2007, a Conceptual Planned Development zoning change was granted on the 14-acre parcel allowing seven individual lots. A Detail Plan was approved on three lots in Phase One development, permitting a 2,300-square-foot gas station/convenience store on 1.2 acres, a 20,000-square-foot retail building on 2.9 acres, and a 69,800-square-foot Market Street grocery on 6.9 acres. The remaining 3.8 acres was shown to include a bank site (currently constructed Bank of America) and three pad sites on the remainder, each requiring Detail Site Plan approval before development could occur. Whataburger was approved in October 2010 for the lot just east of the bank and has since been constructed. This request will combine the last two southeastern lots into one for the development of an emergency medical building. ITEM # 8 Page 2 of 2 TRANSPORTATION: State Highway 121 (Sam Rayburn Tollway) has been developed to freeway standards, contains one-way service roads, each 33 feet wide, within 450 feet of right-of-way. SURROUNDING LAND USE & ZONING: North – Market Street; PD-228-HC, (Planned Development 228, Highway Commercial) South – State Highway 121; City of Lewisville East – vacant land and developed office; PD-205R-HC, (Planned Development 205R-Highway Commercial) West – Whataburger; PD-228R3-HC, (Planned Development-228 Revision 3- Highway Commercial) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as suitable for Freeway Special District. DISCUSSION: This is the companion request to the Planned Development case for the proposed 14,000-square-foot emergency medical facility. Currently the property is platted into two lots – Lots 3 and 4, Block A. These are proposed to be platted into one- Lot 3R, Block A. The easements will remain as previously dedicated. Staff is recommending approval. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 3R, Block A, Vista Ridge Retail Amended subject to the following conditions: 1. There is an $11,179.00 pro rata fee for the water line in addition to the impact fees. 2. There may be additional comments during detailed engineering plan review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat July 25, 2012 Ms. Marcie Diamond Assistant Director of Planning CityofCoppell 255 Parkway Boulevard Coppell, Texas 750 Re: appeal to city council Dear Ms. Diamond: Please accept this letter as authorization that we would like to appeal the ruling by the Planning and Zoning Commission to City Council? on the sign located at 225 E. HWY 121. /^ Should you have any questions, please contact me at 469.446.1165. Working/Together, Terry Holmes Manager of SWSH, LTD 225 East Highway 121, Suite 120, Coppell, Texas 75019 ITEM # 11 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-238R2-HC, Coppell Office Village P&Z HEARING DATE: July 19, 2012 C.C. HEARING DATE: August 14, 2012 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: 225 East S.H. 121 SIZE OF AREA: 2.02 acres of property CURRENT ZONING: PD-238R-HC (Planned Development-238 Revised-Highway Commercial) REQUEST: A zoning change to PD-238R2-HC (Planned Development-238 Revision 2- Highway Commercial), to revise the Detail Site Plan to allow the existing 40- square-foot monument sign to be externally illuminated with a four-foot bronze fixture with white florescent lighting in lieu of the existing internal LED lighting. APPLICANT: The Holmes Builders Terry Holmes 225 East Highway 121 Suite 120 Coppell, Texas 75019 (214) 488-5200 Cell: (469) 446-1165 Fax: (214) 488-5255 Email: dhayes@theholmesbuildier.com HISTORY: Zoning history extends from a July, 2001, Council hearing allowing a 72,000- square-foot mini-storage facility that was never built, to a February, 2009, zoning case that permitted the existing 23,200-square-foot office building to be constructed on this two- acre site. In May of 2011, a request for a 40-square-foot internally illuminated, glass, monument sign was allowed for a one year period. At the end of the year, the sign was to be re-evaluated to determine if it should remain or some other sign similar to the one approved by the Planning Commission was to be permitted. TRANSPORTATION: State Highway 121 is built as a six-lane divided toll way. The subject parcel is adjacent to the east bound one-way service road of this highway and consists of three lanes of concrete pavement. ITEM # 11 Page 2 of 3 SURROUNDING LAND USE & ZONING: North: S.H. 121; Market Street, Bank, Whataburger and retail uses South: Denton Creek elementary and Middle School North: SF-7 East: Denton Creek Elementary and Middle School North; SF-7 West: Jack-in-the Box restaurant; HC COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows the property as Freeway Special District which allows retail and office uses. DISCUSSION: A request for a 23,000-square-foot office building was approved by Council in 2009. Included with that request was a brick and stone sign that had been approved by the Planning Commission and is shown as an attachment. In 2011 the applicant submitted a revised sign that reflected a glass sign