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CP 2013-08-13
City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, August 13, 2013 KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 Place 7 CLAY PHILLIPS City Manager Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 13, 2013, at 6:00 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. 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 north of I.H. 635E and west of Belt Line Road. B.Discussion regarding Economic Development prospects south of Wrangler Drive and west of Crestside Drive. Section 551.071, Texas Government Code - Consultation with City Attorney. C.Discussion regarding Eminent Domain proceedings to acquire real property along Freeport Parkway. Page 1 City of Coppell, Texas Printed on 12/28/2017 August 13, 2013City Council Meeting Agenda 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding Citizens on Patrol. B.Presentation regarding Employee Health Clinic. C.Discussion regarding Recreation Cost Recovery Philosophy. D.Discussion of Agenda Items. Regular Session 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Consider approval of a proclamation naming August 21, 2013 as “National Senior Citizen’s Day,” and authorizing the Mayor to sign. Proclamation National Senior Citizens Day 2013.pdfAttachments: 7.Citizens’ Appearance 8.Consent Agenda A.Consider approval of the minutes: July 23, 2013. Minutes.pdfAttachments: B.Consider approval of a Resolution of the City Council of the City of Coppell, Texas, supporting congressional action on Marketplace Fairness Act; and authorizing the Mayor to sign. Resolution Congressional Action on Marketplace Fairness Act.pdfAttachments: C.Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell by amending Chapter 6, “Business Regulations”, Article 6-9 deleting Sections 6-9-2(D), 6-9-2(E) and 6-9-2(F) and Sections 6-9-4 and 6-9-5 to conform to the Texas Transportation Code Section 643.201 that regulates Licensing and Registration of Tow Trucks; and authorizing the Mayor to sign. Tow Truck Ordinance Memo 081313.pdf Ordinance-Tow Truck Regulations.pdf Attachments: D.Consider approval of a Resolution authorizing the city attorney to file eminent domain proceedings to acquire 0.138 +/- acres of real property for the expansion of public roadway and right of way along Freeport Parkway; and authorizing the Mayor to sign and execute the necessary documents. Eminent Domain Memo.pdf Resolution.pdf Exhibit A - Site Plan.pdf Attachments: Page 2 City of Coppell, Texas Printed on 12/28/2017 August 13, 2013City Council Meeting Agenda E.Consider approval of the certification of the 2013 anticipated collection rate for the period July 1, 2013 through June 30, 2014 and the amount of excess debt collections during the period of July 1, 2012 through June 30, 2013. Memo Collection Rate - Excess Collections 2013.pdf 2013 Assessor-Collector Certifications.pdf Attachments: F.Consider a Resolution approving the Second Amendment to the Declaration of Covenants, Conditions, and Restrictions for Main Street Coppell relating to their application to the property to be located in Old Town (Main Street) Phase II and authorizing the Mayor and City Manager to sign all related documents. 2nd Amendment to DCCRS - Memo.pdf Resolution and 2nd Amendment DCCR.pdf Attachments: G.Consider approval of an amendment to review the exclusive redlight enforcement system between the City of Coppell and Redflex Traffic Systems for the Photo Red Light Enforcement Program; and authorizing the City Manager to sign. Redflex Contract Renewal Memo.pdf Coppell-Redflex Renewal Agreement.pdf Attachments: H.Consider approval of an Ordinance of the City of Coppell, Texas, amending Ordinance No. 2013-1349, ordering a Special Election to be held on November 5, 2013, by adding provisions for Coppell residents residing in Denton County; providing an effective date; and authorizing the Mayor to sign. Considerar la aprobación para un Mandato del Ayuntamiento de la Cuidad de Coppell, Texas reformando el Mandato No. 2013-1349 en el cual se ordena una elección especial a convocarse el 5 de Noviembre del 2013 agregándosele cláusulas aplicables a los habitantes de Coppell en el condado de Denton, contemplándose una feche en vigor; y uso autorizándose al Alcalde para firmarlo. Ordinance.pdfAttachments: End of Consent Agenda 9.PUBLIC HEARING: Consider approval of the Northlake Woodlands Estates East, PH I, Lot 10R, Block 2, Replat, being a replat of Lot 10, Block 2, to reduce the required 30-foot front building setback line to 22.5 feet, to allow the construction of a 147-square-foot porch at 616 Villawood Lane. Cover Memo.pdf Staff Report.pdf Attachments: Page 3 City of Coppell, Texas Printed on 12/28/2017 August 13, 2013City Council Meeting Agenda Replat.pdf 10.PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Lot 1, Block E and Lot 1R2R, Block D, Replat, being a replat of Lot 1R1 and 1R2, Block D, to establish necessary easements and fire lanes to allow the development of two office buildings on 8.4 acres (Lot 1, Block E) and to incorporate approximately 1.3 acres of property into Lot 1R2R, Block D (24.4 acres), for a total of 32.83 acres of property located at the northwest corner of South Belt Line Road and Lakeshore Drive. Cover Memo.pdf Staff Report.pdf Replat.pdf Attachments: 11.CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure, a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Cover Memo.pdf Request to Postpone to Aug 13th .pdf Staff Report.pdf Traffic Mgmt Plan.pdf Site Plan.pdf Landscape Plan and Detail Sheet.pdf Tree Survey.pdf Elevations.pdf Sign Package.PDF Attachments: 12.PUBLIC HEARING: Consider approval of the Vista Point II, Lot 6R, Block A, Replat, being a replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center on 2.6 acres of property located at 811 N. MacArthur Boulevard. Cover Memo.pdf Staff Report.pdf Replat.pdf Attachments: 13.Consider approval of awarding Job Order Contract to Core Construction in the amount of $349,337.02 for Phase II second floor renovation of 265 Parkway; and authorizing the City Manager to sign all necessary documents. Page 4 City of Coppell, Texas Printed on 12/28/2017 August 13, 2013City Council Meeting Agenda 265 Parkway 2nd Floor Contract Memo.pdf 265 Parkway Finish Selections.pdf 265 Parkway TCPN Cooperative Purchasing Network.pdf 265 Parkway 2nd Floor Plan.pdf CORE Proposal for 265 Parkway.pdf PARKWAY 265 2nd Fl Exhibit.pdf Attachments: 14.Consider approval of a Health Services Agreement between the City of Coppell and Marathon Health, Inc. for operation of a joint Employee Health Clinic in the amount of $216,250.00 and authorizing the City Manager to sign all necessary documents. Memorandum 08132013.pdf Health Services Agreement 08132013.pdf Attachments: 15.Consider approval of an agreement between The City of Coppell and Redflex Traffic Systems related to enforcement of unpaid violation notices (“Automated Scofflaw Program”). The proposed agreement has an initial term of five (5) years in addition to two (2) optional five-year extensions; and authorizing the City Manager to sign. Redflex Scofflaw Memo.pdf Redflex Traffic Systems Scofflaw Program.pdf Attachments: 16.City Manager Reports Project Updates and Future Agendas. 17.Mayor and Council Reports Report on the Transportation and Infrastructure Summit in Irving. 18.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 19.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 5 City of Coppell, Texas Printed on 12/28/2017 August 13, 2013City 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 6 City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1204 File ID: Type: Status: 2013-1204 Agenda Item Executive Session 1Version: Reference: In Control: Administration 07/29/2013File Created: 08/13/2013Final Action: exec session - eco dev prospects n. of 635, w. of Belt Line File Name: Title: Discussion regarding Economic Development prospects north of I.H. 635E and west of Belt Line Road. Notes: Agenda Date: 08/13/2013 Agenda Number: A. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 08/13/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1204 Title Discussion regarding Economic Development prospects north of I.H. 635E and west of Belt Line Road. Summary Goal Icon: Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1204) Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1205 File ID: Type: Status: 2013-1205 Agenda Item Executive Session 1Version: Reference: In Control: Administration 07/29/2013File Created: 08/13/2013Final Action: exec session - eco dev prospects s. of wrangler, w. of crestside File Name: Title: Discussion regarding Economic Development prospects south of Wrangler Drive and west of Crestside Drive. Notes: Agenda Date: 08/13/2013 Agenda Number: B. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 08/13/2013City Council Discussed under Executive Session Action Text: Text of Legislative File 2013-1205 Title Discussion regarding Economic Development prospects south of Wrangler Drive and west of Crestside Drive. Summary Goal Icon: Business Prosperity Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1205) Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File ID: Type: Status: Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 08/07/2013File Created: 08/13/2013Final Action: Executive SessionFile Name: Title: Discussion regarding Eminent Domain proceedings to acquire real property along Freeport Parkway. Notes: Agenda Date: 08/13/2013 Agenda Number: C. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Discussed under Executive Session 08/13/2013City Council Discussed under Executive Session Action Text: Text of Legislative File Title Discussion regarding Eminent Domain proceedings to acquire real property along Freeport Parkway. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 12/28/2017 Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1217 File ID: Type: Status: 2013-1217 Agenda Item Work Session 1Version: Reference: In Control: City Secretary 08/05/2013File Created: 08/13/2013Final Action: Work SessionFile Name: Title: A.Discussion regarding Citizens on Patrol. B.Presentation regarding Employee Health Clinic. C.Discussion regarding Recreation Cost Recovery Philosophy. D.Discussion of Agenda Items. Notes: Agenda Date: 08/13/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Presented in Work Session 08/13/2013City Council Presented in Work Session Action Text: Text of Legislative File 2013-1217 Title A.Discussion regarding Citizens on Patrol. B.Presentation regarding Employee Health Clinic. C.Discussion regarding Recreation Cost Recovery Philosophy. D.Discussion of Agenda Items. Summary Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1217) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1206 File ID: Type: Status: 2013-1206 Agenda Item Passed 1Version: Reference: In Control: Administration 07/30/2013File Created: 08/13/2013Final Action: Proclamation - National Senior Citizen's DayFile Name: Title: Consider approval of a proclamation naming August 21, 2013 as “National Senior Citizen’s Day,” and authorizing the Mayor to sign. Notes: Agenda Date: 08/13/2013 Agenda Number: 6. Sponsors: Enactment Date: Proclamation National Senior Citizens Day 2013.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved08/13/2013City Council Mayor Hunt read the proclamation for the record and presented the same to Tom Morton, Pat and Frank Chavet, Tom Gardner and several members of the Grapevine Springs Senior Community Center. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Tim Brancheau, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1206 Title Consider approval of a proclamation naming August 21, 2013 as “National Senior Citizen’s Day,” and authorizing the Mayor to sign. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1206) Staff Recommendation: Goal Icon: Page 2City of Coppell, Texas Printed on 12/28/2017 PROCLAMATION WHEREAS, the City of Coppell is home to more than 8,000 citizens ages 50 and older; and WHEREAS, in 1988, President Ronald Reagan declared August 21 as “National Senior Citizen’s Day”; and WHEREAS, this proclamation encourages our citizens to celebrate and honor Seniors with various activities and ceremonies; and WHEREAS, on August 21, 2013, we honor our citizens who are part of the fastest-growing demographic in the world; and WHEREAS, Senior Citizens are the most politically-engaged segment of the population with 80% of all Seniors voting in each Presidential election; and WHEREAS, as quoted by President Reagan, “Older citizens are reinforcing their historical roles as leaders and as links with our patrimony and sense of purpose as individuals and as a nation;” and NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell and on behalf of the Coppell City Council, do hereby proclaim August 21, 2013, as “NATIONAL SENIOR CITIZEN’S DAY” in the City of Coppell. We urge our citizens to take time to recognize the contributions made by our Senior Citizens to their families, their community, and their nation. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of August, 2013. _________________________________________ Karen Selbo Hunt, Mayor ATTEST: __________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1219 File ID: Type: Status: 2013-1219 Agenda Item Passed 1Version: Reference: In Control: City Secretary 08/05/2013File Created: 08/13/2013Final Action: MinutesFile Name: Title: Consider approval of the minutes: July 23, 2013. Notes: Agenda Date: 08/13/2013 Agenda Number: A. Sponsors: Enactment Date: Minutes.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 08/13/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Agenda Items A, C, E-H on the Consent Agenda. Consent Agenda Items B and D were pulled and considered separately. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1219 Title Consider approval of the minutes: July 23, 2013. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1219) Page 2City of Coppell, Texas Printed on 12/28/2017 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, July 23, 2013 KAREN HUNT BILLY FAUGHT Mayor Mayor Pro Tem TIM BRANCHEAU BOB MAHALIK Place 1 Place 2 WES MAYS GARY RODEN Place 3 Place 4 MARVIN FRANKLIN AARON DUNCAN Place 6 Place 7 CLAY PHILLIPS City Manager Karen Hunt;Billy Faught;Tim Brancheau;Bob Mahalik;Wes Mays;Gary Roden;Marvin Franklin and Aaron Duncan Present 8 - Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, July 23, 2013, 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 5:42 p.m. 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 Wrangler Drive and west of Belt Line Road . Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. Page 1City of Coppell, Texas July 23, 2013City Council Minutes B.Discussion regarding property purchases, related legal issues and matters concerning property located at Northlake. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney. C.Consultation with City Attorney and Bond Counsel to seek legal advice , and discussion regarding Sales and Use Taxes and Development Corporations Act. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 6:15 p.m. and convened into the Work Session. A.Presentation by Joe Jaynes with Waste Management . B.Presentation of Phase I Branding Study by Hahn, TX. C.Discussion regarding the Redflex Contract. D.Demographic Update. E.CRDC Sales Tax Reauthorization Discussion . F.Discussion of Agenda Items. Presented in Work Session Regular Session Mayor Hunt adjourned the Work Session at 7:33 p.m. and opened the Regular Session. Invocation 7:30 p.m.4. Pastor Tim Holland, Life Church, gave the Invocation. Pledge of Allegiance5. Connor O'Quinn with Troop #842 led those present in the Pledge of Allegiance. 6.Report by the Economic Development Committee. Bill Rohloff, Chair, gave the board's semi-annual report. Citizens’ Appearance7. Mayor Hunt advised that no one signed up to speak. 8.Consider approval of the minutes: July 9, 2013. Page 2City of Coppell, Texas July 23, 2013City Council Minutes A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 9.Presentation by Hahn, Texas regarding Branding Initiative Phase I. Read and Filed Presentation: Sharon Logan, Public Information Officer, introduced Mike Clark-Madison with Hahn Public, who made a presentation to Council. 10.Consider approval of a development agreement between Hack Belt 27 Partners, L.P. and the City of Coppell to allow for a 50% credit against future roadway impact fees associated with the prior dedication of right-of-way and construction of the portion of Dividend Drive east of South Belt Line; and authorizing the City Manager to execute all necessary documents. Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 11.Consider approval of a project for new computer virtual desktop infrastructure in the total amount of $295,210.33; by entering the into the following agreements: Flair Data Solutions in the amount of $184,202.40, EST Group in the amount of $63,007.93, and a Professional Services Agreement with Comport in the amount of $48,000.00; and authorizing the City Manager to sign and execute any necessary documents. Presentation: Jerod Anderson, Assistant Chief Information Officer, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Aaron Duncan, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 12.Consider approval of an Interlocal Agreement between Addison , Page 3City of Coppell, Texas July 23, 2013City Council Minutes Carrollton, Farmers Branch and Coppell to equally share the costs of a Consultant Services Agreement with RCC Consultants Inc ., not to exceed $63,714.35 for each city, to perform Phase III of the Public Safety Radio replacement project; and authorizing the Mayor to sign; and authorizing the City Manager to execute any and all documents. Presentation: Police Chief Mac Tristan made a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - 13.Consider repeal of Resolution 2013-0611.3 and approval of a revised settlement and release agreement(s) by and between Luminant and Coppell concerning property located at Northlake; and, authorizing the City Manager to sign. Presentation: City Attorney Robert Hager made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Bob Mahalik, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0723.1 14.Consider repeal of Resolutions 2013-0423.1 and 2013-0611.4; and approval of a revised surface use agreement between Luminant, Trammell Crow No. 43, Ltd., Coppell Independent School District and the City of Coppell covering approximately 1,700 ± acres of land at Northlake; and, authorizing the City Manager to sign and execute all necessary documents. Presentation: City Attorney Robert Hager made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0723.2 15.Consider repealing Resolution 2013-0423.3 and approval of a revised Purchase and Sales Agreement by and between Luminant Generation Page 4City of Coppell, Texas July 23, 2013City Council Minutes Company, LLC and the City of Coppell for approximately 56.049 acres of land at Northlake and authorizing the City Manager to sign any and all necessary documents. Presentation: City Attorney Robert Hager made a presentation to Council. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0723.3 16.Consider approval of grant of easement to Oncor for transmission and distribution lines over city owned property located at Northlake; and, authorizing the Mayor to sign. Presentation: City Attorney Robert Hager made a presentation to Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-0723.4 17.Consider approval of an Ordinance ordering a Special Election to be held on November 5, 2013, to consider the reauthorization and adoption of one-half of one percent sales and use tax; and authorizing the Mayor to sign. A considerarse la aprobación de un estatuto con el mandato a convocar a una Elección Especial a llevarse a cabo el 5 de noviembre de 2013, con el fin de tomarse en consideración la reautorización y adopción del medio punto porcentual en el impuesto sobre ventas y uso autorizándose al Alcalde para firmarlo . Presentation: City Attorney Robert Hager made a presentation to Council. A motion was made by Councilmember Bob Mahalik, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Mayor Pro Tem Billy Faught;Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin and Councilmember Aaron Duncan Aye:7 - Enactment No: 2013-1349 Page 5City of Coppell, Texas July 23, 2013City Council Minutes City Manager Reports18. Project Updates and Future Agendas. Read and Filed City Manager Clay Phillips asked Council to take a look at the progress being made on the Biodiversity Center out at Wagon Wheel Park. The contractor is doing stellar work. Regarding the Square in Old Town, the contractor is working in earnest. Sandy Lake Road is continuing forward. The canal work at Andy Brown East is coming together. Several trail pieces are beginning to connect together with the various projects around town. Mr. Phillips reminded Council that there will be a Budget Work Session and 5th Week Workshop on Monday, July 29th. Discussion will include: follow up on the property tax status and questions around the Branding Study. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 19. Nothing to report. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 20. The National Night Out Golf Tournament will be held on Friday, August 9th at Tour 18. Necessary Action from Executive Session21. Nothing to report. Adjournment There being no further business before the Council, the meeting was adjourned. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 6City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1207 File ID: Type: Status: 2013-1207 Agenda Item Passed 1Version: Reference: In Control: Administration 07/30/2013File Created: 08/13/2013Final Action: Resolution - Marketplace Fairness ActFile Name: Title: Consider approval of a Resolution of the City Council of the City of Coppell, Texas, supporting congressional action on Marketplace Fairness Act; and authorizing the Mayor to sign. Notes: Agenda Date: 08/13/2013 Agenda Number: B. Sponsors: Enactment Date: Resolution Congressional Action on Marketplace Fairness Act.pdf Attachments: Enactment Number: 2013-0813.1 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved08/13/2013City Council Mayor Hunt pulled Consent Agenda Item B off to be considered separately. City Manager Clay Phillips briefly explained the basis behind this Agenda Item. A motion was made by Councilmember Gary Roden, seconded by Councilmember Wes Mays, to approve this Agenda Item upon striking Where As paragraphs 8 and 9. The motion passed 6-1 with Councilmember Tim Brancheau voting against the motion. Action Text: Mayor Pro Tem Billy Faught, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 6Aye: Councilmember Tim Brancheau1Nay: Text of Legislative File 2013-1207 Title Consider approval of a Resolution of the City Council of the City of Coppell, Texas, supporting congressional action on Marketplace Fairness Act; and authorizing the Mayor to sign. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1207) Fiscal Impact: Staff Recommendation: Staff recommends approval. Goal Icon: Sustainable City Government Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, SUPPORTING CONGRESSIONAL ACTION ON MARKETPLACE FAIRNESS ACT. WHEREAS, the Supreme Court of the United States established in its 1992 Quill v. North Dakota decision that States cannot on their own accord require out of state retailers to collect sales taxes; and WHEREAS, the Supreme Court of the United States also declared in the same ruling that Congress could exercise its authority under the Commerce Clause of the U.S. Constitution to decide “whether, when, and to what extent” the states may require sales tax collection on remote sales; and WHEREAS, the city of Coppell receives a substantial amount of operating revenue from sales tax collected by brick and mortar businesses, from online vendors with a nexus in the state and from use tax as collected by the city of Coppell; and WHEREAS, remittance of use tax not collected by the vendor from online purchases puts an undue burden and widely unknown obligation on consumers; and WHEREAS, the state of Texas has taken all necessary steps in preparation for collection of online sales tax by making remittance of sales tax as simple as possible for online vendors; and WHEREAS, the traditional legal measures of physical presences and nexus create an unlevel playing field between internet-based retailers and Texas-based retailers, who are rooted and invested in the community; and WHEREAS, the unlevel playing field and tax collection loophole given to online-only retailers starves local economies of precious resources for providing services such as schools, public safety, and infrastructure; and WHEREAS, an economic impact study by conservative economist Dr. Arthur B. Laffer shows that requiring online-only retailers to collect and remit state sales taxes could help create jobs in Texas and add revenue to our state’s economy; and WHEREAS, that same study shows over 1.5 million jobs could be created and more than $563 billion could be added to our national economy if online-only retailers collected and remitted sales taxes; and WHEREAS, local brick and mortar retailers serve as a foundation of our economy and are permanent, engaged members of the community who employ our citizens, support neighborhood charities and organizations, and contribute to the city; and NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, that the city of Coppell supports leveling the playing field between traditional brick and mortar retailers and Internet-based retailers, provided the State of Texas continues to use the “point of origin" method in determining how sales tax remittance to Texas cities will continue as required by Section 2 (b) of the Marketplace Fairness Act of 2013, by calling on the U.S. House of Representatives to take up and pass S. 743 — the Marketplace Fairness Act of 2013 without delay. DULY PASSED by the City Council of the city of Coppell, Texas, this the 13th day of August, 2013. APPROVED: _________________________________________ KAREN SELBO HUNT, MAYOR ATTEST: _________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1212 File ID: Type: Status: 2013-1212 Agenda Item Passed 1Version: Reference: In Control: Police 08/01/2013File Created: 08/13/2013Final Action: Wrecker OrdinanceFile Name: Title: Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell by amending Chapter 6, “Business Regulations”, Article 6-9 deleting Sections 6-9-2(D), 6-9-2(E) and 6-9-2(F) and Sections 6-9-4 and 6-9-5 to conform to the Texas Transportation Code Section 643.201 that regulates Licensing and Registration of Tow Trucks; and authorizing the Mayor to sign. Notes: Agenda Date: 08/13/2013 Agenda Number: C. Sponsors: Enactment Date: Tow Truck Ordinance Memo 081313.pdf, Ordinance-Tow Truck Regulations.pdf Attachments: Enactment Number: 2013-1350 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 08/13/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Agenda Items A, C, E-H on the Consent Agenda. Consent Agenda Items B and D were pulled and considered separately. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1212 Title Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell by amending Chapter 6, “Business Regulations”, Article 6-9 deleting Sections 6-9-2(D), 6-9-2(E) and 6-9-2(F) and Sections 6-9-4 and 6-9-5 to conform to the Texas Transportation Code Section 643.201 that regulates Licensing and Registration of Tow Trucks; and authorizing the Mayor to sign. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1212) Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Mac Tristan, Chief of Police Date: August 13, 2013 Reference: Consider approval of the amendments to City Ordinance Chapter 6, “Business Regulations”, Article 6-9 in an attempt to mirror changes that have been made to the Texas Transportation Code over the past several years. The Transportation Code Section 643.201 regulates Licensing and Registration of Tow Trucks. 2030: Coppell 2030, Healthy Neighborhoods Introduction: Section 6-9 of the Coppell Code of Ordinances regulating Tow Truck operations in the city is outdated and requires actions by Towing Companies that have not been practiced in several years. Since Tow Truck operators are now regulated by the State of Texas, there is no need to have the same requirements restated in a city ordinance. The changes simply clean up the language in the ordinance and brings the city in compliance with State regulations. Analysis: None Fiscal Impact: None Legal Review: Agenda item and revised ordinance was revived by David Dodd. Recommendation: The Police Department recommends Council approve the proposed changes to the city ordinance and authorize the Mayor to sign. Page 1 60665 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6, “BUSINESS REGULATIONS”, ARTICLE 6-9 BY DELETING 6-9-2(D), 6-9-2(E) AND 6-9-2(F); DELETING SECTION 6-9-4 AND 6-9-5; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Citizens are protected by State laws governing tow truck services; and WHEREAS, after consideration, the City Council has determined that it is in the best interest of the City and its citizens to amend the current Article 6-9. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: Chapter 6 of the Code of Ordinances be amended to read as follows: . . . . . ARTICLE 6-9. TOW TRUCK REGULATIONS Sec. 6-9-1. Definitions . . . . . . . . . . Sec. 6-9-2 Registration License. A. It shall be unlawful . . . B. It shall be unlawful . . . C. It shall be unlawful . . . D. (DELETE) E. (DELETE) F. (DELETE) Sec. 6-9-3. Reserved for future use. Sec. 6-9-4. Towing company records. (DELETE) Sec. 6-9-5. Notification to police; display of work order. (DELETE) Page 2 60665 Sec. 6-9-6. Tow service; accident. A. The operator of a wrecker called into an accident . . . . .” SECTION 2. That all provisions 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 3. That the Code of Ordinances of the City of Coppell, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 4. 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 ordinance as a whole. SECTION 5. 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, on the ____ day of _________, 2013. DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON THIS THE ____ DAY OF _____________, 2013. APPROVED: ____________________________________________ KAREN SELBO HUNT ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1145 File ID: Type: Status: 2013-1145 Agenda Item Passed 1Version: Reference: In Control: Engineering 06/26/2013File Created: 08/13/2013Final Action: Freeport Pkwy ROW acquisition proceedingsFile Name: Title: Consider approval of a Resolution authorizing the city attorney to file eminent domain proceedings to acquire 0.138 +/- acres of real property for the expansion of public roadway and right of way along Freeport Parkway; and authorizing the Mayor to sign and execute the necessary documents. Notes: Agenda Date: 08/13/2013 Agenda Number: D. Sponsors: Enactment Date: Eminent Domain Memo.pdf, Resolution.pdf, Exhibit A - Site Plan.pdf Attachments: Enactment Number: 2013-0813.2 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pulled07/09/2013City Council Pulled Action Text: 1 PassApproved08/13/2013City Council Mayor Hunt pulled Consent Agenda Item D off to be considered separately. Mike Garza, Civil Engineer, made a brief presentation to further explain this Agenda Item. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1145 Title Consider approval of a Resolution authorizing the city attorney to file eminent domain proceedings to acquire 0.138 +/- acres of real property for the expansion of public roadway and Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1145) right of way along Freeport Parkway; and authorizing the Mayor to sign and execute the necessary documents. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: The Engineering department recommends approval of this resolution. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 13, 2013 Reference: Consider approval of a resolution authorizing eminent domain proceedings 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities Introduction: This agenda item is being presented for approval of a resolution authorizing the city attorney to file eminent domain proceedings to acquire 0.138 +/- acres of real property for the expansion of public roadway and right of way along Freeport Parkway located at 192 S. Freeport Parkway, Coppell, Dallas County, Texas. Analysis: For the portion of Freeport Parkway from Ruby Road to West Sandy Lake Road, the city has been working on right of way acquisition since January of 2009. We have acquired all the property needed with the exception of 192 S. Freeport Parkway. Below is a breakdown for each parcel: Parcels 1&3 – City of Coppell Parcels 1&3 are located on S. Freeport Parkway and are City of Coppell Wagon Wheel Park properties that consist of 18,992 SF and 25,875 SF respectively. Parcel 2 – Stewart Family Living Trust Parcel 2 is located at 300 S. Freeport Parkway and consists of 14,948 (.343 AC) square feet. This parcel has been acquired at a value of $104,940.00, or $7.02/SF. Parcel 4 – Henry Tate Parcel 4 is located at 288 S. Freeport Parkway and consists of 7,579 (.174 AC) square feet. This parcel has been acquired at a value of $36,943.50, or $4.87/SF. Parcel 5 – Michael and Linda Alexander Parcel 5 is located at 196 S. Freeport Parkway and consists of 12,240 (.281 AC) square feet. This parcel has been acquired at a value of $65,882.40, or $5.38/SF. 2 Parcel 6 – Joe Charles Hardman Parcel 6 is located at 192 S. Freeport Parkway and consists of 6,011 (0.138 AC) square feet. At this point, no agreement has been reached on this parcel. Contact was made with Joe Hardman via letter by our department on 1/20/2009 informing him of the project and the right of way needs with an offer of $15,028.20, or $2.50/SF. There was no response and this project was put on hold. On 6/1/2011 another letter was sent to Mr. Hardman with the same offer. This offer was verbally declined. On 3/21/2012 an offer of $55,480.30, or $9.23/SF was sent to Mr. Hardman for his consideration. Included in this offer was an amount that Mr. Hardman had provided us with from an appraisal he had done by a certified arborist for 3 trees that we would be removing from his property in the amount of $29,650.00. We also offered to compensate him $3,300 for future water impact fees and $6,000 for noise, landscaping and screening from the roadway. In July of 2012 the city met with Mr. Hardman and he provided us a counter-offer of $106,401.00 or $17.70/SF. On 12/26/2013, a final offer of $59,480.30, or $9.90/SF was sent to Mr. Hardman. On 5/29/2013, the city met with Mr. Hardman and he informed us that we still were not close to his numbers. He notified us that he was going to have to do more research and get back to us. We let him know that we would need to move forward and proceed on the July 9th council meeting with the intent of eminent domain process, and in the meantime he could provide us with his numbers. On July 9th, we met with Mr. Hardman and agreed to an amount of $85,000 or $14.14/SF and he signed the letter of intent. We pulled the item from the council agenda and began the process to issue the funds to Mr. Hardman. Mr. Hardman began to have second thoughts on his agreement and on July 23rd, we met with Mr. Hardman again and he decided to back out of the offer and asked us to proceed with the imminent domain process. Parcel 7 – Cabot II TXIL01 LP Parcel 7 is located on S. Freeport Parkway and consists of 566 (.013 AC) square feet. This parcel has been acquired at a value of $1,415, or $2.50/SF. Parcel 8 – Kristine Sorokwasz Parcel 8 is located on 188 S. Freeport Parkway and consists of 6,447 (.148) square feet. This parcel has been acquired at a value of $32,346.70, or $5.02/SF. Legal Review: This resolution was reviewed by David Dodd on 6/26/2013. Fiscal Impact: The funds for the right of way purchase are provided through the Regional Toll Revenue (RTR) fund. The state pays 80% and the city pays 20%. Of the $85,000 that was offered, the city would be responsible for $17,000.00. Recommendation: The Engineering department recommends approval of this resolution. CITY OF COPPELL, TEXAS RESOLUTION NO. ______________ A RESOLUTION PROVIDING FOR AND CONSENTING TO THE EXERCISE OF EMINENT DOMAIN AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; PROVIDING FOR THE ACQUISITION BY EMINENT DOMAIN OF A PORTION OF THE PROPERTY DESCRIBED IN EXHIBIT A AND B AND COMMONLY REFERRED TO AS 192 SOUTH FREEPORT PARKWAY WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS; DECLARING A PUBLIC NECESSITY EXISTS AND FINDING A PUBLIC USE AND PURPOSE FOR THE WELFARE AND CONVENIENCE OF THE CITIZENS, REQUIRES THE TAKING AND ACQUIRING OF PROPERTY FOR THE EXPANSION OF ROADWAY, THAT CERTAIN TRACT WHICH WILL BE BURDENED WITH THE ROADWAY EXPANSION IS LOCATED ON THE EAST LINE OF SOUTH FREEPORT PARKWAY APPROXIMATELY 1500 FEET SOUTH OF WEST SANDY LAKE ROAD; PROVIDING FOR AN OFFER TO PURCHASE THE PERMANENT RIGHT OF WAY FOR JUST COMPENSATION AND IF SUCH OFFER IS REFUSED, AUTHORIZING COUNSEL TO INSTITUTE NECESSARY PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY FOR STREET WIDENING AND RELATED PUBLIC PURPOSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell (“City”) wishes to provide for the health and welfare of its citizens; and WHEREAS, the City is a home rule City with specific, enumerated powers to provide for the health, safety and general welfare of its citizens; and WHEREAS, it is hereby determined that a public necessity exists, and that a public use and purpose for the welfare and convenience of the citizens requires the acquisition of permanent right of way for street widening purposes, with such right of way vesting in the City burdening the hereinafter described property, for the public purpose of constructing and maintaining right of way for public streets and utility improvements; and WHEREAS, the City is authorized pursuant to Chapter 251, TEX. LOCAL GOV’T CODE, to exercise the right or power of eminent domain for public purposes to acquire property, whether located inside or outside the municipality, where necessary for the purpose of providing a thoroughfare system, a waterworks system, water storage, drainage, treatment, distribution, transmission, or sewage system, including sewage collection, drainage, treatment, disposal, and emptying facilities or any other public purpose recognized under state law; and Page 2 NJDHS 992010 WHEREAS, the City is authorized to exercise the power of eminent domain to acquire said tract of land more fully described herein and depicted in Exhibit A and B, which is attached hereto and incorporated herein; and WHEREAS, the City is acquiring such land in accordance with state law; and WHEREAS, the parcel of land so described herein will be appraised in accordance with the provisions of Chapter 21, TEX. PROPERTY CODE to establish just compensation as provided therein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That City Manager or designee is hereby authorized and directed to implement the applicable provisions of this Resolution. Section 2. That a public necessity exists and public use and purpose for the public welfare and convenience require the acquisition of a portion of the property located at 192 South Freeport Parkway for the purpose of providing a thoroughfare system, a waterworks system, water storage, drainage, treatment, distribution, transmission, or sewage system, including sewage collection, drainage, treatment, disposal, and emptying facilities or any other public purpose recognized under state law for Freeport Parkway, being a public thoroughfare, with title vesting in the City of Coppell, Texas, in that certain tract or parcel of land containing approximately 0.138 (+/-) acres of land in the name of the City of Coppell in, over and across the property owned by Joe Charles Hardman depicted in Exhibit A and B, attached hereto and made a part hereof for all purposes. Section 3. That the public is required to obtain the subject tract for the expressed public purpose of expanding and extending public right-of-way for the widening of Freeport Parkway; as depicted on the current City of Coppell thoroughfare plan. Section 4. That the city council of the City of Coppell hereby finds that there is a public necessity and public use and purpose required to acquire the permanent right of way and the size, scope, width and dimensions set forth herein and for the purposes stated in this Resolution. Section 5. That an offer of a just and adequate compensation based on fair market value shall be made for the said 0.138(+/-) acre tract of land, more or less, including damages to the remainder, if any. Said offer having been based on an independent appraisal. The City Manager, or designee, is hereby authorized and directed to make an offer for the acquisition of the permanent right of way to the owner of the property. Section 6. That in the event the offer described herein is refused or not accepted by the owner of the property, the City Attorney is hereby authorized and directed on behalf of the City to file the necessary eminent domain proceedings or suit and to take whatever action may be necessary against the owner and any other parties having interest in the property to acquire the property for such public purpose as set forth herein with such title vesting in the City of Coppell. Page 3 NJDHS 992010 Section 7. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property then the City Attorney or designee is authorized and directed to join said parties as defendants in said condemnation. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity obtaining City Council approval authorizing condemnation of the corrected or revised property. Section 8. That if for any reason any section, paragraph, subdivision, clause, phrase or provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or any other Resolution of the City of Coppell to which these rules and regulations relate. Section 9. That the City Council hereby finds and declares all precatory language herein to be true and correct and approves and adopts the same herein as part of this Resolution. Section 10. That this Resolution shall take effect on and after its adoption by the City Council of the City of Coppell. PASSED AND APPROVED this _____ day of ______________, 2013. APPROVED: By: Karen Selbo Hunt, Mayor ATTEST: By: Christel Pettinos, City Secretary APPROVED AS TO FORM: By: Robert E. Hager, City Attorney Right of Way Easement192 S. Freeport ParkwayCity of Coppell Project ST05-02ACreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg\ST05-02A ROWCreated on: 1 July 2013 by Scott Latta1/21/21 1 INCH = FT.010010050Right of Way Easement192 S. Freeport ParkwayCity of Coppell Project ST05-02ACreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2013.dwg\ST05-02A ROWCreated on: 1 July 2013 by Scott LattaAREA OF PROPOSEDRIGHT OF WAYEASEMENT2/2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1196 File ID: Type: Status: 2013-1196 Agenda Item Passed 2Version: Reference: In Control: Finance 07/26/2013File Created: 08/13/2013Final Action: Collection Ratio 2013File Name: Title: Consider approval of the certification of the 2013 anticipated collection rate for the period July 1, 2013 through June 30, 2014 and the amount of excess debt collections during the period of July 1, 2012 through June 30, 2013. Notes: Agenda Date: 08/13/2013 Agenda Number: E. Sponsors: Enactment Date: Memo Collection Rate - Excess Collections 2013.pdf, 2013 Assessor-Collector Certifications.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 2 PassApproved on the Consent Agenda 08/13/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Agenda Items A, C, E-H on the Consent Agenda. Consent Agenda Items B and D were pulled and considered separately. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1196 Title Consider approval of the certification of the 2013 anticipated collection rate for the period July 1, 2013 through June 30, 2014 and the amount of excess debt collections during the period of July 1, 2012 through June 30, 2013. Summary See attached memorandum and certification. Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1196) Staff Recommendation: The Finance Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: August 13, 2013 Reference: Anticipated Collection Rate for 2013 and Excess Debt Collections 2030: Sustainable City Government Introduction: Pursuant to the truth in taxation laws of Chapter 26.04 of the Texas Property Tax Code, the Tax Assessor/Collector must certify the anticipated collection rate for FY 2013-14 and the excess debt tax dollars that were collected in 2012. The excess collections must then be used in the following fiscal year to lower the amount of tax revenue needed for debt service. Analysis: The anticipated collection rate of 99% and the amount of excess debt collections of $46,326 are used in the calculation of the effective/rollback tax for 2013. Legal Review: Agenda item did not require legal review. Fiscal Impact: Recommendation: The Finance Department recommends approval. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1214 File ID: Type: Status: 2013-1214 Resolution Passed 1Version: Reference: In Control: Administration 08/05/2013File Created: 08/13/2013Final Action: Main Street Phase II - 2nd Amendment to DCC&RsFile Name: Title: Consider a Resolution approving the Second Amendment to the Declaration of Covenants, Conditions, and Restrictions for Main Street Coppell relating to their application to the property to be located in Old Town (Main Street) Phase II and authorizing the Mayor and City Manager to sign all related documents. Notes: Agenda Date: 08/13/2013 Agenda Number: F. Sponsors: Enactment Date: 2nd Amendment to DCCRS - Memo.pdf, Resolution and 2nd Amendment DCCR.pdf Attachments: Enactment Number: 2013-0813.3 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 08/13/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Agenda Items A, C, E-H on the Consent Agenda. Consent Agenda Items B and D were pulled and considered separately. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1214 Title Consider a Resolution approving the Second Amendment to the Declaration of Covenants, Conditions, and Restrictions for Main Street Coppell relating to their application to the property to be located in Old Town (Main Street) Phase II and authorizing the Mayor and City Manager to sign all related documents. Summary Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1214) This is the Second Amendment to the Declaration of Covenants, Conditions and Restrictions that were originally approved by City Council on May 3, 2012 and amended on November 1, 2012. This amendment allows the approximate 7.9 acres of additional land that will be acquired by Main Street Coppell, Ltd. to be included under the Declaration of Covenants, Conditions and Restrictions that are already in place. Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: Economic Development recommends approval. Goal Icon: Business Prosperity Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Clay Phillips, City Manager Date: August 13, 2013 Reference: Consider a Resolution approving the Second Amendment to the Declaration of Covenants, Conditions, and Restrictions for Main Street Coppell relating to their application to the property to be located in Old Town (Main Street) Phase II and authorizing the Mayor and City Manager to sign all related documents. 2030: Business Prosperity and Special Place to Live Introduction: Main Street Coppell, Ltd. has commenced construction on a mixed-use development known as Main Street at Coppell on approximately 9 acres of land on the west side of S. Coppell Road in Old Town Coppell. City Council approved a Declaration of Covenants, Conditions and Restrictions (DCC&Rs) for the property contained in Main Street at Coppell on May 3, 2012. Due to the success of the current development, Main Street Coppell, Ltd. decided to purchase additional land in Old Town Coppell for Main Street at Coppell Phase II. On April 23, 2013, City Council approved a contract that allowed Main Street Coppell, Ltd. to purchase approximately 7.9 acres of land on the east side of S. Coppell Road for the development of approximately 64 single family homes. In order for the land in Main Street at Coppell Phase II to be included in the Declaration of Covenants, Conditions and Restrictions established for Phase I, the current DCC&Rs must be amended. Analysis: This is the Second Amendment to the Declaration of Covenants, Conditions and Restrictions that were originally approved by City Council on May 3, 2012. The original DCC&Rs were amended 2 on November 1, 2012 to modify and detail the landscape requirements applicable to the property, amend certain assessment procedures under the Declaration, and correct the legal description of one of the Lots included within the property. As previously mentioned, this amendment will modify the existing boundaries to allow the approximate 7.9 acres of additional land to be included under the DCC&Rs that are already in place for Phase I. Legal Review: Agenda item was reviewed by Kevin Laughlin. Fiscal Impact: N/A Recommendation: Economic Development recommends approval. RESOLUTION NO. ________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MAIN STREET COPPELL RELATING TO THEIR APPLICATION TO THE PROPERTY TO BE LOCATED IN OLD TOWN (MAIN STREET) PHASE II; AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN RELATED DOCUMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell (“City”) and the Coppell Economic Development Foundation (“CEDF”) are parties to a real estate purchase and sale agreement regarding the sale of the City’s property in Old Town Addition (“the Development”) to CEDF for the purpose of having the property resold to and developed by Main Street Coppell, Ltd. (“MSC”); and WHEREAS, in accordance with that certain Development Agreement between City and CSE Commercial Real Estate, L.P. (“CSE”) effective November 29, 2010, and amended effective December 27, 2011, and assigned to MSC, MSC is required to adopt a declaration of covenants and restrictions establishing a property owner’s association with respect to the perpetual maintenance of the common areas of the Development among other things; and WHEREAS, MSC has in fact executed and recorded that certain Declaration of Covenants, Conditions, and Restrictions for Main Street Coppell (“the Original Covenants”) dated May 3, 2012, recorded as Document Number 201200128399 in the Official Public Records of Dallas County, Texas; and WHEREAS, with the prior approval of the City Council, the Original Covenants were amended by that certain First Amendment to Declaration of Covenants, Conditions, and Restrictions (“the First Amendment”) dated and effective as of November 1, 2012, and recorded as Document Number 201200331922 in the Official Public Records of Dallas County, Texas (the Original Covenants and the First Amendment collectively being “the Covenants”); and WHEREAS, City and CEDF have entered into a second Purchase and Sale Agreement (“the Phase II Purchase Agreement”) regarding the sale of an additional 7.9± acre tract of land for the purpose of having the property resold to and developed by CSE for development of a second phase of the Development; and WHEREAS, CSE desires that the Covenants be further amended to incorporate the land to be ultimately purchased by CSE or its assigns pursuant to the Phase II Purchase Agreement so that the additional property is subject to the Covenants; and WHEREAS, amendment to the Covenants requires approval of the City Council; and WHEREAS, having been presented the text of the proposed second amendment to the Covenants for review and consideration, the City Council find it is in the best interest of the City of Coppell and its citizens to approve said second amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THAT: SECTION 1. The Second Amendment to the Declaration of Covenants, Conditions, and Restrictions for Main Street Coppell which is attached hereto as Exhibit 1, is hereby approved. SECTION 2. The Mayor and City Manager of the City of Coppell, Texas, as appropriate, are hereby authorized to execute such additional documents and certifications as reasonable and necessary to certify and affirm the approval granted by this resolution. SECTION 3. Should any part of this resolution be held to be invalid for any reason, the remainder shall not be affected thereby, and such remaining portions are hereby declared to be severable. SECTION 4. This resolution shall take effect immediately from and after its passage, and it is duly resolved. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the ____ day of , 2013. APPROVED: Karen Selbo Hunt, Mayor ATTEST: Christel Pettinos, City Secretary APPROVED AS TO FORM: _________________________________ Robert E. Hager, City Attorney (kbl:7/22/13:61485) After recording return to: Jeffrey Fink, Esq. Apple & Fink, LLP 735 Plaza Blvd, Ste 200 Coppell, TX 75019 SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS SECOND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MAIN STREET COPPELL (“Second Amendment”) is executed by Main Street Coppell, Ltd., a Texas limited partnership (“Declarant”), to be effective as of _____________ ___, 20___. RECITALS: A. Declarant executed that certain Declaration of Covenants, Conditions, and Restrictions for Main Street Coppell dated May 3, 2012, recorded as Document Number 201200128399 in the Official Public Records of Dallas County, Texas, (i) supplemented by that certain First Supplemental Declaration of Covenants, Conditions, and Restrictions dated effective as of June 25, 2012 and recorded as Document Number 201200186210 in the Official Public Records of Dallas County, Texas, and (ii) amended by that certain First Amendment to Declaration of Covenants, Conditions, and Restrictions dated effective as of November 1, 2012 and recorded as Document Number 201200331922 in the Official Public Records of Dallas County, Texas, and (iii) supplemented by that certain Second Supplemental Declaration of Covenants, Conditions and Restrictions dated effective as of December 3, 2012 and recorded as Document No. 201200361548 in the Official Public Records of Dallas County, Texas, and (iv) supplemented by that certain Third Supplemental Declaration of Covenants, Conditions and Restrictions dated effective as of January 15, 2013 and recorded as Document No. 201300017361 in the Official Public Records of Dallas County, Texas, and (v) supplemented by that certain Fourth Supplemental Declaration of Covenants, Conditions and Restrictions dated effective as of February 25, 2013 and recorded as Document No. 201300060281 in the Official Public Records of Dallas County, Texas, and (vi) supplemented by that certain Fifth Supplemental Declaration of Covenants, Conditions and Restrictions dated effective as of May 6, 2013 and recorded as Document No. 201300146915 in the Official Public Records of Dallas County, Texas, and (vii) supplemented by that certain Sixth Supplemental Declaration of Covenants, Conditions and Restrictions dated effective as of May 13, 2013 and recorded as Document No. 201300151249 in the Official Public Records of Dallas County, Texas, and (viii) supplemented by that certain Seventh Supplemental Declaration of Covenants, Conditions and Restrictions dated effective as of June 3, 2013 and recorded as Document No. 201300177105 in the Official Public Records of Dallas County, Texas (as so supplemented and amended, the “Declaration”), Second Amendment to Declaration of Covenants, Conditions and Restrictions imposing certain covenants, conditions and restrictions on certain real property located in Dallas County, Texas, as more particularly described therein. B. Main Street Coppell 2, Ltd., a Texas limited partnership (“MSC2”) has notified Declarant that it desires to add the property described on Exhibit “A” attached hereto (the “Phase 2 Property”) to the coverage of the Declaration as and when MSC2 or its successors and assigns acquires title to all or portions of the Phase 2 Property pursuant to the terms of that certain Option Agreement (the “Option Agreement”) dated April 25, 2013, between the Coppell Economic Development Foundation and CSE Commercial Real Estate L.P. (“CSE”)(the interest of CSE under the Option Agreement having been assigned to and assumed by MSC2). C. Declarant has determined that the Phase 2 Property is similar to the other residential property subject to the Declaration and is willing to add the Phase 2 Property to the coverage of the Declaration. D. During the Declarant Control Period, Declarant has the unilateral right and power to amend the Declaration to, among other purposes, add the Phase 2 Property as “Additional Property”. E. Declarant desires to amend the Declaration to (i) modify certain definitions in the Declaration, (ii) provide for the addition of the Phase 2 Property to the coverage of the Declaration, and (iii) modify the Main Street Coppell Landscaping Guidelines. NOW, THEREFORE, Declarant hereby amends the Declaration as follows: 1. Capitalized terms not defined herein shall have the same meanings set forth in the Declaration. 2. The following definitions shall be modified as follows: “Common Properties” or “Common Areas” shall be amended to include the common area lots shown on the plat of the Phase 2 Property, including the parking areas, walls, fences and any other improvements now or hereafter located on such lots. The current Common Properties to be included within the Phase 2 Property are shown on Exhibit “B-1” attached hereto which shall be deemed added as a part of Exhibit “B” to the Declaration. “Lot” shall be amended to include the residential lots shown on the plat of the Phase 2 Property. “Property” shall be amended to include the Phase 2 Property. 3. At least five (5) days prior to the closing of the sale of each Lot within the Phase 2 Property pursuant to the terms of the Option Agreement, MSC2 shall notify Second Amendment to Declaration of Covenants, Conditions and Restrictions Declarant in writing of the Lot(s) to be included at such closing. Concurrently with each such closing, Declarant shall, at the expense of MSC2, add such Lot(s) to the coverage of the Declaration by executing and recording a Supplemental Declaration. Each Lot so added to the Declaration by Supplemental Declaration shall be subject to all of the terms and conditions of the Declaration, including Assessments and the architectural approval rights contained in Article VII. 4. Concurrent with the first closing of a Lot(s) within the Phase 2 Property, MSC2 shall convey the common area lots shown on the plat of the Phase 2 Property to the Association, and the Association shall assume responsibility for the maintenance and repair of such common areas. 5. Concurrent with the closing of the sale of the first Lot(s) within the Phase 2 Property, the Landscaping Guidelines for Main Street Coppell shall be restated and amended as shown on Exhibit “B” attached hereto. 