board illuminated by internally lit l.e.d.s. and was illustrated with two tenants, not the name of the center. The Planning Commission denied that sign and recommended the original (the brick and stone sign) to Council. At the Council hearing the applicant slightly changed the design of the sign, but requested Council to over-rule the Planning Commission and grant his preferred sign. Because the Commission was unanimous in their recommendation, Council took a slightly different approach, and modified the Commission recommendation by approving the sign for a one year period. Council further mandated that the sign be re-evaluated after one year. There were problems with the temporarily approved sign and modifications were made to the sign including going from a glass letter surface to a plastic, and changing the Cor-Ten steel letters to an aluminum material. In addition the l.e.d. light source did not work as the applicant proposed, the back side of the sign had to be painted to see the front, and the overall appearance of the sign was less than desired. It is general consensus that the present sign is unsightly and does not portray what the applicant conveyed to Council. At the one-year re-evaluation meeting, Council directed the applicant to re-apply to Planning Commission for revision to the unacceptable sign. The resubmittal retains the existing sign and basically changes only the lighting source. The original sign had l.e.d. lighting (which proved to be unsatisfactory), and the revision replaces the l.e.d. light source with a florescent tube at the sign base. The sign being proposed is very contemporary in design with thin opaque surface, letters with fonts that do not match, stark contrast in colors, the back retains its unattractive appearance, and the sign has no relationship to the European styled office building it advertises. In staff’s opinion, the initial sign approved by Planning Commission in early 2009 is much more suitable for this site and we would recommend denial of the proposal and approval of the initial sign submitted by the applicant. As stated in the Zoning Ordinance, the purpose of a monument sign is to communicate information in a safe, efficient manner, to provide a reference as to the name of the development. From our perspective the ITEM # 11 Page 3 of 3 originall y approved sign in 2009 much more closely adheres to our sign ordinance and is much more compatible with the history of signage in Coppell and certainly with this building. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending DENIAL of the proposed revision to the approved sign and RE-APPROVAL of the initial monument sign submitted by the applicant. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Proposed monument sign (5 attachments) 2. Initial sign as approved by the Planning Commission in 2009 rnr.inoF7<» "V V * •- *ST**3>c*3^v <^?^Lro? 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S g/Public Wor ervices co r the design nt Sales Ta ager to sign ructure that ales tax alloc d reauthorize tion Drive to water, sewer n Lewisville al in charge municipaliti d references cts. It is our mount of $ Staff will be rks ntract wit n of Souther ax for Stree and execut has exceede cated to stree ed in 2011. o River Road and drainag e, Texas. Th e and projec es. The Cit from curren r opinion tha $67,695.00 a e available t th rn et te ed et d. ge he ct ty nt at as to Residential Street Improvements,1/4 Cent Sales Tax Fund,FY 2012Created in CIVIL3D1 INCH = 1 MILE0C:\DATA\Temp DWG\EXHIBITS 2012.dwg\TAX 2012CCreated on: 5 September 2012 by Scott Latta1/21/21 1 INCH = FT.0200200100Residential Street Improvements,1/4 Cent Sales Tax Fund,FY 2012Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2012.dwg\TAX 2012CCreated on: 4 September 2012 by Scott LattaAREA OF PROPOSEDSTREET RECONSTRUCTION2/2 CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS § CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the _______day of ______________, 2012, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City", Verdunity, Inc. hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the Southern Belle reconstruction hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment B, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. Page 2 AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scope of Services, A. Basic Services The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional (Special) Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Preliminary (60%) Design Submittal, Draft Final (90%) Design Submittal, and Final (100%) Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. Page 3 3. Compensation. A. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Fee shall not exceed the lump sum of fifty-two thousand one hundred and ninety five dollars ($ 52,195 ) provided, however, that modifications to the Basic Services, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Special Services Fee: The Engineer should be paid a fee under this Contract for Special Services pursuant to the Fee Schedule described in Attachment A, Scope of Services. Special Services Fee shall not exceed the lump sum of fifteen thousand five hundred dollars ($ 15,500 ) provided, however, that modifications to the Special Services, or other conditions defined herein may necessitate a change of Special Fee which shall be reduced to writing and approved by the City or its designee. C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of sixty-seven thousand six hundred and ninety-five dollars ($ 67,695 ): The lump sum Basic Services Fee plus the lump sum Special Services Fee. D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services and/or Special Services on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. Page 4 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with the specified type and number of deliverables. 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to Page 5 create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such negligent defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify and, hold harmless the City of Coppell, its officers and employees from any loss, damage, liability or expense, including attorney fees, Page 6 on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed to the extent Engineer has been paid for services rendered, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives Page 7 and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. 18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Page 8 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. Page 9 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas ______________________ ______________________ ______________________ ______________________ Engineer: Verdunity, Inc. Kevin Shepherd, P.E. 1302 Andrew Ct. Lewisville, TX 75056 IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL ENGINEER:Verdunity,Inc. BY: BY: ______________________ ______________________________ City Manager Kevin Shepherd, P.E., Principal Date: __________________ Date:_________________________ ATTEST: ATTEST: _______________________ ______________________________ (CORPORATE SEAL) Page 10 ATTACHMENT "A" BASIC SERVICES The Engineer agrees to render services necessary for the development and completion the Project as outlined herein. The Basic Services to be performed by Engineer under this Contract include the following: A. SCHEMATIC DESIGN 1. When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer, will result in providing facilities which are economical in design and conform to instruction from the City. 2. The Engineer shall attend such conferences with officials of other agencies including other engineering and/or surveying firms under contract with the City, as may be necessary in the opinion of the City for coordination of the proposed paving and related improvements with the requirements of such other agencies. It shall be the Engineer’s duty hereunder to secure necessary information from such agencies. 3. The Engineer shall advise the City with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall made only upon authorization by and at the expense of the City. 4. During the schematic design phase the Engineer shall coordinate with all utilities as to any proposed utility lines or the need for adjustment to the existing utility lines within the project limits. The information obtained shall be shown on the schematic plans and addressed in the schematic design report. The Engineer shall show on the schematic, preliminary, and final plans the location of the proposed utility lines, existing utility lines, and any adjustments and/or relocation of the existing lines based of information provided by the respective utility company. 5. The Engineer shall provide necessary design field surveys for his use in the preparation of plans and specifications. The Engineer shall also provide sufficient property surveys to prepare the necessary right-of-way document and related exhibit for acquisition of right-of- way with use of Engineer’s documents. 6. The Engineer shall supply construction plans to all utility companies, including but not limited to franchised utilities and pipeline companies which have existing and proposed facilities within the limits of the Project. The above mentioned construction plans shall Page 11 consist of the following: one set of schematic plans, one set of dated preliminary plans, and, one set of dated and approved advertising (final) plans. 7. The Engineer shall furnish for City review two (2) copies each of the schematic engineering plans at a scale of 1”=20’ and a written report on the project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the City, to include layouts, preliminary right-of-way needs, opinion of probable cost for each alternate proposed, and the Engineer’s recommendation(s). B. PRELIMINARY DESIGN 1. The Engineer shall meet with the City to discuss the schematic design plans and report, and the Engineer will then proceed with preparation of the preliminary design of the project incorporating all comments received from the City and agreed upon by both the City and the Engineer into these plans. 2. The Engineer shall provide detailed design data, profiles, cross-sections where appropriate, opinions of probable cost, and furnish two (2) copies of detailed preliminary design plans for the project to the City for review. The Engineer shall indicate on the plans the location of existing and proposed utilities and storm drains. Storm drainage calculations shall also be provided on the drainage layout sheet in the plans. 3. After receipt of preliminary design review comments from the City, the Engineer shall make all corrections noted and then commence preparation of the final design plans and specification/contract documents. C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E) 1. Incorporating all City review comments from the preliminary design submittal, the Engineer will complete the final plans, prepare contract documents/specifications, and a final opinion of probable cost for the authorized construction units. This shall include summaries of bid items and quantities, but the Engineer does not guarantee that Contractor bids will not vary from such opinion. Each of these items (2 copies each) shall be submitted to the City for final approval. 2. After receipt of final plan/specifications/contract documents review comments from the City, the Engineer shall make all corrections noted and then furnish twenty (20) copies of contract documents and final bid plans to the City for distribution to Contractors for bidding the Project. Contract documents shall contain the Notice to Bidders, Proposal, Wage Rates, Page 12 General and Special Provisions, Special Specifications, Insurance Statement, Payment, Performance, and Maintenance Bonds, and all other required City Contract forms. 3. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. City may use such drawings in any manner it desires provided, however, that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. 4. The Engineer shall determine the right-of-way and easement needs necessary for the construction of the project and furnish same to City. The Engineer shall provide the necessary land survey, Deed and Abstract Records search, right-of-way exhibit and description of the single property parcel to be acquired for this project. D. CONSTRUCTION ADMINISTRATION. 1. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders for required newspaper advertising --and place notice with Texas Contractor magazine and Dodge Report. 2. The Engineer will attend a pre-bid meeting if deemed necessary by the City. 3. The Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special review shop drawings required of the Contractor by the Construction Contract(s). Such review shall be for general conformance with the design concept and general compliance with the plans and specifications under the Construction Contract(s). 4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer will assist in the preparation of contract documents, including contract, performance, payment, and maintenance bonds and all other related City forms required to initiate construction on the project(s). 5. Engineer will arrange a pre-construction conference with City staff, Contractor(s), and all affected utility companies. 6. Engineer will provide periodic field representation and will monitor construction progress as often as Engineer deems necessary. However, once every two (2) weeks the Engineer shall attend a scheduled meeting with the project inspector and the Contractor(s) to discuss the Page 13 construction progress. A written report shall be provided to the City after each of these bi- weekly meetings. 7. Engineer will consult and advise the City regarding the need for any contract change orders and will prepare change orders as required for City approval. 8. Engineer will be available for interpretation of plans and specifications as may be required by the Contractor(s) in the field. 9. The Engineer will, with assistance from the City Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the City. 10. Engineer will provide, in conjunction with the City, a final inspection of the project and provide a “punch list” of deficient items to the Contractor(s). 11. Engineer will revise construction drawings as necessary to adequately reflect any revisions in the construction from that which was represented on the plans and/or specifications. Engineer will provide the City with one (1) set of mylar reproducible “Record Drawings” within 30 days after the completion of the project including updated digital files of the new construction for use in the City’s computerized mapping system. We are proposing to complete the work outlined above for a total fee of $67,695. Labor for Basic Services will be invoiced on lump sum basis at the end of each billing period. Services Labor and reimbursable expenses will be invoiced on a time and materials, not-to exceed basis using the rate schedule in this A more detailed breakdown of the Basic and Services of the fee is shown below: & Coordination $ 