6. Except as amended hereby, the Declaration remains in full force and effect in accordance with its original terms and conditions. {Signature Pages Follow} Second Amendment to Declaration of Covenants, Conditions and Restrictions EXECUTED to be effective as of the date first written above. DECLARANT: MAIN STREET COPPELL, LTD. By: CSE-Provident, LLC, its general partner By: Charles Cotten, Manager MSC2: MAIN STREET COPPELL 2, LTD. By: CSE Commercial Real Estate, LP a Texas limited partnership, its General Partner By: Debco Partners, LLC, a Texas limited liability company, its General Partner By: ________________________ Name: Charles Cotten Title: Manager Second Amendment to Declaration of Covenants, Conditions and Restrictions ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me the undersigned authority, on the ____ day of __________, _____, by Charles Cotten, Manager, CSE-Provident, LLC, a Texas limited liability company, the general partner of Main Street Coppell, Ltd., a Texas limited partnership, for and on behalf of said company and partnership. Notary Public, State of Texas My Commission expires: STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was ACKNOWLEDGED before me on the ___ day of _____, 20__, by Charles Cotten, Manager of Debco Partners, LLC, a Texas limited liability company, General Partner of CSE Commercial Real Estate, LP, a Texas limited partnership, which is the General Partner of Main Street Coppell 2, Ltd., a Texas limited partnership, on behalf of such limited partnership. _____________________________ Notary Public State of Texas My Commission Expires: _____________________________ _____________________ Printed Name of Notary Public Second Amendment to Declaration of Covenants, Conditions and Restrictions EXHIBIT “A” PHASE 2 PROPERTY Being Lots 1-13, Block A, Lots 1-32, Block B, Lots 1-8, Block C and Lots 1-11, Block D of the Replat of Lots 1-13 and 1X, Block A, Lots 1-32, Block B, Lots 1-8 & 2X, Block C and Lots 1-11 & 3X-4X, Block D, Old Town (Main Street), Phase II Addition, Being a Replat of Lots 1-5, Block A, The Villages of Old Coppell and a portion of Lot 1, Block A, Grapevine Springs Community Center, being an 8.639 acre tract out of the James A. Simmons Survey, Abstract No. 1296 City of Coppell, Dallas County, Texas, an Addition to the City of Coppell, Dallas County, Texas, according to the Plat thereof recorded in CC# 2013________, Official Public Records of Dallas County, Texas. Second Amendment to Declaration of Covenants, Conditions and Restrictions EXHIBIT “B” AMENDED AND RESTATED LANDSCAPE GUIDELINES FOR MAIN STREET COPPELL – PHASES 1 AND 2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1221 File ID: Type: Status: 2013-1221 Agenda Item Passed 5Version: Reference: In Control: Police 08/06/2013File Created: 08/13/2013Final Action: Redflex Traffic Systems ContractFile Name: Title: Consider approval of an amendment to review the exclusive redlight enforcement system between the City of Coppell and Redflex Traffic Systems for the Photo Red Light Enforcement Program; and authorizing the City Manager to sign. Notes: Agenda Date: 08/13/2013 Agenda Number: G. Sponsors: Enactment Date: Redflex Contract Renewal Memo.pdf, Coppell-Redflex Renewal Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 5 PassApproved on the Consent Agenda 08/13/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Agenda Items A, C, E-H on the Consent Agenda. Consent Agenda Items B and D were pulled and considered separately. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1221 Title Consider approval of an amendment to review the exclusive redlight enforcement system between the City of Coppell and Redflex Traffic Systems for the Photo Red Light Enforcement Program; and authorizing the City Manager to sign. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1221) Staff Recommendation: Staff recommends approval Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Mac Tristan, Chief of Police Date: August 05, 2013 Reference: Consideration of approval of a Contract between Redflex Traffic Systems, Inc. and the City of Coppell to provide photo red light enforcement services. 2030: Coppell 2030, Healthy Neighborhoods Introduction: On December 01, 2006, the City of Coppell entered into a contract with Redflex Traffic Systems, Inc. to provide photo red light enforcement services. The original terms of the contract were for three years with three one-year extensions. The existing contract has reached the end of its maximum term. It is now the Council’s decision to enter into a new contract or allow the photo enforcement program (SafeLight Coppell) to end. Analysis: Since its inception in 2007, the SafeLight Coppell program has recorded a marked decline in the number of violation notices issued. This would tend to suggest that driver behavior has been modified to be cognizant of the presence of photo enforcement and the need to comply with the requirement to stop at red lights. During the first full year of the program (2008), a total of 13,478 violation notices were issued. This number has gradually reduced to 3,887 during the last full year of reporting (2012). More importantly, accidents have also decreased at the three photo-enforced intersections as well. Fiscal Impact: The terms of the proposed agreement include a price reduction of the monthly fee that Redflex charges for its services. The new monthly cost per camera location is $4,870, down from $5,100 per approach per month. Additionally, Redflex has agreed to install new image capturing equipment at each of the three existing enforcement locations; this equipment operates on a better technology platform than the existing Redflex equipment at those locations. This is expected to streamline the review process which will reduce the amount of time spent by Traffic Officers during the review process. There will be no cost to the City for the installation of this new equipment. Furthermore, this contract is based on cost neutrality to the City. If the amount of money collected through issuance of violation notices is insufficient to cover the amount of money owed to Redflex, the outstanding balance will rollover to the next month. If at the end of the contract the City still has an outstanding balance owed to Redflex, Redflex will write off the amount and terminate the contract. 2 Legal Review: Agenda item was reviewed by Robert Hager. Recommendation: The Police Department has found this action to be supportive of the Coppell 2030 Master Plan in Maintaining Healthy and Safe Neighborhoods. As such, staff recommends City Council approval for Coppell to enter into another three year contract with Redflex Traffic Systems, Inc and authorizing the City Manager to sign. 1 AMENDMENT TO THE EXCLUSIVE AGREEMENT BETWEEN THE CITY OF COPPELL, TX AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Amendment (“Amendment”) is made as of the date of the last signature contained herein to the Agreement for Photo Red Light Enforcement Program (the “Agreement”) executed on or about between Redflex Traffic Systems, Inc. (“Redflex”), a Delaware Corporation with offices located at 23751 N. 23rd Avenue, Suite 150, Phoenix Arizona 85085 and Coppell, Texas, a municipal corporation with offices at 7301 NE Loop 820, Coppell, Texas 76180, individually the “Party” and collectively referred to as the “Parties”. RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to continue to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the Customer are able to monitor, identify and enforce photo red light violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions on municipal streets that will be monitored pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the Parties amend the Agreement as follows: AMENDED TERMS AND CONDITIONS 1. Extension of Initial Term. The term of the Agreement shall be extended for an additional three (3) years (“Extended Term”) commencing on the effective date of this agreement and continuing through August 8, 2016. Thereafter, the Agreement shall automatically renew for up to three (3) additional one (1) year terms unless the Customer provides Redflex written notice of non-renewal at least thirty (30) days prior to expiration of the then current term. 2. EXHIBIT “D” PRICING & COMPENSATION. Commencing on the effective date of this Agreement the customer shall be obligated to pay Redflex a fixed fee of $4,870.00 2 per month for each Designated Intersection Approach ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. 3. Exhibit “B” of the Agreement entitled “Construction and Installation Obligations” is hereby amended by adding Redflex Obligations 1.20, Redflex, at its sole expense shall upgrade the video detection equipment to other preferred detection devices as mutually agreed to by both parties in writing, in accordance with the schedule mutually agreed to by Redflex and Coppell Police Department Program Manager with oversight of the Red Light Camera Program at the following existing Designated Intersection Approaches: I. COP-MABL-01 S. MacArthur Blvd & Belt Line Rd (NB) II. COP-MASL-01 S. MacArthur Blvd & Sandy lake Rd (NB) III. COP-MASL-02 S. MacArthur Blvd & Sandy lake Rd (WB) Enforceability of Non-Amended Terms and Conditions. Except as expressly amended in writing in this Amendment, the terms and conditions of the Agreement and any and all amendments, attachments and exhibits attached thereto and incorporated herewith by reference shall be unchanged and shall remain enforceable and in full force and effect. 4. Relationship Between Redflex and the City. Nothing in this Amendment or the Agreement shall create, or be deemed to create, a partnership, joint venture and/or the relationship of principal and agent and/or employer and employee between the Parties. The relationship between the Parties shall be that of independent contractors, and nothing contained herein shall permit, authorize, sanction and/or allow, at any time, either Party to incur any debts and/or liabilities on behalf of the other Party. 5. Headings. The captions, titles, paragraph headings used in this Amendment are for convenience only, and are not a part of this Amendment, and shall not be deemed relevant in construing and/or interpreting this Amendment. 6. Execution And Counterparts. This Amendment may be signed in counterparts, and each counterpart shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree that such counterpart shall be effective and enforceable on or about the date of the last required signature. 7. Covenant of Further Assurances. All Parties to this Amendment shall take, undertake, approve, sanction, and perform, in full, any and all acts and activities and execute and deliver any and all certificates, documents, permits, licenses, agreements, contracts, written instruments and other papers deemed necessary and appropriate for successful and complete compliance with each and every term and condition of this Amendment. 8. Authority to Execute. The undersigned individuals hereby warrant and represent that they have full authority to execute this Amendment on behalf of the entities for which they have signed. 9. Legal Competence. The Parties hereto expressly represent and warrant that they are legally competent to execute this Amendment and that they do so of their own free will and 3 accord without reliance on any representations of any kind or character not expressly set forth herein. 10. No Duress. The Parties expressly represent and warrant that this Amendment has been freely and voluntarily entered into and that the Parties did not execute this Amendment under duress of any kind, from any Party or person, regardless of whether they are a signatory hereto. 11. Joint Efforts. This Amendment has been prepared by the joint efforts of the respective attorneys for the Parties and each Party acknowledges and agrees that the general rule of contract construction providing that the provisions of a contract are to be strictly construed against the drafter of the agreement is hereby waived. 12. No Waiver. No waiver of any of the terms of this Amendment shall be binding unless in writing and signed by all Parties hereto. No waiver of any term of this Amendment shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 13. Severability. The invalidity or unenforceability of any paragraph or provision of this Amendment shall not affect the validity or enforceability of the remainder of this Amendment, or the remainder of any paragraph or provision. This Amendment shall be construed in all respects to the fullest extent permitted by law, and as if any invalid or unenforceable paragraph or provision was omitted. 14. Understanding. The Parties to this Amendment represent that they have received independent advice of counsel concerning the meaning and legal effect of the terms of this Amendment. After such counseling, the Parties represent that they fully understand this Amendment and its terms, and, with this full understanding, voluntarily enter into this Amendment as evidenced by signing it below. The Parties have read and understand all terms and conditions of this Amendment. 15. Binding Effect. This Amendment shall inure to the benefit of and be binding upon the assigns and successors of the respective Parties. (The remainder of this page is left blank intentionally) 4 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as set forth below. Approved as to form, content and legality: CITY of COPPELL, TEXAS: Date: ____________________ By: ____________________ Name: ____________________ Title: ____________________ REDFLEX TRAFFIC SYSTEMS, INC.: Date: ____________________ By: ____________________ Name: ____________________ Title: ___________________ 5 End of Document. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1225 File ID: Type: Status: 2013-1225 Agenda Item Passed 1Version: Reference: In Control: City Secretary 08/09/2013File Created: 08/13/2013Final Action: Amend callingFile Name: Title: Consider approval of an Ordinance of the City of Coppell, Texas, amending Ordinance No. 2013-1349, ordering a Special Election to be held on November 5, 2013, by adding provisions for Coppell residents residing in Denton County; providing an effective date; and authorizing the Mayor to sign. Considerar la aprobación para un Mandato del Ayuntamiento de la Cuidad de Coppell, Texas reformando el Mandato No. 2013-1349 en el cual se ordena una elección especial a convocarse el 5 de Noviembre del 2013 agregándosele cláusulas aplicables a los habitantes de Coppell en el condado de Denton, contemplándose una feche en vigor; y uso autorizándose al Alcalde para firmarlo. Notes: Agenda Date: 08/13/2013 Agenda Number: H. Sponsors: Enactment Date: Ordinance.pdfAttachments: Enactment Number: 2013-1351 Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved on the Consent Agenda 08/13/2013City Council A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Aaron Duncan, to approve Agenda Items A, C, E-H on the Consent Agenda. Consent Agenda Items B and D were pulled and considered separately. The motion passed by an unanimous vote. Action Text: Text of Legislative File 2013-1225 Title Consider approval of an Ordinance of the City of Coppell, Texas, amending Ordinance No . Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1225) 2013-1349, ordering a Special Election to be held on November 5, 2013, by adding provisions for Coppell residents residing in Denton County; providing an effective date; and authorizing the Mayor to sign. Considerar la aprobación para un Mandato del Ayuntamiento de la Cuidad de Coppell, Texas reformando el Mandato No. 2013-1349 en el cual se ordena una elección especial a convocarse el 5 de Noviembre del 2013 agregándosele cláusulas aplicables a los habitantes de Coppell en el condado de Denton, contemplándose una feche en vigor; y uso autorizándose al Alcalde para firmarlo. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 61746 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 2013-1349, ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, BY ADDING PROVISIONS FOR COPPELL RESIDENTS RESIDING IN DENTON COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has previously adopted Ordinance No. 2013-1349 ordering a special election to be held on November 5, 2013 to consider one (1) proposition, to wit: the adoption and extension of use of one half (1/2) of one percent sales and use tax for park systems, athletic facilities, library, gathering places, open space and other related facilities, maintenance and operations and projects related to be submitted to the qualified voters of the City of Coppell for approval or disapproval at said election; and WHEREAS, said Ordinance failed to include provisions for Coppell residents residing in Denton County; and WHEREAS, the City Council desires to amend Ordinance No. 2013-1349 to provide for its residents located in Denton County by providing for the execution of the contract with Denton County, providing for early voting times and locations, providing for ballots by mail, and providing for the polling location on election day. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 3 of Ordinance No. 2013-1349 be, and the same is, hereby amended to provide for the execution of a contract with Denton County Elections Department, which shall hereinafter read as follows: “SECTION 3. The election on the proposed proposition shall be conducted in accordance with Election Contracts between the City of Coppell and Dallas County Elections Department and Denton County Election Department, respectively, for the Special election on November 5, 2013. That the City Manager is hereby authorized to execute Election Contracts with the Counties of Dallas and Denton for the conduct of the election.” SECTION 2. That Section 5 of Ordinance No. 2013-1349 be, and the same is, hereby amended to add the early voting dates, times and locations for Denton County, which shall hereinafter read as follows: “SECTION 5. The main early voting polling place for Dallas County residents shall be the Coppell Town Center, where early voting by personal appearance shall be conducted in accordance with the following schedule: 1 Monday, October 21, 2013, through Saturday, October 26, 2013, 8:00 a.m. - 5:00 p.m.; Sunday, October 27, 2013, 1:00 p.m. - 6:00 p.m.; and Monday, October 28, 2013 through Friday, November 1, 2013, 7:00 a.m. - 7:00 p.m. Dallas County residents may also vote at any other Dallas County Early Voting Polling Location. The locations and times for Denton County residents to early vote shall be as follows at locations specified in the Joint Elections Contract: Monday, October 21, 2013, through Saturday, October 26, 2013, 8:00 a.m. - 5:00 p.m.; No voting Sunday, October 27, 2013; Monday, October 28, 2013 through Wednesday, October 30, 2013, 8:00 a.m. – 5:00 p.m.; Thursday, October 31, 2013 through Friday, November 1, 2013, 7:00 a.m. - 7:00 p.m. Carrollton Public Library, 4220 N. Josey, Carrollton Lewisville Municipal Annex, 1197 W. Main Street, Lewisville Denton County residents may also vote at any other Denton County Early Voting Polling Location. SECTION 3. That Section 6 of Ordinance No. 2013-1349 be, and the same is, hereby amended to provide for early voting by mail with Denton County Elections Department, which shall hereinafter read as follows: “SECTION 6. That applications for early voting ballot by mail by Dallas County residents shall be mailed to: Toni Pippins-Poole, Chief Deputy Early Voting Clerk, Dallas County Elections Department; Health & Human Services Building, 2377 N. Stemmons Freeway, Suite 820, Dallas, Texas 75207. Applications for early voting ballot by mail by Denton County residents shall be mailed to Frank Phillips, Elections Administrator, Denton County Elections Administration, 701 Kimberly Dr., Denton, Texas 76208. Applications for early voting ballot by mail, if mailed, must be received no later than noon on October 25, 2013. Applications for early voting delivered by personal delivery shall be submitted to the Clerk’s office no later than the close of business on October 29, 2013” SECTION 4. That Ordinance No. 2013-1349 shall remain in full force and effect, except as amended herein. SECTION 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. 2 DULY PASSED by the City Council of the City of Coppell, Texas, on the _____ day of ____________________, 2013. APPROVED: ____________________________________ KAREN SELBO HUNT, MAYOR ATTEST: __________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cbp) Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1208 File ID: Type: Status: 2013-1208 Agenda Item Passed 1Version: Reference: In Control: Planning 07/30/2013File Created: 08/13/2013Final Action: Northlake Woodlands Estates, East, PH I, Lot 10R, Blk 2, RP File Name: Title: PUBLIC HEARING: Consider approval of the Northlake Woodlands Estates East, PH I, Lot 10R, Block 2, Replat, being a replat of Lot 10, Block 2, to reduce the required 30-foot front building setback line to 22.5 feet, to allow the construction of a 147-square-foot porch at 616 Villawood Lane. Notes: Agenda Date: 08/13/2013 Agenda Number: 9. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 08/13/2013City Council Presentation: Marcie Diamond, Assistant Director of Planning, 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 Bob Mahalik, to close the Public Hearing and approve this Agenda Item. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1208 Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1208) Title PUBLIC HEARING: Consider approval of the Northlake Woodlands Estates East, PH I, Lot 10R, Block 2, Replat, being a replat of Lot 10, Block 2, to reduce the required 30-foot front building setback line to 22.5 feet, to allow the construction of a 147-square-foot porch at 616 Villawood Lane. Summary Staff Recommendation: On July 18, 2013, the Planning Commission unanimously recommended approval of this REPLAT (7-0). Commissioners Goodale, Sarma, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Thru: Date: Reference: 2030: Introductio The original May 14, 20 22.5 feet to front yard w Analysis: On July 18, conditions. Legal Revie This item di Fiscal Impa None Recommen The Plannin Attachmen Staff Report Mayor an Marcie D Gary L. S August 1 Consider Commun on: l zoning for 13, Council allow the c was also inclu 2013, the P ew: id not requir act: ndation: ng Departme ts: t with Repla nd City Coun Diamond, As Sieb, Directo 13, 2013 r approval N nity Wellne the Northlak approved a construction uded on the Planning & Z re City Attor ent recomme at MEM ncil ssistant Direc or of Plannin Northlake Wo ess & Enrich ke Woodlan a PD amendm of a 147-sq original sub Zoning Com rney review nds approva 1 MORANDU ctor of Plann ng oodlands Est hment, Sens nds East Sub ment which quare-foot po division plat mmission reco al of this repl UM ning tates East, P se of Comm bdivision wa reduced fro orch at 616 t, therefore t ommended lat. H I, Lot 10R munity, Spec s approved i ont yard setb Villawood this replat is approval of R, Block 2, R cial Place to in March, 19 back from 30 Lane. This also require this Replat, Replat o Live 981. On 0 feet to s 30-foot ed. with no ITEM # 8 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Northlake Woodlands Estates East, PH I, Lot 10R, Block 2, Replat P&Z HEARING DATE: July 18, 2013 C.C. HEARING DATE: August 13, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: 616 Villawood Lane SIZE OF AREA: 0.21 acres of property CURRENT ZONING: PD-91R2-SF-7 (Planned Development-91 Revision 2-Single Family-7) REQUEST: A replat of Lot 10, Block 2, to reduce the required 30-foot front building setback line to 22.5 feet, to allow the construction of a 147-square-foot porch at 616 Villawood Lane. APPLICANT: Owner: Surveyor: Marion & Rebecca Singleton Carman-Donaldson Surveying, inc. 616 Villawood Lane Steve Donaldson Coppell, Texas 75019 206 Sweetgum Drive Phone: 817-919-6465 Murphy, Texas 75094 Email: rparkssingleton@gmail.com 214-878-6774 sdonaldson@cdsurveying.com HISTORY: The property is zoned PD-91R2-SF-7. The original zoning was approved in March 1981 for the Northlake Woodlands East Subdivision and revised on May 13, 2013 to allow a reduced front yard setback from 30 feet to 22.5 feet. HISTORIC COMMENT: There is no historic significance related to this property. TRANSPORTATION: Villawood Lane is a 28-foot local road built to standard within a 50-foot right-of- way. ITEM # 8 Page 2 of 2 SURROUNDING LAND USE & ZONING: North: single family residential; PD-91-SF-7 (Planned Development–91- Single Family–7) South: single family residential; SF-12 (Single Family–12) East: single family residential; PD-91-SF-7 (Planned Development–91- Single Family–7) West: single family residential; PD-91-SF-7 (Planned Development–91-Single Family–7) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as suitable for Residential Neighborhood uses. DISCUSSION: This is a request to revise the front yard build line from 30 feet to 22.5 feet for the addition of a front porch. The zoning was approved in May 2013 which allowed for a 7- foot porch extension, simple in design, fitting with the architecture of the existing residence. Stone was approved at the base of the columns with a stained and sealed wood material extending to the ceiling. In regards to the zoning, staff received only positive comments about the addition from the surrounding neighbors and to this date, has not received any comments regarding the replat. This being the case, staff is supportive of the replat to revise the build line to reflect the zoning already approved. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request with no outstanding conditions. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1209 File ID: Type: Status: 2013-1209 Agenda Item Passed 1Version: Reference: In Control: Planning 07/30/2013File Created: 08/13/2013Final Action: Northlake 635 BP, Lot 1, Blk E & Lot 1R2R, Blk D, RP File Name: Title: PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Lot 1, Block E and Lot 1R2R, Block D, Replat, being a replat of Lot 1R1 and 1R2, Block D, to establish necessary easements and fire lanes to allow the development of two office buildings on 8.4 acres (Lot 1, Block E) and to incorporate approximately 1.3 acres of property into Lot 1R2R, Block D (24.4 acres), for a total of 32.83 acres of property located at the northwest corner of South Belt Line Road and Lakeshore Drive. Notes: Agenda Date: 08/13/2013 Agenda Number: 10. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 08/13/2013City Council Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1209) Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Sarah Beth White, representing the applicant, answered questions of Council. A motion was made by Councilmember Gary Roden, seconded by Councilmember Bob Mahalik, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) Additional comments may be generated upon detailed engineering plan review; and 2) A tree removal permit is required prior to the start of construction. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1209 Title PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Lot 1, Block E and Lot 1R2R, Block D, Replat, being a replat of Lot 1R1 and 1R2, Block D, to establish necessary easements and fire lanes to allow the development of two office buildings on 8.4 acres (Lot 1, Block E) and to incorporate approximately 1.3 acres of property into Lot 1R2R, Block D (24.4 acres), for a total of 32.83 acres of property located at the northwest corner of South Belt Line Road and Lakeshore Drive. Summary The following P&Z conditions remain outstanding: 1.Additional comments may be generated upon detailed engineering plan review. 2.A tree removal permit is required prior to the start of construction. Staff Recommendation: On July 18, 2013, the Planning Commission unanimously recommended approval of this REPLAT (7-0). Commissioners Goodale, Sarma, Robinson, Haas, Sangerhausen, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Thru: Date: Reference: 2030: Introductio This is the c 2013, to all construction 1R2R, Bloc building line Analysis: On July 18, the followin 1. T 2. A Legal Revie This item di Fiscal Impa None Recommen The Plannin Attachmen Staff Report Mayor an Marcie D Gary L. S August 1 Consider Replat Business on: companion r low the deve n of 120 add k D. This re e and parkin 2013, the Pl ng conditions There may b A tree remov ew: id not requir act: ndation: ng Departme ts: t, Replat and nd City Coun Diamond, As Sieb, Directo 13, 2013 r approval N s Prosperity equest to the elopment of ditional park eplat will de ng setback is lanning & Z s: be additional val permit is re City Attor ent recomme d Site Plan MEM ncil ssistant Direc or of Plannin Northlake 635 y e site plan ap f two office king spaces dicate mutua proposed to Zoning Comm comments u required pri rney review nds approva 1 MORANDU ctor of Plann ng 5 Business P pproved by P buildings o on 1.3 acres al access, fir o be abandon mission reco upon Detail ior to the sta al of this repl UM ning Park, Lot 1, Planning & Z on 8.4 acres s to serve th re lane and w ned by this p ommended ap Engineering art of constru lat Block E & L Zoning Com (Lot 1, Blo he existing d water easeme plat. approval of th g review. uction. Lot 1R2R, B mmission on ock E) and t development ents while a he Replat, su Block D, July 18, to allow t on Lot ten-foot ubject to ITEM # 10 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Northlake 635 Business Park, Lot 1, Block E & Lot 1R2R, Block D, Replat P&Z HEARING DATE: July 18, 2013 C.C. HEARING DATE: August 13, 2013 STAFF REP.: Matt Steer, City Planner LOCATION: NWC of South Belt Line Road and Lakeshore Drive SIZE OF AREA: 32.83 acres of property CURRENT ZONING: LI (Light Industrial) REQUEST: Replat to establish necessary easements and fire lanes to allow the development of two speculative office buildings on 8.4 acres (Lot 1, Block E) and to incorporate approximately 1.3 acres of property into Lot 1R2R, Block D (24.4 acres). APPLICANT: Owner: Engineer: Contact: Jarrod Yates Trey Braswell Columbia Texas Lakeshore II Kimley Horn Industrial, LLC 5750 Genesis Ct, Ste. 200 120 N LaSalle Street Frisco, Texas 75034] Chicago, Illinois 60602 972-335-3580 214-740-3300 trey.braswell@kimley-horn.com HISTORY: In July 2011, a site plan amendment and replat were approved which allowed for the incorporation of an additional 3.2 acres of property (west of the subject property) into Lot 1R2 to provide approximately 348 additional parking spaces to serve the existing buildings to the north. HISTORIC COMMENT: This property has no known historical significance. TRANSPORTATION: Lakeshore Drive is a four-lane, undivided, concrete street in an industrial area with 60 feet of right-of-way and 41 feet of paving. South Belt Line Road is a six-lane divided arterial within a variable width right-of-way. ITEM # 10 Page 2 of 2 SURROUNDING LAND USE & ZONING: North: Industrial/office use; Light Industrial (LI) South: Industrial/office; Light Industrial (LI) East: Vacant land, City of Dallas West: Industrial/office use; Light Industrial (LI) COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows this property as suitable for office/warehouse uses. DISCUSSION: This is the companion request to the Site Plan. The purpose of the replat is to plat a portion (8.4 acres) of Lot 1R1, Block D as Lot 1, Block E, and to plat the remainder (1.3 acres) into the existing Lot 1R2, Block D (23.1 acres) to form Lot 1R2R, Block D (24.4 acres). Mutual access, fire lane and water easements are proposed to be dedicated while a ten-foot building line and parking setback is proposed to be abandoned by this plat. Staff is recommending approval subject to the purpose statement being revised and the third ownership entity information being filled in at the bottom of the page. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Additional comments may be generated upon detailed engineering plan review. 2. Revise the purpose statement to read, “The purpose of the replat is to plat a portio n (8.4 acres) of Lot 1R1, Block D as Lot 1, Block E, and to plat the remainder (1.3 acres) into the existing Lot 1R2, Block D (23.1 acres) to form Lot 1R2R, Block D (24.4 acres).” 3. Fill in the blanks for the third ownership entity contact information at the bottom of each sheet. 4. A tree removal permit is required prior to the start of construction. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat (2 Sheets) LOT 1R2, BLOCK D NORTHLAKE 635 BUSINESS PARK ADDITION (INST. NO. 201200031777) REMAINDER OF LOT 1R1, BLOCK D NORTHLAKE 635 BUSINESS PARK ADDITION (VOL. 2005039, PG. 242) LOT 1, BLOCK A PSINET ADDITION (INST. NO. 20001020957) LOT 1, BLOCK B COPPELL BUSINESS CENTER II (VOL. 98008, PG. 11) LOT 1R, BLOCK C NORTHLAKE 635 BUSINESS PARK (VOL. 2000167, PG. 425) O.P.R.D.C.T. LOT 1, BLOCK A NORTHLAKE 635 BUSINESS PARK ADDITION (VOL. 97013, PG. 1462) D.R.D.C.T. LAKESHORE DRIVE (A VARIABLE WIDTH RIGHT-OF-WAY)BELTLINEROAD(AVARIABLEWIDTHRIGHT-OF-WAY)WRANGLER DRIVE (A 60' RIGHT-OF-WAY) COLUMBIA TEXAS LAKESHORE II INDUSTRIAL, LLC (INST. NO. 201300119708) 30' BUILDING LINE W/O PARKING (VOL. 99217, PG. 1763) 30' BUILDING LINE W/O PARKING (VOL. 99217, PG. 1763) 60' BUILDING LINE W/PARKING (VOL. 99217, PG. 1763) 60' BUILDING LINE W/PARKING (VOL. 99217, PG. 1763) 15' G.T.E. EASEMENT (VOL. 93123, PG. 2924) (VOL. 93123, PG. 1149) 10' BUILDING LINE AND PARKING SETBACK (VOL. 2005039, PG. 242) (ABANDONED BY THIS PLAT) 24' FIRELANE (VOL. 99217, PG. 1763) UNDERGROUND ELECTRICAL & GAS EASEMENT (VOL. 99217, PG. 1763) 30' COMMON ACCESS EASEMENT (VOL. 2005039, PG. 242) 24' FIRELANE (VOL. 99217, PG. 1763) VARIABLE WIDTH MUTUAL ACCESS EASEMENT (INST. NO. 201200031777) UNDERGROUND ELECTRICAL & GAS EASEMENT (VOL. 2005039, PG. 242)APPROXIMATELIMITSOF100-YEARFLODZONE(PERFLOODMAPDATEDAUGUST23,2001)(SEENOTE1)ZONE"A"(SEENOTE1)APPROXIMATE LIMITS OF 100-YEAR FLOD ZONE (PER FLOOD MAP DATED AUGUST 23, 2001) (SEE NOTE 1) ZONE "A" (SEE NOTE 1) ZONE "X" (SEE NOTE 1)CORDELIABOWENSURVEY-ABSTRACTNO.56G.W.LAWSSURVEY-ABSTRACTNO.843CITYOFCOPPELLCITYOFDALLASP.O.B. 1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD W/"HALFF ASSOC." CAP FOUND 1/2-INCH IRON ROD W/"HALFF ASSOC." CAP FOUND 1/2-INCH IRON ROD W/"HALFF" CAP FOUND 1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD W/"HALFF" CAP FOUND 1/2-INCH IRON ROD W/"HALFF" CAP FOUND 1/2-INCH IRON ROD W/"HALFF ASSOC." CAP FOUND 1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD W/"HALFF" CAP FOUND 1/2-INCH IRON ROD W/"HALFF" CAP FOUND 1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD FOUND5/8-INCH IRON ROD FOUND 1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD W/"PACHECO KOCH" CAP FOUND S11°49'00"E 56.09' S89°29'36"W 185.34' ∆=12°50'19" R=300.00' L=67.22' CB=S83°04'26"W C=67.08' ∆=12°50'19" R=300.00' L=67.22' CB=S83°04'26"W C=67.08' S89°29'36"W 388.27' 10'X10' WATER EASEMENT (BY THIS PLAT) 24' FIRELANE & MUTUAL ACCESS EASEMENT (BY THIS PLAT) 24' FIRELANE & MUTUAL ACCESS EASEMENT (BY THIS PLAT) 24' FIRELANE & MUTUAL ACCESS EASEMENT (BY THIS PLAT) 24' FIRELANE & MUTUAL ACCESS EASEMENT (BY THIS PLAT) C 1 8N0°30'24"W303.71'C19N89°29'36"E 549.81'C 2 0 S0°30'24"E288.71'C21L4C16 C 1 7S89°29'36"W 362.65'C6C5C4S0°30'24"E 20.27'C3S89°29'36"W 549.80'C2S0°30'24"E363.71'C1 C15 L1 C14N89°29'36"E 366.65'C 1 0 C 1 3 L2 C 1 1 L3 C12 C9N0°30'28"W459.32'C8C718.31' 40.27 ' 4.47' 10.27' 47.01'40.41'69.85' 1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD FOUND 5/8-INCH IRON ROD FOUND 1/2-INCH IRON ROD W/"KHA" CAP SET (1/2-INCH IRON ROD FOUND S 44°44' W 0.6')1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD W/"HALFF ASSOC." CAP FOUND 1/2-INCH IRON ROD W/CAP FOUND 1/2-INCH IRON ROD FOUND 1/2-INCH IRON ROD W/"KHA" CAP SET 1/2-INCH IRON ROD W/"KHA" CAP SET LOT 1R2R, BLOCK D 24.437 ACRES 1,064,497 SQ. FT. 24' MUTUAL ACCESS EASEMENT (BY THIS PLAT) 236.79' N 3 7 ° 3 7 '1 7 "W3 9 8 . 4 9' ∆=37°06'53" R=320.00' L=207.29' CB=N19°03'51"W C=203.68'N0°30'24"W556.13'N89°29'36"E 629.41' ∆=27°17'51" R=470.00' L=223.92' CB=N75°50'40"E C=221.81' ∆=27°17'51" R=530.00' L=252.51' CB=N75°50'40"E C=250.13'N89°29'36"E 168.37'813.68'24' FIRELANE (VOL. 99217, PG. 1763) 24' FIRELANE (VOL. 99217, PG. 1763) UNDERGROUND ELECTRICAL & GAS EASEMENT (VOL. 2005039, PG. 242) UNDERGROUND ELECTRICAL & GAS EASEMENT (VOL. 99217, PG. 1763) 30' COMMON ACCESS EASEMENT (VOL. 2005039, PG. 242) ZONE "X" (SEE NOTE 1) ZONE "A" (SEE NOTE 1) 50' OPEN CHANNEL DRAINAGE EASEMENT (VOL. 85056, PG. 3358) 10' SANITARY SEWER EASEMENT (VOL. 85056, PG. 3358) 10' BUILDING LINE CITY OF COPPELL ORDINANCE NO. 91500 SECTION 26-3.B & C 5' BULDING LINE (VOL. 85140, PG. 1830)S0°30'24"E447.88'S89°29'36"W 41.87' S0°30'24"E 38.35' S89°29'36"W 712.32' ∆=52°53'07" R=320.00' L=295.37' CB=N64°03'51"W C=284.99'421.58'S0°30'24"E1235.26'L14LOT 1, BLOCK E 8.396 ACRES 365,720 SQ. FT. 5/8-INCH IRON ROD FOUND 5/8-INCH IRON ROD FOUND 1/2-INCH IRON ROD W/"HALFF ASSOC." CAP FOUND DRAINAGE EASEMENT (VOL. 97146, PG. 4010) DRAINAGE EASEMENT (VOL. 97146, PG. 4010)DRAINAGE EASEMENT (VOL. 97146, PG. 4010) DRAINAGE EASEMENT (VOL. 97146, PG. 4010) COLUMBIA TEXAS LAKESHORE INDUSTRIAL, LLC (INST. NO. 201300119705) C24 L18L19C25 L20C26 L21L17L16 C22L15C23 90.0'60.0'60.0'60.0' L5 L6 L7L8 L9 L10L11L12L13LAKESHOREDRIVE(AVARIABLEWIDTHRIGHT-OF-WAY)LOT 1, BLOCK C OPPELL BUSINESS CENTER III VOL. 2000135, 3692) D.R.D.C.T. LOT 2, BLOCK C OPPELL BUSINESS CENTER III VOL. 2000135, 3692) D.R.D.C.T. MAREK REALTY INTERESTS, LTD T. NO. 200600225051) 353.53' 20.00' 13.13' 353.53'L22L23WATER EASEMENT (BY THIS PLAT) 7.02' CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 DELTA 52°36'54" 90°00'00" 90°00'00" 29°31'54" 30°26'20" 65°03'55" 94°44'16" 30°34'47" 41°52'14" 12°50'19" 90°00'00" 30°25'27" 12°50'19" 90°00'00" 30°54'06" 12°50'19" 12°50'19" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" 90°00'00" RADIUS 30.00' 54.00' 30.00' 30.00' 54.00' 30.00' 30.00' 54.00' 30.00' 267.63' 20.00' 20.00' 332.37' 20.00' 20.00' 356.37' 243.63' 30.00' 30.00' 30.00' 30.00' 10.00' 10.00' 10.00' 5.00' 5.00' LENGTH 27.55' 84.82' 47.12' 15.46' 28.69' 34.07' 49.60' 28.82' 21.92' 59.97' 31.42' 10.62' 74.48' 31.42' 10.79' 79.85' 54.59' 47.12' 47.12' 47.12' 47.12' 15.71' 15.71' 15.71' 7.85' 7.85' CHORD BEARING S25°48'03"W S44°29'36"W S44°29'36"W S15°16'22"E S14°49'08"E S32°07'56"E N16°16'57"E N15°47'48"W N21°26'31"W N83°04'26"E S45°30'24"E S14°42'19"W N83°04'26"E N44°29'36"E N16°02'42"W S83°04'26"W S83°04'26"W N45°30'24"W N44°29'36"E S45°30'24"E S44°29'36"W N44°29'36"E N45°30'24"W S44°29'36"W S44°29'36"W S45°30'24"E CHORD 26.59' 76.37' 42.43' 15.29' 28.35' 32.27' 44.14' 28.48' 21.44' 59.84' 28.28' 10.50' 74.32' 28.28' 10.66' 79.69' 54.48' 42.43' 42.43' 42.43' 42.43' 14.14' 14.14' 14.14' 7.07' 7.07' LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 BEARING N00°30'24"W N89°29'36"E S00°30'24"E S89°29'36"W S89°29'36"W S44°29'36"W S89°29'36"W N45°30'24"W S89°29'36"W S89°29'36"W S89°29'57"W S89°29'53"W S89°27'45"W S00°30'24"E N00°30'24"W N89°29'36"E S00°30'24"E S00°30'24"E S89°29'36"W S00°30'24"E N89°29'36"E LENGTH 2.10' 57.84' 2.24' 53.84' 8.70' 8.60' 30.04' 8.60' 10.37' 57.07' 489.89' 44.00' 101.96' 110.85' 17.85' 72.05' 136.15' 52.00' 77.05' 48.00' 25.00' GRAPHIC SCALE IN FEET 0100 50 100 200 1" = 100' @ 24X36 Copyright © 2013 Kimley-Horn and Associates, Inc. All rights reserved REPLAT LOTS 1R2R, BLOCK D AND LOT 1, BLOCK E NORTHLAKE 635 BUSINESS PARK BEING A REPLAT OF LOTS 1R1 & 1R2, BLOCK D AND NORTHLAKE 635 BUSINESS PARK CORDELIA BORREN SURVEY, ABSTRACT NO. 56 CITY OF COPPELL, DALLAS COUNTY, TEXAS DWGNAME:K:\DAL_SURVEY\063319051-LINCOLNCOPPELL\DWG\063319051-LINCOLNCOPPELLPLAT.DWGPLOTTEDBYDOBBS,ANDY7/30/201310:24AMLASTSAVED7/29/201310:51AMJAD1" = 100' Dallas, Texas 75251 12750 Merit Drive, Suite 1000 Tel. No. (972) 770-1300 Fax No. (972) 239-3820 DAB JUNE 2013 063319051 1 OF 2 FIRM #101155-00 VICINITY MAP SITE THE PURPOSE OF THIS REPLAT IS TO PLAT A PORTION (8.4 ACRES) OF LOT 1R1, BLOCK D AS LOT 1, BLOCK E, AND TO PLAT THE REMAINDER (1.3 ACRES) INTO THE EXISTING LOT 1R2, BLOCK D (23.1 ACRES) TO FORM LOT 1R2R, BLOCK D (24.4 ACRES). Δ = DELTA ANGLE, CENTRAL ANGLE OR INCLUDED ANGLE P.O.B. = POINT OF BEGINNING C.M. = CONTROLLING MONUMENT VOL. = VOLUME PG. = PAGE INST. NO. = INSTRUMENT NUMBER BOUNDARY LINE EASEMENT LINE BUILDING LINE NOTES: 1. According to Map No. 48113C0165 J, Community Panel No. 480170 0165 J, dated August 23,2001 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Dallas County, Texas and Incorporated Areas, Federal Emergency Management Agency, Federal Insurance Administration, the subject property is shown to be located in Zone "X" and Zone "A" on said Map. Relevant zones are defined on said map as follows: Zone "X" - Other Areas: Areas determined to be outside 500-year floodplain. Zone "A" - Special Flood Hazard Areas Inundated by 100-year flood: No base flood elevations determined. 2. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. 3. Sidewalks will be constructed at the expense of the property owner when deemed necessary by the City Engineer. KIMLEY-HORN AND ASSOC., INC. 