6,750 2.0 Survey (Boundary & Topo) $ 9,900 3.060% Submittal Estimated Total -BASIC SERVICES $17,285 $ $52,195 6.0 Construction Services $ 8,620 7.0 Public Involvement $ 1,180 8.0 Acquisition ($650/parcel, 3 $ 1,950 Estimated Total -SPECIAL SERVICES $15,500 BILUNG RATE SCHEDULE (Effective Through December 31, 2012) copying, etc.) will be invoiced at cost plus a 10% markup. Prior to beginning a task under we will provide you with an estimate of hours and expenses based on our of the assistance In Manager: $150 Civil Engineer CAD Technician: Administrator/Clerical $ 90 $ 75 $ 50 Any expenses associated with additional that are incurred (printing, additional 56893 STATE OF TEXAS DALLAS COUNTY § § § INTERLOCAL AGREEMENT This Interlocal Agreement (“Agreement”) is entered into by and between the City of Coppell (“Coppell”) and the City of Carrollton, Texas (“Carrollton”), acting by and through their duly authorized officials. Both Coppell and Carrollton are adopting this agreement upon by and through authorization of their respective governing bodies as provided herein may be referred to in this agreement individually as “Coppell” or “Carrollton” and collectively as “Parties”; and WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and subchapter “F”, 271, Texas Local Government Code; WHEREAS, Chapter 791 of the Texas Government Code provides authorization for local governments to contract with one another to provide governmental functions and services; and WHEREAS, Coppell desires to contract with Carrollton for the purposes of booking in, processing and housing prisoners arrested by the Coppell Police Department; and WHEREAS, Carrollton understands the need and agrees to aid Coppell in this matter. NOW, THEREFORE, Coppell and Carrollton, for the mutual consideration hereinafter stated, agree and understand as follows: 1. Purpose. The purpose of this agreement is for the City of Carrollton to agree to house and process Coppell inmates and provide other services regarding the operation of jail for an agreed upon price. 2. Term. The initial term of this agreement shall be for one (1) year, beginning on October 1, 2012 and expiring on September 30, 2013. This agreement will automatically renew for five (5) consecutive one (1) year terms unless notice of termination of the agreement is given at least ninety (90) days before the end of the term. 3. Termination. Either party shall terminate this agreement by providing 90 days written notice to the other party. 4. OBLIGATIONS OF CARROLLTON. a. Carrollton shall receive the Coppell inmates when presented by Coppell Police Officers and process them with the same book-in procedures as Carrollton inmates. b. Carrollton shall provide the same jail housing, food and services provided to all Carrollton inmates to Coppell inmates. 56893 c. Carrollton shall collect bond and fine collections and reimbursements for inmates on behalf of Coppell and deliver the Coppell funds to the City of Coppell on a weekly basis. d. Carrollton shall provide transportation to the County Jail for Coppell inmates. Coppell inmates shall be placed in the same priority system and transported in the manner as if they were Carrollton inmates. This does not include transportation to and from the Coppell Municipal Court, Court or other agencies. e. Carrollton shall provide Intoxilyzer services, including personnel needed at the time of arrest, or other alternative services used for gathering evidence for driving while intoxicated cases. f. Carrollton shall accept, document, process and store all personal property of all Coppell inmates in the same manner they do for Carrollton inmates. Carrollton shall use a storage area of size acceptable to the County Jail requirements. g. Carrollton will provide “Interview Rooms” when needed to interrogate inmates that are being housed at the Carrollton Jail. Access shall be provided at a reasonable time and copies of the digital recordings of the interview shall be provided within reasonable time. h. Carrollton shall provide a monthly report of inmate statistics and reporting which includes the number of inmates booked in, the length of stay, book-in date and release date, any medical attention needed or received. Carrollton shall provide individual inmate information obtained during the book-in and housing of prisoners, including audio and video recordings, when requested by Coppell. Carrollton shall also provide a report writing area that includes a digital line. Coppell shall reimburse Carrollton for the cost of the required digital line. Coppell shall provide a computer and hardware for the report writing station. i. Carrollton guarantees to house at least three beds available for Coppell inmates at all times. 