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 CONTACT: TREY BRASWELL, P.E. PHONE: 972-731-3810 FAX: 972-239-3820 COLUMBIA TEXAS LAKESHORE II INDUSTRIAL, LLC 120 N LASALLE ST, SUITE #1751 CHICAGO, ILLINOIS 60602 CONTACT: JARROD YATES PHONE:214-740-3300 FAX:214-740-3441 COLUMBIA TEXAS LAKESHORE INDUSTRIAL, LLC 120 N LASALLE ST, SUITE #1751 CHICAGO, ILLINOIS 60602 CONTACT: JARROD YATES PHONE:214-740-3300 FAX:214-740-3441 Copyright © 2013 Kimley-Horn and Associates, Inc. All rights reserved DWGNAME:K:\DAL_SURVEY\063319051-LINCOLNCOPPELL\DWG\063319051-LINCOLNCOPPELLPLAT.DWGPLOTTEDBYDOBBS,ANDY7/30/201310:24AMLASTSAVED7/29/201310:51AMSURVEYORS CERTIFICATE: STATE OF TEXAS § COUNTY OF DALLAS § NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That I, J. Andy Dobbs, Registered Professional Land Surveyor, do hereby certify that I prepared this plat from an actual and accurate survey of the land; that the corner monuments shown were properly placed under my personal supervision in accordance with the platting rules and regulations of the City of Coppell, Texas. J. Andy Dobbs Registered Professional Land Surveyor No. 6196 Kimley-Horn and Associates, Inc. 12750 Merit Drive, Suite 1000 Dallas, Texas 75251 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on this day personally appeared J. Andy Dobbs, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose therein expressed and under oath stated that the statements in the foregoing certificate are true. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____________ day of _________________, 2013. _______________________________________ Notary Public in and for the State of Texas _______________________________________ Print Name My commission expires: ___________________IPRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE OETATS S A XETF R E G I STERED NOTES: 1. According to Map No. 48113C0165 J, Community Panel No. 480170 0165 J, dated August 23,2001 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Dallas County, Texas and Incorporated Areas, Federal Emergency Management Agency, Federal Insurance Administration, the subject property is shown to be located in Zone "X" and Zone "A" on said Map. Relevant zones are defined on said map as follows: Zone "X" - Other Areas: Areas determined to be outside 500-year floodplain. Zone "A" - Special Flood Hazard Areas Inundated by 100-year flood: No base flood elevations determined. 2. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. 3. Sidewalks will be constructed at the expense of the property owner when deemed necessary by the City Engineer. OWNERS CERTIFICATE: STATE OF TEXAS § COUNTY OF DALLAS § WHEREAS, COLUMBIA TEXAS LAKESHORE INDUSTRIAL, LLC, COLUMBIA TEXAS LAKESHORE II INDUSTRIAL, LLC and RREEF INDUSTRIAL TEXAS II TRS, LP are the owners of a tract of land situated in the Cordelia Borren Survey, Abstract No. 56, City of Coppell, Dallas County, Texas and being part of Lot 1R1, Block D, Northlake 635 Business Park, an addition to the City of Coppell, Texas according to the plat recorded in Volume 2005039, Page 242 of the Official Public Records of Dallas County, Texas; and being all of Lot 1R2, Block D, Northlake 635 Business Park Addition, an addition to the City of Coppell, according to the plat recorded in Instrument No. 201200031777 of said Official Public Records; and being part of that tract of land described in Deed to Columbia Texas Lakeshore II Industrial, LLC recorded in Instrument No. 201300119708, of said Official Public Records; and being all of that tract of land described in Deed to Columbia Texas Lakeshore Industrial, LLC recorded in Instrument No. 201300119705 of said Official Public Records; and being all of that tract of land described in Special Warranty Deed to Rreef Industrial Texas II TRS, LP recorded in Instrument No. 201200318378 of said Official Public Records; and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found at the intersection of the west right-of-way line of Beltline Road (a variable width right-of-way) and the north right-of-way line of Lakeshore Drive (a variable width right-of-way, 90-feet wide at this point); THENCE with said north and east right-of-way line of Lakeshore Drive, the following courses and distances: South 89°29'36" West, a distance of 185.34 feet to a 1/2-inch iron rod found at the beginning of a tangent curve to the left having a central angle of 12°50'19", a radius of 300.00 feet, a chord bearing and distance of South 83°04'26" West, 67.08 feet; In a southwesterly direction, with said curve to the left, an arc distance of 67.22 feet to a 1/2-inch iron rod with “HALFF ASSOC.” cap found at the beginning of a reverse curve to the right having a central angle of 12°50'19", a radius of 300.00 feet, a chord bearing and distance of South 83°04'26" West, 67.08 feet; In a southwesterly direction, with said curve to the right, an arc distance of 67.22 feet to a 1/2-inch iron rod found at the end of said curve; South 89°29'36" West, a distance of 388.27 feet to a 1/2-inch iron rod with “HALFF ASSOC.” cap found at the beginning of a tangent curve to the right having a central angle of 52°53'07", a radius of 320.00 feet, a chord bearing and distance of North 64°03'51" West, 284.99 feet; In a northwesterly direction, with said curve to the right, an arc distance of 295.37 feet to a 5/8-inch iron rod found at the end of said curve; North 37°37'17" West, a distance of 398.49 feet to a 1/2-inch iron rod found at the beginning of a tangent curve to the right having a central angle of 37°06'53", a radius of 320.00 feet, a chord bearing and distance of North 19°03'51" West, 203.68 feet; In a northwesterly direction, with said curve to the right, an arc distance of 207.29 feet to a 1/2-inch iron rod with “KHA” cap set at the end of said curve; from said point a 1/2-inch iron rod found bears South 44°44' West, a distance of 0.6 feet; North 0°30'24" West, a distance of 556.13 feet to a 1/2-inch iron rod with “HALFF ASSOC.” cap found at the southeast corner of Lot 1, Block A, Northlake 635 Business Park Addition, an addition to the City of Coppell, according to the plat recorded in Volume 97013, Page 1462 of the Deed Records of Dallas County, Texas; THENCE departing said east right-of-way line of Lakeshore Drive and with the south line of said Lot 1, the following courses and distances: North 89°29'36" East, a distance of 629.41 feet to a 1/2-inch iron rod with cap found at the beginning of a tangent curve to the left having a central angle of 27°17'51", a radius of 470.00 feet, a chord bearing and distance of North 75°50'40" East, 221.81 feet; In a northeasterly direction, with said curve to the left, an arc distance of 223.92 feet to a 1/2-inch iron rod found at the beginning of a reverse curve to the right having a central angle of 27°17'51", a radius of 530.00 feet, a chord bearing and distance of North 75°50'40" East, 250.13 feet; In a northeasterly direction, with said curve to the right, an arc distance of 252.51 feet to a 1/2-inch iron rod with “KHA” cap set at the end of said curve; North 89°29'36" East, a distance of 168.37 feet to a 1/2-inch iron rod with “KHA” cap set for corner in said west right-of-way line of Beltline Road; THENCE with said west right-of-way line of Beltline Road, the following courses and distances: South 0°30'24" East, a distance of 1,235.26 feet to a 1/2-inch iron rod with “HALFF ASSOC.” cap found for corner; South 11°49'00" East, a distance of 56.09 feet to the POINT OF BEGINNING and containing 32.833 acres or 1,430,217 square feet of land. OWNER'S DEDICATION NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, COLUMBIA TEXAS LAKESHORE INDUSTRIAL, LLC, COLUMBIA TEXAS LAKESHORE II INDUSTRIAL, LLC and RREEF INDUSTRIAL TEXAS II TRS, LP do hereby adobt this plat designating the herein described property as LOTS 1R2R, BLOCK D AND LOT 1, BLOCK E, NORTHLAKE 635 BUSINESS PARK, an addition to the City of Coppell, Dallas County, Texas, and do hereby dedicate, in fee simple, to the public use forever any streets shown thereon. The easements shown thereon are hereby reserved for the purposes indicated. The utility and fire lane easements shall be open to the public, fire and police units, garbage and rubbish collection agencies, and all public and private utilities for each particular use. The maintenance of paving on the utility and fire lane easements is the responsibility of the property owner. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed, reconstructed or placed upon, over or across the easements as shown. Said easements being hereby reserved for the mutual use and accommodation of all public utilities using or desiring to use same. All, and any public utility shall have the right to remove and keep removed all or parts of any building, fences, trees, shrubs, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective system on the easements, and all public utilities shall at all times have the full right of ingress and egress to or from the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of its respective systems without the necessity at any time of procuring the permission of anyone. (Any public utility shall have the right of ingress and egress to private property for the purpose of reading meters and any maintenance or service required or ordinarily performed by that utility). Water main and wastewater easements shall also include additional area of working space for construction and maintenance of the systems. Additional easement area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water services and wastewater services from the main to the curb or pavement line, and description of such additional easements herein granted shall be determined by their location as installed. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Coppell, Texas. WITNESS, my hand at Dallas, Texas, this _____________ day of _________________, 2013. COLUMBIA TEXAS LAKESHORE INDUSTRIAL, LLC By:_________________________________________ Title:________________________________________ STATE OF _______________ § COUNTY OF _____________ § BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on this day personally appeared _____________________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose therein expressed and under oath stated that the statements in the foregoing certificate are true. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____________ day of _________________, 2013. _______________________________________ Notary Public in and for the State of Texas _______________________________________ Print Name My commission expires: ___________________ WITNESS, my hand at Dallas, Texas, this _____________ day of _________________, 2013. COLUMBIA TEXAS LAKESHORE II INDUSTRIAL, LLC By:_________________________________________ Title:________________________________________ STATE OF _______________ § COUNTY OF _____________ § BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on this day personally appeared _____________________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose therein expressed and under oath stated that the statements in the foregoing certificate are true. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____________ day of _________________, 2013. _______________________________________ Notary Public in and for the State of Texas _______________________________________ Print Name My commission expires: ___________________ STATE OF TEXAS § COUNTY OF DALLAS § RECOMMENDED FOR APPROVAL: ____________________________________________________ Chairman, Planning and Zoning Commission Date APPROVED AND ACCEPTED: ____________________________________________________ Mayor, City of Coppell, Texas Date The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the forgoing Plat of Lot 1R2R, Block D and Lot 1, Block E, Northlake 635 Business Park, an addition to the City of Coppell was submitted to the City Council on the ____ day of _______________, 2013, and the Council, by formal action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his name as herein above subscribed. WITNESS MY HAND, the ____ day of _______________, 2013 . ____________________________________________________ City Secretary, City of Coppell, Texas Date Floodplain Development Permit Application No. ____________________________ has been filed with the City of Coppell floodplain administrator on _________________________, 2013. ____________________________________________________ Floodplain Administrator Date ONCOR _______________________ ________________ Date of Approval ATMOS ENERGY _______________________ ________________ Date of Approval TIME WARNER _______________________ ________________ Date of Approval VERIZON _______________________ ________________ Date of Approval JADN/A Dallas, Texas 75251 12750 Merit Drive, Suite 1000 Tel. No. (972) 770-1300 Fax No. (972) 239-3820 DAB JUNE 2013 063319051 2 OF 2 FIRM #101155-00 REPLAT LOT 1R2R, BLOCK D AND LOT 1, BLOCK E NORTHLAKE 635 BUSINESS PARK BEING A REPLAT OF LOTS 1R1 & 1R2, BLOCK D NORTHLAKE 635 BUSINESS PARK CORDELIA BORREN SURVEY, ABSTRACT NO. 56 CITY OF COPPELL, DALLAS COUNTY, TEXAS THE PURPOSE OF THIS REPLAT IS TO PLAT A PORTION (8.4 ACRES) OF LOT 1R1, BLOCK D AS LOT 1, BLOCK E, AND TO PLAT THE REMAINDER (1.3 ACRES) INTO THE EXISTING LOT 1R2, BLOCK D (23.1 ACRES) TO FORM LOT 1R2R, BLOCK D (24.4 ACRES). KIMLEY-HORN AND ASSOC., INC. 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 CONTACT: TREY BRASWELL, P.E. PHONE: 972-731-3810 FAX: 972-239-3820 COLUMBIA TEXAS LAKESHORE II INDUSTRIAL, LLC 120 N LASALLE ST, SUITE #1751 CHICAGO, ILLINOIS 60602 CONTACT: JARROD YATES PHONE:214-740-3300 FAX:214-740-3441 COLUMBIA TEXAS LAKESHORE INDUSTRIAL, LLC 120 N LASALLE ST, SUITE #1751 CHICAGO, ILLINOIS 60602 CONTACT: JARROD YATES PHONE:214-740-3300 FAX:214-740-3441 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1101 File ID: Type: Status: 2013-1101 Agenda Item Passed 1Version: Reference: In Control: Planning 05/28/2013File Created: 08/13/2013Final Action: PD-199R8-HC, Vista Point II, Lot 6R, Blk AFile Name: Title: CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure, a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Notes: Agenda Date: 08/13/2013 Agenda Number: 11. Sponsors: Enactment Date: Cover Memo.pdf, Request to Postpone to Aug 13th .pdf, Staff Report.pdf, Traffic Mgmt Plan.pdf, Site Plan.pdf, Landscape Plan and Detail Sheet.pdf, Tree Survey.pdf, Elevations.pdf, Sign Package.PDF Attachments: Enactment Number: Hearing Date: Contact: 07/09/2013 Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pass07/09/2013City CouncilPostponed06/11/2013City Council Presentation: Gary Sieb, Director of Planning, made a presentation to Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. Mr. Sieb read a letter from the applicant requesting to continue the Agenda Item to the July 9th Council Meeting. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, to continue the Public Hearing to the July 9th Council Meeting. The motion passed by an unanimous vote. Action Text: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1101) Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 Pass08/13/2013City CouncilPostponed07/09/2013City Council Mayor Hunt reopened the Public Hearing. Presentation: Gary Sieb, Director of Planning, announced the applicant has requested to continue the Public Hearing to the August 13th meeting. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, to continue the Public Hearing and Agenda Item to the August 13th Council Meeting. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: 1 PassClose the Public Hearing and Approve 08/13/2013City Council Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council to consider Agenda Items 11 and 12 together. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve this Agenda Item subject to the following conditions: 1) There may be additional comments after detail engineering review; 2) Tree removal permit shall be required prior to the removal of any trees; 3) Prior to issuance of Building Permit, the owner/applicant shall place sufficient funds in escrow for one-fourth the cost of the proposed traffic signal to be located at MacArthur Blvd. and Lake Vista Drive. The issuance of a Certificate of Occupancy may be issued prior to the installation of the traffic signal; and 4) The Children’s Learning Adventure buses shall utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. The motion passsed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1101 Title CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-199R8-HC, Vista Point II, Lot 6R, Block A, - Children’s Learning Adventure, a zoning change request from PD-199-HC (Planned Development-199-Highway Commercial), to PD-199R8-HC (Planned Development-199-Revision 8-Highway Commercial), to attach a Detail Site Plan on 2.6 acres to allow the development of a Day Care Center to be located at 811 N. MacArthur Boulevard. Summary Page 2City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1101) The following P&Z conditions remain outstanding: 1.There may be additional comments after detail engineering review. 2.Tree removal permit shall be required prior to the removal of any trees. 3.Prior to issuance of Building Permit, the owner /applicant shall place sufficient funds in escrow for one -fourth the cost of the proposed traffic signal to be located at MacArthur Blvd. and Lake Vista Drive. The issuance of a Certificate of Occupancy may be issued prior to the installation of the traffic signal. 4.The Children’s Learning Adventure buses shall utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. Staff Recommendation: On July 18, 2013, the Planning Commission recommended approval of this ZONING CHANGE (6-1). On July 9, 2013, City Council unanimously continued the public hearing to August 13, 2013 (7-0). On June 11, 2013, City Council unanimously opened and continued the public hearing to July 9, 2013 (7-0). On May 16, 2013, the Planning Commission unanimously recommended approval of this ZONING CHANGE (4-0), subject to conditions. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Sense of Community Page 3City of Coppell, Texas Printed on 12/28/2017 To: From: Thru: Date: Reference: 2030: Introductio The applican This facility well as befo weekdays. Analysis: On May 16, to the vario meeting, the for this prop were addres parking be p been sent ba On July 18 Vista Point 1. T 2. T 3. P e B t 4. T V N Mayor an Marcie D Gary L. S August 1 PD-199R Detail Sit N. MacAr Business on: nt, Children y is propose ore and afte , 2013, the P ous condition e applicant p posed facility ssed. One o provided for ack to the Pl , 2013, the II, Lot 6R, B There may b Tree remova Prior to issu escrow for o Blvd and Lak to the installa The Children Vistas of Co North nd City Coun Diamond, As Sieb, Directo 13, 2013 8-HC, Vista e Plan on 2.6 rthur Bouleva s Prosperity n’s Learning ed to have a er school pro Planning & Z ns, includin provided add y. Council’s of the recom r this facility anning & Zo Planning & Block A, Chi be additional al permit sha uance of Bu one-fourth th ke Vista Dri ation of the t n’s Learning oppell neigh MEM ncil ssistant Direc or of Plannin Point II, Lot acres to allow ard y, Sense of C g Adventure, n enrollmen ograms. Th Zoning Com g addressing ditional infor s considerati mmendations y. Given the oning Comm & Zoning C ildren’s Lear comments u all be require uilding Perm he cost of th ive. The issu traffic signa g Adventure hborhood to 1 MORANDU ctor of Plann ng 6R, Block A w the develop Community e, desires to b nt capacity o he hours of o mmission rec g various tr rmation on t ion of this re s of the Tra e impact tha mission for ad ommission rning Adven upon detail e ed prior to th mit the owne he proposed uance of a C al. e buses shall access Den UM ning A - Children’ pment of a Da build a 25,73 of 470 stude operation ar commended raffic issues. the internal a equest was p affic Manag at this had on dditional con recommend nture subject engineering he removal o er/applicant d traffic sign ertificate of l utilize SH nton Creek E ’s Learning A ay Care Cent 37-square-fo ents and wil re from 6:00 approval of . Subseque and external postponed un ement Plan n the Site Pl nsideration. ded approval t to the follo review. of any trees. shall place nal to be lo f Occupancy 121 instead Elementary Adventure, to er to be locat oot day-care ll offer presc 0 a.m. to 6:3 f this request ent to the M l circulation ntil the traffi was that ad lan, this requ l of PD-199 owing condit sufficient f ocated at Ma may be issu d of cutting and Middle o attach a ed at 811 facility. chool as 30 p.m., t subject May 16th patterns fic issues dditional uest was 9R8-HC, tions: funds in acArthur ued prior thru the e School 2 Legal Review: This item did not require City Attorney review Fiscal Impact: None Recommendation: The Planning Department recommends approval of this PD request. Attachments: Postponement request by the Applicant Staff Report with Traffic Management Plan, Site Plan, Landscape Plan, Tree Survey, Elevations and Sign Plan 1 Marcie Diamond From:mpena@ceieng.com Sent:Wednesday, June 26, 2013 8:50 AM To:Marcie Diamond Cc:Carl Frontera; David Newton; pyeoh@ceieng.com Subject:CLA Coppell - Request to Table City Council meeting Hi Marice, To allow us to work through the traffic issues, we are requesting to table the July 9th City Council meeting to the August 13th City Council meeting. Thank you. -- Maria Alejandra Peña, LI 9654 Project Manager CEI Tri West Plaza 3030 LBJ Freeway, Suite 100 Dallas, TX 75234 Phone: 972-488-3737 Cell: 214-507-4703 "We will continually set the standard in consulting services for public and private development, and are committed to the growth and success of each other." CEIENG.COM Arkansas | California | Georgia | Louisiana | Minnesota | Pennsylvania | Texas This message could contain confidential information. Unless you are the addressee (or authorized to receive for the addressee), you may not copy, use, or distribute this information. If you have received this message in error, please advise Maria Alejandra Peña, LI 9654 immediately at 1-972-488-3737 or return it promptly by mail. ITEM # 4 Page 1 of 6 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure P&Z HEARING DATE: May 16, 2013 July 18, 2013 C.C. HEARING DATE: June 11, 2013 August 13, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: NWC MacArthur Boulevard & Forest Hill Drive SIZE OF AREA: 2.6 acres of property CURRENT ZONING: PD-199-HC (Planned Development-199-Highway Commercial) REQUEST: A zoning change to PD-199R8-HC (Planned Development-199-Revision 8- Highway Commercial), to allow the development of a Day Care Center. APPLICANT: Prospective Purchaser: Property Owner: David Newton Simon Beakley Children's Learning Adventure 121 Crossing LTD Childcare Centers (CLA) 6900 Dallas Parkway 3131 E Camelback Rd, Suite 420 Suite 780 Phoenix, AZ 85016 Plano, Texas 75024 602-707-6991 972-698-5399 dnewton@childrenslearningadventure.com HISTORY: The subject property lies within Denton County and was originally part of the city of Lewisville when the original plat for Vista Ridge Business Park was recorded in September of 1986. Since that time, the city of Coppell has annexed this and other portions of that Business Park. On December 16, 1999, the Planning and Zoning Commission recommended denial of a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and MacArthur Boulevard. This recommendation was not appealed to City Council. In September 2001, Council approved a Site Plan and Replat to allow for the construction of a one-story, 71,000-square-foot office building on seven acres. That building was never built and the site plan expired. On April 13, 2004, Council approved a Concept Planned Development to allow the construction of 210,000-square feet of office/warehouse/assembly buildings (total of 6 buildings) and five retail pad sites. In August 2004, Council approved the Detail ITEM # 4 Page 2 of 6 Plan for the first phase of this development, consisting of three buildings, totaling 93,550-square feet. The second three buildings were approved in April 2006. Also in 2004, with the original Concept Plan, an SUP for a gas station and car repair on Lot 4 of this PD was approved, which subsequently expired. A modified SUP for the same uses was again approved in May 2005. On April 12, 2005, Council approved an amendment to this PD to allow the development of the Bank of Texas on Lot 5, which abuts the subject property to the north. On November 14, 2006, Council approved a Site Plan to allow a 9,300-square- foot retail building replacing the previously approved gas station/convenience store at the corner of SH 121 and MacArthur Blvd. Firestone Auto Repair was completed in April of 2007 on the land adjacent to the retail building. On October 13, 2009, Council approved a PD Amendment and a replat which allowed that lot to be subdivided into two lots to allow the existing buildings (the retail and the Firestone) to be on individual lots to permit separate ownership. Zimmer purchased the retail building, and was denied a PD amendment to allow for attached signage which was not in accordance with the sign regulations. Since that time, the citywide Sign Ordinance has been revised, and Zimmer was allowed their desired sign. On May 16, 2013, the Planning & Zoning Commission recommended approval of this request subject to various conditions, including: • Planning and Engineering staffs to coordinate with the applicant and the City of Lewisville on traffic study requirements. • Implement a traffic management plan for the Children’s Learning Adventure buses to utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. Subsequent to the May 16th meeting, due to the concerns expressed by the Planning and Zoning Commission and citizen input, staff requested the applicant provide additional information on the internal and external circulation patterns for this proposed 470 student facility. Council’s consideration of this request was postponed until the traffic issues were addressed. One of the recommendations of the Traffic Management Plan was that additional parking be provided for this facility. Given the impact that this had on the Site Plan, this request has been sent back to the Planning and Zoning Commission for additional consideration. HISTORIC COMMENT: The request area does not have historic significance. TRANSPORTATION: MacArthur Boulevard is a P6D Major thoroughfare built to standard with a six- lane divided street contained within a 120-foot right-of-way. ITEM # 4 Page 3 of 6 SURROUNDING LAND USE AND ZONING: North- Bank of Texas; PD-199-R2-HC South- Levee and Trail System (approx.330 foot wide) and The Peninsulas; PD- 132-SF-9 East-Villas of Lake Vista; PD-202-TH-1 West-Office/warehouse/showroom; PD-199R3-HC COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area for Freeway Special District. DISCUSSION: This is the final parcel to be developed in this master planned development approved almost 10 years ago. The applicant, Children’s Learning Adventure desires to build a 25,737 square foot day care facility. They currently have 15 facilities, in five states, with 14 listed as coming soon on their website. In Texas, they have three existing facilities and seven planned. This facility has an enrollment capacity of 470 students, and will offer preschool as well as before and after school programs. The hours of operation are from 6:00 a.m. to 6:30 p.m., weekdays. The prototypical building and site development has been modified to address various PD conditions and local standards, such as extending the 30’ wide landscape buffer along MacArthur Boulevard, where 15’ wide buffer would normally be required, and extending the mutual access easements to allow the free flow of traffic from this facility to SH 121, MacArthur Blvd and Forest Hills, as well as the businesses in between. The elevations have been modified to use the same materials as on the other buildings within this development and to include additional stone and brick to meet the 80% masonry requirements. This facility will have 26,404 square feet of outdoor activity areas; in addition to three play grounds there will be a basketball court, tennis court and a courtyard (picnic) area. The shade structures proposed will have earth-tone canvas (generally sand-beige) coverings and green poles. Per the Zoning Ordinance these poles are required to meet the 80% masonry requirement. The cladding of these poles is condition of approval. The surfaces of these play areas will be concrete, rubber and synthetic turf, none of which will count towards their landscaping requirements. The landscaping will be provided as required in the PD and the Landscape Ordinance. Perimeter landscaping with overstory trees will be provided along MacArthur Boulevard and Forest Hill Drive. Landscape islands with overstory trees within the parking areas and non-vehicular landscaping are being provided by wider perimeter buffer areas, planting areas adjacent to the building and larger landscaped islands. Even with extra wide buffers, the existing trees on the site cannot be preserved. To receive credit towards the mitigation fees, all 29 overstory trees proposed have been upsized to be 4-inch caliper at the time of planting. The proposed signage for this building is unique, in that their corporate standard is to have the words PRESCHOOL and AFTERSCHOOL as their attached signage and the business name, Children’s Learning Adventure on their monument sign. This building has 197 feet of frontage on MacArthur Blvd, ITEM # 4 Page 4 of 6 allowing for a total 197 square feet of attached signage. The applicant is proposing an 81 square foot AFTERSCHOOL sign and a 66 square foot PRESCHOOL along the front façade. On the southern elevation, facing Forest Hills Drive, a 50 square foot PRESCHOOL sign is proposed. The signs will be black, internally illuminated reverse lit channel letters, which is compliance with the Sign Ordinance. Originally, there was a colorful, 200 +/- square foot Children’s Learning Adventure sign proposed to be placed behind the front window in the rotunda area along the front façade. Per the Sign Ordinance, given its visibility from the street, it would be considered a sign and count towards the overall signage for the project. Therefore, it was eliminated from the proposal. The 60-square-foot monument sign contains the corporate logo and colors and will have halo-lit reverse channel letters in accordance with the recently amended Sign Ordinance. As mentioned in the History Section of this report, subsequent to Planning and Zoning Commission’s recommendation on this proposed rezoning for a day care facility, Commission requested staff conduct additional study on internal and external traffic circulation patterns due to the potential impact on the abutting street system. The applicant submitted three studies; Traffic Signal Warrant Analysis, Traffic Impact Analysis, and a Traffic Management Plan which were prepared by Lee Engineering and reviewed by the Engineering Department. One of the specific recommendations of the Planning and Zoning Commission was “Planning and Engineering staffs to coordinate with the applicant and the City of Lewisville on traffic study requirements” Per that recommendation the Traffic Signal Warrant Analysis determined a signal would be warranted at the northern driveway serving this site across from Lake Vista Drive. The results of this study indicate that the signal light is warranted. The owner/applicant will be responsible for one leg of this signal and the Cities of Coppell and Lewisville will be responsible for the other three legs. Further discussion on funding and timing are expected to occur between the two cities. The applicant/owner will be required to escrow the funds for ¼ of this signal prior to the issuance of the building permit for this facility. However, the day care will be permitted to open prior to the installation of the signal. Per the recommendations of the Traffic Impact Analysis, and the Traffic Management Plan, the following site plan revisions have been made to accommodate the internal circulation and parking: • Increased the parking spaces from 47 to 69 spaces which essentially doubles the parking spaces in front of the building which are most accessible for parents dropping off and picking up their children. • Added an internal circulation plan which requires a counter clockwise pattern to assure that all queuing is on-site, and will not back up onto the abutting streets. • Increased the building setback to 73 feet from MacArthur Boulevard to allow for the additional parking as well as the retention of the 30-foot wide landscape buffer in the front yard. ITEM # 4 Page 5 of 6 • Reduced the outdoor play area by 2,500 square feet to assure that this site will be complaint with all other landscape requirements of the Zoning Ordinance. • Relocated the dumpsters from the northern property line (internal to the site) to the southern property line, which is adjacent to Forest Hill Drive. A 6-foot tall masonry enclosure with Leyland Cypress Trees are proposed to screen the two dumpsters. This enclosure is proposed to be located 15 feet from the southern property line, which encroaches 45 feet into the required 60 foot front yard setback along Forest Hill Drive. Staff originally recommended that this double dumpster be relocated back to the north property line or other suitable location that is not within the required setback and not readily visible from the street rights-of-way. o Upon further analysis, it appears that there is not sufficient room to accommodate both dumpsters along the northern property line. If no other suitable location is found, consideration should be given to a single dumpster along the northern property line instead of a double dumpster along Forest Hills Drive which encroaches into the required setback by 45 feet. Finally, the Traffic Impact Analysis also addressed the potential cut-through traffic issue. As part of the study they conducted an origin and destination study to use as a base line study for future analyses if required. As recommended by the Planning and Zoning Commission, the applicant has committed that Children’s Learning Adventure buses will utilize the SH 121 service road to access Denton Creek Elementary School and Coppell Middle School North, verses cutting though the residential streets of the Vistas of Coppell neighborhood. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure subject to: 1. There may be additional comments after detail engineering review. 2. The cladding a minimum of 80% of the height of the shade structure poles with a masonry material to match the building. 3. Tree removal permit shall be required prior to the removal of any trees. 4. Assure that the Fire Riser Room is accessible (not be behind a locked gate) On May 16, 2013, the Planning & Zoning Commission recommended approval of PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure subject to the following conditions: 1. There may be additional comments upon detail engineering review. 2. The cladding a minimum 80% of the height of the shade structure poles with a masonry material to match the building. 3. Tree removal permit shall be required prior to the removal of any trees. 4. Assure that the Fire Riser Room is accessible (not be behind a locked gate). 5. Planning and Engineering staffs to coordinate with the applicant and the City of Lewisville on traffic study requirements. 6. Implement a traffic management plan for the Children’s Learning Adventure buses to utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. ITEM # 4 Page 6 of 6 Staff’s Revised Recommendation: Approval of PD-199R8-HC, Vista Point II, Lot 6R, Block A Children’s Learning Adventure subject to the following conditions: 1. There may be additional comments upon detail engineering review. 2. The cladding a minimum 80% of the height of the shade structure poles with a masonry material to match the building. 3. Tree removal permit shall be required prior to the removal of any trees. 4. Prior to issuance of Building Permit the owner/applicant shall place sufficient funds in escrow for one-fourth the cost of the proposed traffic signal to be located at MacArthur Blvd and Lake Vista Drive. The issuance of a Certificate of Occupancy may be issued prior to the installation of the traffic signal. 5. The Children’s Learning Adventure buses shall utilize SH 121 instead of cutting thru the Vistas of Coppell neighborhood to access Denton Creek Elementary and Middle School North. 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. Traffic Management Plan 2. Sign Package 3. Revised Site Plan 4. Revised Landscape Plan 5. Tree Survey 6. Elevations Engineering Associates, Inc.LEGEND FLOOD PLAIN NOTES :Figure 2: Proposed Site Plan Children’s Learning Adventure Center – Traffic Management Plan July 2103 3 TRIP GENERATION ITE Trip Generation The number of trips generated by the development is a function of the type and quantity of the land use of the development. Typically, the number of vehicle trips generated by a proposed development can be estimated based on the trip generation rates and equations provided in the publication entitled Trip Generation Manual, Ninth Edition, by the Institute of Transportation Engineers (ITE). For this study, estimates of the number of trips generated by the site were made for the AM and PM peak hours, as well as on a daily basis using the ITE trip generation values. Table 1 shows the trip generation equations used for this development and the directional splits for the proposed land use as shown in the ITE Manual. Using the trip generation equations from Table 1, the resulting estimated trips generated by the proposed CLAC are provided in Table 2. Table 1: Trip Generation Equations for CLAC Campus LAND USE Land Use Day Care Center ITE Land Use Code 565 EQUATIONS (X = # of Students) Average Weekday T = 4.79 (X) – 33.46 AM Peak Hour T = 0.73 (X) + 4.67 PM Peak Hour Ln (T) = 0.88* Ln (X) + 0.27 DIRECTIONAL SPLIT (% in / % out) Average Weekday 50 / 50 AM Peak Hour 53 / 47 PM Peak Hour 47 / 53 Table 2: Estimated Trip Generation CLAC Campus Day Care Center (470 students) Total In Out Average Weekday 2,218 1,109 1,109 AM Peak Hour 348 184 164 PM Peak Hour 294 138 156 It should be noted that the number of students and gross floor area exceed the data extremes provided in the Trip Generation Manual. The maximum number of students in ITE is 200 students versus the projected enrollment of 470 students at the Children’s Learning Adventure Center facility. In addition, the maximum gross floor area in ITE manual is 17,000 ft2 versus the proposed 25,737 ft2 for the proposed facility. In seven of the eight proposed scenarios in the ITE Manual, the maximum number of employees is 30 versus the 35 proposed employees for Children’s Learning Adventure Center. In one scenario, the maximum number of employees is 45, but this values falls on the data extremes and any values collected at each extreme should be reviewed. Within the Trip Generation Manual, ITE provides a “Recommended Procedure for Selecting Between Trip Generation Average Rates and Equations”. This flow chart recommends Children’s Learning Adventure Center – Traffic Management Plan July 2103 4 collecting local data to determine trip rates because the data does not fall within existing data extremes. However, Children’s Learning Adventure Center has no local facilities within the Dallas/Ft. Worth Metroplex from which to collect data. The R2 values for this study range from 0.58 to 0.75. In addition, data collected from sites in Las Vegas, Nevada and Phoenix, Arizona show trips rates considerably less than ITE standards. By utilizing ITE trip generation rates, this study presents a conservative analysis. QUEUING ANALYSIS Parents arrive between 6:00 AM to 9:00 AM and pick‐up their child(ren) between 3:00 PM and 6:30 PM. The facility is designed such that parents will park their cars and enter the facility with their child(children) and deliver them to the appropriate employee. Because parents will park their cars and walk their children into the building, no “queue” is expected at this facility. To limit the conflict at the MacArthur Boulevard and Lake Vista Drive intersection, parents will be directed to circulate counter‐clockwise around the building and to not enter the drive aisle immediately adjacent to MacArthur Boulevard as shown in Figure 6. “DO NOT ENTER” signs will be installed at the location marked “1” in Figure 6. Figure 3: Circulation Pattern Children’s Learning Adventure Center – Traffic Management Plan July 2103 5 PARKING ANALYSIS To evaluate