5. RESPONSIBILITIES OF COPPELL. a. Coppell shall pay $100 per inmate in the Carrollton Jail for the first 48 hours of incarceration. For each inmate that stays past 48 hours, Coppell shall pay $100 for each additional day or portion thereof. b. Coppell shall pay an annual fee of $3,500.00 for transporting Coppell inmates to Dallas County. c. Coppell shall pay the costs of Carrollton’s employees who are required to appear in Court on cases filed by the City of Coppell, regarding a City of Coppell inmate in the Carrollton Jail. The amount Coppell shall pay should be the same as if the employee was testifying or being required to attend court for a Carrollton case. d. All billing shall be generated by Carrollton and processed quarterly. e. Coppell shall be responsible for evidence, chain of custody and storage for all cases in which the inmate was arrested on a Coppell charge. f. Coppell shall be responsible for writing the police case reports for all of the Coppell cases. g. Coppell shall be responsible for arraigning procedure and coordinating the arraignment of Coppell prisoners in the Carrollton Jail. 56893 h. All payments made by Coppell shall be made from current revenues available to Coppell. 6. Expenses. Ambulance transportation expenses shall be the responsibility of the inmate. 7. Medical Expenses. All medical expenses shall be the responsibility of inmates. 8. Sovereign Immunity. Neither party to this agreement waives any claim of in sovereign immunity because of its participation in this agreement. 9. Indemnification Clause. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments, and costs, including reasonable attorney’s fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. This agreement and the indemnity provided herein is not intended to and shall not create any cause of action for the benefit of third parties or any person not a party to this agreement. 10. Compensation. Each party shall be responsible for its own action and those of its employees and is responsible for complying with the Texas Workers Compensation Act. To the extent permitted by law, and without waiving sovereign immunity, each party shall be responsible for any and all claims, demands, suits, actions, damages and causes for action relating or arising out of or in any way connected with its own actions and the actions of its personnel in performing the responsibilities under this agreement. 11. Amendment. This Agreement may be amended by the mutual written agreement of both parties hereto. 12. Severability. In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 13. Governing Law. The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District 56893 Court of Dallas County, Texas. 14. Entire Agreement. This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement. 15. Recitals. The recitals to this Agreement are incorporated herein. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of whom shall be deemed an original and constitute one and the same instrument. 17. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect. 18. Third Parties. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third parties. 19. Headings. The headings at the beginning of the various provisions of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement. 20. Notices. Any notice, communication, invoice or report required or permitted pursuant to this Agreement shall be in writing and shall be effective when personally delivered or three (3) days after being mailed by United States Mail, certified, return receipt requested, to the respective parties at the address set forth below: Coppell CITY OF COPPELL Att: Clay Phillips, City Manager 255 Parkway Blvd. Coppell, Texas 75019 Carrollton CITY OF CARROLLTON 1945 E. Jackson Road Carrollton, TX 75006 Attention: City Manager Any party may change its address by giving notice to all other parties. AUTHORIZED and approved by the City Council of the City of Carrollton, Texas, at its meeting held on the day of 2012, and executed by the Mayor. 56893 CITY OR CARROLLTON, TEXAS ______________________________________ Matthew Marchant, Mayor ATTEST: _________________________________ Ashley Mitchell, City Secretary AUTHORIZED and approved by the City Council of the City of Coppell, Texas, at its meeting held on the _____ day of ______________ 2012, and executed by the Mayor. CITY OF COPPELL, TEXAS ______________________________________ Karen Selbo Hunt, Mayor ATTEST: _________________________________ Christel Pettinos, City Secretary APPROVED AS TO FORM: Robert E. Hager, City Attorney 1 57117 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING AN AGREEMENT FOR JAIL SERVICES BY AND BETWEEN THE CITY OF COPPELL, TEXAS, AND THE CITY OF CARROLLTON, TEXAS; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Agreement for Jail services by and between the City of Coppell, Texas, and the City of Carrollton, Texas, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement, a true and correct copy of which is attached and incorporated herein as Exhibit “A”, on behalf of the City of Coppell, Texas. SECTION 2. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2012. CITY OF COPPELL, TEXAS ___________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: 2 57117 ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 3 57117 Exhibit “A” (copy of Jail Services Agreement to be attached)