the predicted parking demand for the proposed Children’s Learning Adventure Center, local data was collected at two existing Children’s Learning Adventure Centers in Texas. One facility is located in The Woodlands and the second facility is located in League City. Table 7 summarizes the parking data. The raw data is provided as an attachment to this letter. Table 3: Parking Data Summary Location The Woodlands, TX League City, TX Average Licensed Enrollment 553 339 446 Current Enrollment 253 232 243 Building Size (ft2) 25,737 16,462 21,100 Parking Spaces Provided 63 64 64 Max Occupied Spaces 41 26 31 Parking Rate per Student 0.16 0.11 0.14 Parking Rate per 1,000 ft2 1.59 1.58 1.59 The Children’s Learning Adventure Center in Coppell, Texas will be 25,737 ft2 and will be licensed for 470 students. Using an average parking rate of 0.14 spaces per student, the Coppell facility will utilize 66 spaces during the peak 15 minutes. Based on an average parking rate of 1.59 spaces per 1,000 square feet, the facility will require 41 parking spaces. The City of Coppell parking requirement is 1 space per 10 students or 47 spaces. The proposed facility provides 69 parking spaces which exceeds the predicted demand. CONCLUSION The proposed Children’s Learning Adventure Center will be located in the southwest corner of the intersection of MacArthur Boulevard and Lake Vista Drive in Coppell, Texas. Using ITE trip generation rates, the development is expected to generate approximately 348 trips during the AM peak hour and 294 trips during the PM peak hour. To limit the potential conflict at the MacArthur Boulevard and Lake Vista Drive intersection, parents will be directed to circulate counter‐clockwise around the building. “DO NOT ENTER” signs will be installed on the north and of the drive aisle east of the building to deter drivers. Based on the parking rates at existing Children’s Learning Adventure Center facilities, the proposed site requires 66 parking spaces during the peak 15‐minute period. The proposed site layout provides 69 parking spaces which exceeds the predicted demand. Parking Inventory Woodlands League City Opened:4/22/2013 2/25/2013 Date Collected:6/25/13 ‐ 6/26/13 6/26/13 ‐ 6/27/13 Current Enrollment:253 232 Parking Spaces provided:63 64 Licensed Enrollment:553 339 Building size 25737 16462 6:00‐6:15 7 4 6:15 7 4 6:30 10 6 6:45 9 7 7:00 13 10 7:15 15 12 7:30 15 15 7:45 20 17 8:00 24 18 8:15 27 18 8:30 28 23 8:45 27 22 9:00 35 23 9:15 41 9:30 32 4:00 28 26 4:15 29 23 4:30 26 23 4:45 23 24 5:00 28 25 5:15 29 22 5:30 29 18 5:45 22 17 6:00 24 16 6:15 13 17 6:30 11 10 Rate per enrolled student:0.16 0.11 Rate per 1,000 ft2 1.59 1.58 Parking Data H:\T1575.02 ‐ Childrens Learning Center TIA\Traffic Mgmt Plan\Goodyear ‐ Goodyear LEGENDEXISTINGED−X−WVBWPTHGVSCHYDFA/CSTSOHU640’WGASCETINITIAL DATE PRN PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.JOB # 27644 DRAWING: 27644land.dwg LAST SAVED BY: MAO LOCATION: P:\27000\27644.0\Drawings\Concept\REV−2\27644land.dwgcity of coppell, texas landscape data tableNON−VEHICULAR LANDSCAPING:15% OF LOT NOT COVERED INBUILDING TO BE LANDSCAPE OPENSPACE.ONE TREE PER 2,500 SQ. FT. OFNON−VEHICULAR OPEN SPACEAREA.INTERIOR LANDSCAPING: 10% OFPARKING PAVEMENT TO BELANDSCAPED. ONE TREE PER 400SQ. FT.PARKING PAVEMENT=32,948.70SQ.FT.PARKING SPACES PROVIDED = 69PERIMETER LANDSCAPINGTREES (MACARTHUR BLVD −433 L.F.)TREES (FOREST HILL DRIVE− 287 L.F.)15−FOOT LANDSCAPE BUFFER9 TREES6 TREES15−FOOT LANDSCAPE BUFFER9 TREES6 TREES10%= 3,294.87 SQ. FT.12% OF PARKING SPACES= 8 ISLANDS9 TREESTOTAL LOT AREA = 114,501 SQ. FT.BUILDING 25,737 SQ. FT.LOT AREA = 88,764 SQ. FT.15% = 13,315 SQ. FT.50% OF THE 15% = 6,658 SQ. FT.6 TREESPERCENTAGE OF TOTAL SITE AREADEVOTED TO LANDSCAPING:3,295.96 SQ. FT.9 TREESTOTAL OPEN SPACE AREA =13,529.48 SQ. FT. (15.24%)OPEN SPACE IN FRONT YARD=8,028.65 SQ. FT.6 TREES21%GENERAL LANDSCAPE NOTESA. BEFORE COMMENCING WORK CONTACT APPROPRIATE UTILITY COMPANIES FOR UTILITY LOCATIONS, ANDCOORDINATE WITH GENERAL CONTRACTOR IN REGARDS TO LOCATION OF PROPOSED UTILITIES, SLEEVES,CONDUITS, ETC.B. ALL PROPOSED LANDSCAPING IS TO BE INSTALLED PER LOCAL JURISDICTIONS AND CODES. NOTIFY THELANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION.C. CONTRACTOR TO INSPECT SITE AND VERIFY CONDITIONS AND DIMENSIONING PRIOR TO PROCEEDING WITHWORK DESCRIBED HERE IN. NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO BEGINNINGANY CONSTRUCTION.D. CONTRACTOR IS RESPONSIBLE FOR WORK IN ACCORDANCE WITH PLANS, DETAILS, SPECIFICATIONS ANDAPPLICABLE CODES AND REQUIREMENTS.E. QUANTITIES PROVIDED IN THE PLANT LIST ARE FOR GENERAL USE ONLY. CONTRACTOR IS RESPONSIBLEFOR VERIFICATION OF ALL PLANT AND LANDSCAPE MATERIAL QUANTITIES.F. IMMEDIATELY AFTER AWARD OF CONTRACT, NOTIFY THE OWNER’S REPRESENTATIVE AND/OR THELANDSCAPE ARCHITECT OF UNAVAILABILITY OF SPECIFIED PLANT MATERIAL FROM COMMERCIAL NURSERIES.THE OWNER’S REPRESENTATIVE AND/OR LANDSCAPE ARCHITECT WILL PROVIDE ALTERNATE PLANTMATERIAL SELECTIONS IF UNAVAILABILITY OCCURS. SUCH CHANGES SHALL NOT ALTER THE ORIGINAL BIDPRICE UNLESS A CREDIT IS DUE TO THE OWNER.G. ALL PLANT MATERIALS TO CONFORM TO THE AMERICAN STANDARD FOR NURSERY STOCK ANSI Z60.1.H. THE OWNER’S REPRESENTATIVE AND/OR LANDSCAPE ARCHITECT RESERVE THE RIGHT TO REFUSE ANYMATERIAL HE/OR SHE DEEM UNACCEPTABLE.I. COORDINATE WITH PROJECT REPRESENTATIVE FOR DISTURBED SITE TREATMENTS OUTSIDE LANDSCAPEIMPROVEMENTS. SEE CIVIL PLANS FOR SOIL STABILIZATION FOR EROSION CONTROL.J. ALL PROPOSED LANDSCAPING IS TO BE INSTALLED PER LOCAL JURISDICTIONS AND CODES. NOTIFY THELANDSCAPE ARCHITECT OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION.K. CONTRACTOR TO INSPECT SITE AND VERIFY CONDITIONS AND DIMENSIONING PRIOR TO PROCEEDING WITHWORK DESCRIBED HERE IN. NOTIFY LANDSCAPE ARCHITECT OF AN DISCREPANCIES PRIOR TO BEGINNINGANY CONSTRUCTION.L. CONTRACTOR TO ENSURE THAT IRRIGATION SYSTEM IS INSTALLED PRIOR TO INSTALLING TREES/PALMS.CONTRACTOR SHALL ENSURE THAT THERE IS POSITIVE DRAINAGE AND NO PONDING OF WATER AT ROOTAREA.M. CONTRACTOR IS RESPONSIBLE FOR PROVIDING POSITIVE DRAINAGE AWAY FROM BUILDINGS DURING FINISHGRADE PROCESS.N. LANDSCAPE CONTRACTOR SHALL INSTALL UNDERGROUND, AUTOMATED IRRIGATION SYSTEM WHICH PROVIDESCOMPLETE COVERAGE OF THE SITE BEFORE THE INSTALLATION OF ANY LANDSCAPE MATERIAL (SEEIRRIGATION PLAN SHEET).O. CONTRACTOR SHALL REVIEW THE GEOTECHNICAL REPORT FOR ADEQUATE DRAINAGE AND SOILPREPARATION.A. LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR PREPARING ALL PLANTED AREAS. ALL DELETERIOUSMATERIALS SUCH AS ROCK, TRASH, CONSTRUCTION DEBRIS, AGGREGATE BASE MATERIAL, ASPHALT, ETC.SHALL BE REMOVED PRIOR TO ANY FILL OPERATIONS. FILL ALL PLANTING AREAS WITH CLEAN EARTHENFILL. SOIL SHALL BE FREE OF HEAVY, STIFF CLAY AND ANY DELETERIOUS MATERIAL OVER ONE INCH INSIZE. THE TOP SIX INCHES OF FILL MATERIAL STRIPPED FROM SITE MAY BE UTILIZED FOR PLANTER ORTOPSOIL FILL IF PRIOR APPROVAL HAS BEEN OBTAINED FROM THE OWNER’S REPRESENTATIVE AND/ORLANDSCAPE ARCHITECT.B. FINISH GRADE OF LANDSCAPE AREAS (TOP OF TURF AND MULCH) MUST BE GRADED TO 1 1/2" BELOWADJACENT PAVEMENT SURFACES.C. LOCATE SHRUBS A DISTANCE OF HALF OF THEIR AVERAGE MATURE SPREAD AWAY FROM WALKS,STRUCTURES, CONCRETE PADS, ETC. LOCATE GROUND COVER PLANTINGS A MINIMUM OF 2’ FROM WALKS,STRUCTURES, CONCRETE PADS, ETC.D. ALL LAWN AREAS NOT OTHERWISE BORDERED BY WALKS, OR OTHER STRUCTURES, SHALL HAVE STEELEDGING.E. TREES PLANTED ADJACENT TO PUBLIC ROADS AND PEDESTRIAN SIDEWALKS SHALL BE PRUNED TO 7’ HEIGHT(MINIMUM) CLEARANCE ABOVE PAVEMENT.F. ALL TREES WITHIN 7’ OF PAVED SURFACES (SUCH AS CURBS, WALLS, BUILDINGS AND SIDEWALKS) SHALL BEPROVIDED WITH A DEEP ROOT BARRIER CONTROL DEVICE OR EQUAL. INSTALL PER MFR’S SPECIFICATIONS.G. SHREDDED HARDWOOD MULCH SHALL BE USED AS A 4" TOP DRESSING IN ALL PLANT BEDS AND AROUND ALLTREES (EXCEPT IN PLAYGROUND AREA). SINGLE TREES OR SHRUBS SHALL BE MULCHED TO THE OUTSIDEEDGE OF THE SAUCER OR LANDSCAPE ISLAND (SEE PLANTING DETAILS).H. TOPSOIL DEPTH SHALL BE AS FOLLOWS:PLANTER BEDS − 12" MINIMUMGRASS/SOD AREAS − 4" MINIMUM (AFTER COMPACTION)I. BACKFILL ALL TREES, SHRUBS, GROUNDCOVER WITH A MIXTURE OF 2 PARTS NATIVE SOIL AND 1 PART SOILCONDITIONING WITH WOOD MULCH.J. THE LANDSCAPE CONTRACTOR SHALL WATER TEST ALL PLANTING HOLE PRIOR TO PLANTING. IF HOLES DONOT DRAIN PROPERLY, EXCAVATE FURTHER UNTIL IMPERMEABLE LAYER IS BREACHED. EXCAVATED PLANTPITS SHALL HAVE POSITIVE DRAINAGE. PLANT PITS (WHEN FULLY FLOODED WITH WATER) SHALL DRAINWITHIN 1 HOUR OF FILLING. ENSURE THAT ALL PLANT PITS HAVE POSITIVE DRAINAGE.K. ALL PLANTING BEDS SHALL BE TREATED WITH A PRE−EMERGENT HERBICIDE. PRE−EMERGENT HERBICIDESHALL BE APPLIED PER MANUFACTURE’S RECOMMENDATIONS AND SHALL OCCUR AFTER TOPSOIL PLACEMENTAND PRIOR TO INSTALLATION OF PLANT MATERIALS AND MULCH.L. FERTILIZE ALL PLANTS AT THE TIME OF PLANTING WITH A TIME RELEASE FERTILIZER PER BRAND’SSPECIFIED APPLICATION RATES.F. NO MULCH INSIDE OF PLAYGROUND AREA.PLANTING NOTESMAINTENANCE NOTESA. THE OWNER/TENENT AND THEIR AGENT, IF ANY SHALL BE JOINTLY RESPONSIBLE FOR THE MAINTENANCEOF ALL LANDSCAPE.B. ALL LANDSCAPE SHALL BE MAINTAINED IN A NEAT AND ORDERLY MANNER AT ALL TIMES. THIS SHALLINCLUDE MOWING, EDGING, PRUNING, FERTILIZING WATERING, WEEDING AND OTHER SUCH ACTIVITIESCOMMON TO LANDSCAPE MAINTENANCE.C. ALL LANDSCAPE AREAS SHALL BE KEPT FREE OF TRASH, LITTER, WEEDS AND OTHER SUCH MATERIALS ORPLANTS NOT PART OF THE PLAN.D. ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY AND GROWING CONDITION AS IS APPROPRIATEFOR THE SEASON OF THE YEAR.E. ALL PLANT MATERIAL WHICH DIES SHALL BE REPLACED WITH PLANT MATERIAL OF EQUAL OR BETTERVALUE.F. CONTRACTOR SHALL PROVIDE SEPARATE BID PROPOSAL FOR ONE YEAR’S MAINTENANCE TO BEGIN AFTERFINAL ACCEPTANCE.COPPELL NOTESA. IRRIGATION CONTROLLER SHALL INCLUDE A SURGE PROTECTION DEVICE, FREEZE DETECTOR AND RAINSENSOR.B. LANDSCAPE PLANS SHALL BE SIGNED AND SEALED BY A LICENSED LANDSCAPE ARCHITECT.C. IRRIGATION PLANS SHALL BE SIGNED AND SEALED BY A LICENSED IRRIGATION DESIGNER.D. IRRIGATION METER WILL REQUIRE ASSESSMENT BY THE CITY OF COPPELL WATER UTILITIES.E. ALL LANDSCAPE AREAS TO BE 100% IRRIGATED WITH AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM.LOT 6RBLOCK AVISTA POINT II0 20’ 30’ 40’SCALE IN FEETCLA COPPELL, LLC3131 E. CAMELBACK ROAD, SUITE 420PHOENIX, AZ 85016(602) 707−6991 (PHONE)CONTACT: DAVID NEWTONCEI ENGINEERING ASSOCIATES, INC.3030 LBJ FREEWAY SUITE 100(972) 488−3737 (PHONE)(972) 488−6732 (FAX)CONTACT: MARIA PENASURVEYOR:PROPERTY OWNER:PEISER & MANKIN SURVEYING, LLC623 E. DALLAS ROADGRAPEVINE, TEXAS 76051(817)−481−1806 (PHONE)CONTACT: TIMOTHY MAKIN, RPLS114,501 SQ.FT. (2.629 ACRES)PROPOSED USE:DAY CARE CENTEREXISTING ZONING:PD−199 HIGHWAY COMMERCIALSQUARE FOOTAGE OF EACH PROPOSED USE:25,737 SQ. FT.BUILDING AREA (GROSS SQUARE FOOTAGE):35 FT47 SPACESBUILDING HEIGHT:FLOOR AREA RATIO:PROPOSED LOT COVERAGE:22.48%0.225:1PLAYGROUND AREA:23,896.94 SQ. FT.ENGINEER &LANDSCAPE ARCHITECT:69 SPACESPROVIDED PARKING PER EACH USE:PROPOSED ZONING:PD−199R8−HC470NUMBER OF PUPILSREQUIRED PARKING PER EACH USE:(ONE SPACE PER 10 PUPLIS)HOURS OF OPERATION6:00AM. TO 6:30PM. FROM MONDAY TO FRIDAYAPPLICANT / DEVELOPER:121 CROSSING LTD6900 DALLAS PKWY STE 780PLANO, TX 75024SAETS T A81OF91ETXRICHARD W. RO G E RS 7/5/2013 INITIAL DATE PRN PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.JOB # 27644 DRAWING: 27644land.dwg LAST SAVED BY: MAO LOCATION: P:\27000\27644.0\Drawings\Concept\REV−2\27644land.dwgTREES/PALMSCOMMON NAMEBotanical NameROOTSIZE/HT. ATPLANTINGSPACINGNOTESSHRUBSQTY.COMMON NAMEBotanical NameROOT SIZE SPACINGNOTES203BIG BLUE LIRIOPECONT. 1 GAL.LANDSCAPE SCHEDULE − CLA9DWARF YAUPON HOLLYCONT.5 GAL.Liriope muscari ’Big Blue’ilex cornuta ’nana’B&BHYBRID BERMUDA GRASS SOD ’CELEBRATION’Cynodon dactylonQTY.TURFQTY.COMMON NAMEBotanical NameNOTES20,250SFMISC.QTY.PRODUCT DESCRIPTIONNOTESINDIAN HAWTHORN ’CLARA’Raphiolepis indica ’Clara’ADAGIO MAIDEN GRASSMiscanthus sinensis ’Adagio’DWARF BURFORD HOLLYIlex cornuta ’Burfordii nana’6Quercus shumardi15Ulmus parvifolia sempervirensSHUMARD RED OAKLACEBARK ELMB&B4" CALIPER7’ HT.SEE PLANSEE PLAN5 GAL.5 GAL.5 GAL.CONT.CONT.CONT.24" O.C.30" O.C.48" O.C.48" O.C.36" O.C.8923185ANNUALS12SF4" POT AT 6"−8" O.C.9Pistachia ChinensisCHINESE PISTACHEB&BSEE PLAN4" MULCHBACKFILL MIX1’−2’GROUND COVERPLANTINGN.T.S.SEE PLANT LIST FOR SPACING12"SHRUB PLANTINGN.T.S.( SEE LANDSCAPE NOTES UNDISTURBED SUBSOILBACKFILL MIX3 INCHES MULCHFOR TYPE OF MULCH )REMOVE BURLAP & ROPEFROM TOP 1/3 OF BALLIF SHRUB IS B & B, THEN6"2’(MIN.)TREE PLANTINGN.T.S.12"6"PLANTREE WRAPBACKFILL MIXPAINTED FLUORESCENT ORANGECOVERED W/2−PLY RUBBER HOSEWHITE FLAGGING (TYP.)DOUBLE STRAND 12 GAUGE WIRE8" 2−PLY RUBBER HOSE8’ STEEL TEE POST− 3 REQUIRED AT 120°4 INCHES MULCHFROM TOP 1/3 OF THE BALLREMOVE BURLAP & ROPEUNDISTURBED SUBSOIL4 INCH DEEP SAUCERNOTE: SEE LANDSCAPE NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.SODDED AREANATURAL STEEL EDGING.NO PAINTED EDGING SHALLBE USED.BELOWGRADESTEEL STAKE DRIVENFROM MULCH SIDE OFEDGING WITH TOP OFSTAKE BELOW TOP OFHEADER.ABOVEGRADEMULCH TOPFINISHED GRADENATURAL STEEL EDGING.NO PAINTED EDGING SHALLBE USED.BELOWGRADEABOVEGRADEDRESSINGPOLYPROPYLENE MATERIALWEED BARRIER.COMPACTED SANDSUB−BASE.FINISHED GRADEPOLYPROPYLENE MATERIALWEED BARRIER.STEPPING STONE BED1/32/31/32/3STEEL STAKE DRIVENFROM MULCH SIDE OFEDGING WITH TOP OFSTAKE BELOW TOP OFHEADER.MULCH TOPDRESSINGSTEEL EDGINGN.T.S.SODDED AREA W/MULCHN.T.S.ROCK BED AREA W/MULCHN.T.S.6" MINIMUM OF 1"−3" MINIMUM 12" BACKFILL MIXTOP OF POTDECOMPOSED GRANITE ROCKCOMPACT SOIL AROUND PLANTER POT TO SAME DENSITY AS UNDISTURBEDADJACENT SOIL.2’4’1 1/2"1/2" THRU HOLE (4).FILL HOLE WITH CAULKPLANTER POT DETAILN.T.S.NOTES:1. REFER TO COURTYARD PLAN FOR LOCATIONS.2. QUICKCRETE CASCADE QR−CE4824P SAND COLOR WITH LIGHT BLASTOR APPROVED EQUAL.TOP OF POTBOTTOM OF POTFILL HOLE WITH CAULK1/2" THRU HOLE4−CREEPING ROSEMARY4−BLUE PRINCESS VERBENA1−PURPLE FOUNTAIN GRASSVerbena x hybrida ’Blue Princess’Pennisetum ’rubrum’Rosmarinus officinalis ’Protratus’4" CALIPER7’ HT.4" CALIPER7’ HT.CLA COPPELL, LLC3131 E. CAMELBACK ROAD, SUITE 420PHOENIX, AZ 85016(602) 707−6991 (PHONE)CONTACT: DAVID NEWTONENGINEER CEI ENGINEERING ASSOCIATES, INC.3030 LBJ FREEWAY SUITE 100(972) 488−3737 (PHONE)(972) 488−6732 (FAX)CONTACT: MARIA PENASURVEYORPROPERTY OWNER/DEVELOPER / APPLICANTPEISER & MANKIN SURVEYING, LLC623 E. DALLAS ROADGRAPEVINE, TEXAS 76051(817)−481−1806 (PHONE)CONTACT: TIMOTHY MAKIN, RPLS&LANDSCAPE ARCHITECT12"FROM TOP 1/3 OF THE BALLTREE PLANTING ON SLOPEN.T.S.NOTE: SEE LANDSCAPE NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.2’(MIN.)6"REMOVE BURLAP & ROPEUNDISTURBED SUBSOILBACKFILL MIX8’ STEEL TEE POST− 3 REQUIRED AT 120°DOUBLE STRAND 12 GAUGE WIRECOVERED W/2−PLY RUBBER HOSEPAINTED FLUORESCENT ORANGETO PROVIDE FOR PLANTINGCUT BACK SLOPE A FLAT SURFACE 6"EXISTING GROUNDWHITE FLAGGING (TYP.)4 INCHES MULCHTREE WRAP4 INCH DEEP SAUCER8" 2−PLY RUBBER HOSEPLANPROPERTY OWNER/121 CROSSING LTD6900 DALLAS PKWY STE 780PLANO, TX 750246Cupressocyparis leylandiLEYLAND CYPRESSCONT.SEE PLAN7’ HT. ATTIME OFPLANTING7/5/2013SAETS T A81OF91ETXRICHARD W. RO G E RS LEGENDEXISTINGED−X−WVBWPTHGVSCHYDFA/CSTSOHU640’WGASCETINITIAL DATE PRN PM DES DRW Engineering Associates, Inc.CEI PROJECT NO.JOB # 27644 DRAWING: 27644land.dwg LAST SAVED BY: MAO LOCATION: P:\27000\27644.0\Drawings\Concept\REV 1\27644land.dwgTREE MITIGATION TABULATIONSEXISTING TREE LEGENDEXISTING TREE TO REMOVETOTAL CALIPER OF PROTECTED TREESTOTAL CALIPER OF TREES SAVED(6" AND GREATER)PRESERVATION CREDIT %REQUIRED RETRIBUTIONTOTAL CALIPER INCHES OF TREES PROVIDED(REFER TO LANDSCAPE PLAN)211"0TREE MITIGATION TABULATIONSDIA.INCHESSPECIES(COMMON NAME)12"11"11"28"11"31"9"11"23"19"9"11"6"11"13"22"32"CEDAR ELMCEDAR ELMCEDAR ELMHACKBERRYHACKBERRYCEDAR ELMHACKBERRYHACKBERRYLIVE OAKCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELMCEDAR ELM58"(50% OF THE PROVIDED BY ORDINANCE)29 TREES @ 4" CAL. (REQUIRED BY ORDINANCE)= 116"153"0 20’ 30’ 40’SCALE IN FEETCLA COPPELL, LLC3131 E. CAMELBACK ROAD, SUITE 420PHOENIX, AZ 85016(602) 707−6991 (PHONE)CONTACT: DAVID NEWTONCEI ENGINEERING ASSOCIATES, INC.3030 LBJ FREEWAY SUITE 100(972) 488−3737 (PHONE)(972) 488−6732 (FAX)CONTACT: MARIA PENASURVEYOR:PROPERTY OWNER:PEISER & MANKIN SURVEYING, LLC623 E. DALLAS ROADGRAPEVINE, TEXAS 76051(817)−481−1806 (PHONE)CONTACT: TIMOTHY MAKIN, RPLSENGINEER &LANDSCAPE ARCHITECT:APPLICANT / DEVELOPER:121 CROSSING LTD6900 DALLAS PKWY STE 780PLANO, TX 75024SAETS T A81OF91ETXRICHARD W. RO G E RS 5/6/2013 FIN FLOOR0'-0" = 59.0'T.O. PARAPET25' - 8"FIN FLOOR0'-0" = 59.0'T.O.ROTUNDA40' - 0"CURTAIN WALL GLAZINGPILASTER CORNICESTONE CORNICEFRONT FEATURE CORNICEROTUNDA CORNICESPANDREL GLAZINGSTONEPILASTER CAPCURTAIN WALL GLAZINGBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRCURTAIN WALL GLAZINGCULTURED STONE:COBBLEFIELD "TEXAS CREAM"(SIM. MATCH TO COBBLEFIELD "BROWN"SIGNAGESIGNAGESTONE PILASTERCAPITALSTONE CORNICESTONE ACCENT CORNICESTONE ACCENTCORNICET.O.ROTUNDA40' - 0"FIN FLOOR0'-0" = 59.0'PILASTER CORNICEMAIN CORNICESIDE FEATURE CORNICEACCENT CORNICEPILASTER CAPSIDE BUMP-OUT CORNICEPILASTER CAPROTUNDA CORNICESPANDREL GLAZINGCULTURED STONE:COBBLEFIELD "TEXAS CREAM"(SIM. MATCH TO COBBLEFIELD "BROWN")BRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRCURTAIN WALL GLAZINGFIN FLOORT.O.ROTUNDA40' - 0"0'-0" = 59.0'PILASTER CORNICESIDE FEATURE CORNICEMAIN CORNICESIDE BUMP-OUT CORNICECURTAIN WALL GLAZINGPILASTER CAPACCENT CORNICECULTURED STONE:COBBLEFIELD "TEXAS CREAM"SPANDREL GLAZINGBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRBRICK: INTERSTATE:"TUMBLEWEED" -MODUALRCURTAIN WALL GLAZINGSIGNAGE AREA1/8"=1'-0"Plotted On: Monday, May 06, 2013 - 11:13amUser Name: kristen_mack 912580PROFESSIONAL OF RECORDPHONE: 314-821-1100Job No:No:ISSUE:DATE:Scale:Drawn:Checked:Sheet No.PROJECTMANAGERSST. LOUIS, MO 6312710877 WATSON ROADCHILDREN'S LEARNING ADVENTURE CHILDCARE CENTERSXX-XX-XXPermitDate:BidDate:COPPELL COPPELL, TEXASXX-XX-XXSCALE:1A2-0ELEVATION EAST1/8" = 1'-0" SCALE:2A2-0ELEVATION NORTH1/8" = 1'-0" SCALE:3A2-0ELEVATION WEST1/8" = 1'-0" SCALE:4A2-0ELEVATION SOUTH1/8" = 1'-0" ELEVATIONS FOR APPROVAL 5/6/13 DATE REVISION DESCRIPTION DESIGNER B1 A B3 C 15' R.O.W. CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 N.T.S. COPPELL, TX CLA-TXxxx-02 \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\SITE PLAN STORE # : ADDRESS: xxx MACARTHUR BLVD & FOREST HILLS DR. COPPELL, TX 5.1.13 WAMREVISE SIGN SCHEDULE SITE PLAN STORE # : ADDRESS: xxx MACARTHUR BLVD & FOREST HILLS DR. COPPELL, TX B1 A B3 C SITE R3 5.6.13 WAMREVISE SIGN SCHEDULE 5.7.13 WAMREVISE SITE PLAN DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ 5.1.13 WAMREVISE SOUTH ELE SIGNAGE 5.6.13 WAMREVISE EAST, NORTH, SOUTH ELE SIGNAGE ELE R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 N.T.S. COPPELL, TX CLA-TXxxx-02 SOUTH ELEVATION N.T.S. WEST ELEVATION N.T.S. NORTH ELEVATION N.T.S. EAST ELEVATION N.T.S. B1 B1 A A B3 B3 COMBINED SQ. FT=147 SQ. FT=50 DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ CL 1 R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/8"=1'-0" COPPELL, TX CLA-TXxxx-02 INTERNALLY ILLUMINATED REVERSE LIT CHANNEL LETTERS END VIEW .063" ALUMINUM RETURNS .125" ALUMINUM FACE 2" SPACERS .177" TRANSLUCENT CLEAR BACKS 66 SQ. FT. 4" (1) REQUIRED PAINT SATIN FINISH BLACK LETTER CONSTRUCTION BACKS: .177" TRANSLUCENT CLEAR BAFFLE: N/A RETURNS: 4" DEEP, .063" ALUMINUM TRIM CAP: N/A RETAINER: N/A SELF-CONTAINED: N/A REMOTE: YES RACEWAY: N/A FACE DETAILS FACE: .125" ALUMINUM ILLUMINATION LED: WHITE LED VOLTAGE: 120V REQUIREMENTS FOR ELECTRICAL ILLUMINATION PRIMARY ELECTRICAL LOCATION IS PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTALLATIONS ALL SIGNS HAVE: -DEDICATED BRANCH CIRCUITS -THREE WIRES: LINE, NEUTRAL & GROUND -WIRE SIZE: MINIMUM 12 GAUGE THN COPPER ALSO NOTE; GAUGE OF COPPER IS DETERMINED BY THE LENGTH OF RUN & AMPERAGE AS PER NEC ARTICLE 300. - GROUND WIRE MUST BE CONTINUOUS AND GO FROM THE SIGN TO THE PANEL BOARD GROUND BUS -VOLTAGE SHOULD READ NO MORE THAN (3) VOLTS BETWEEN GROUND AND NEUTRAL - CONDUIT CAN NOT BE USED AS A GROUND PATH.ELECTRICAL 120V COLOR KEY SIGN TO ATTACH WITH 3/8" LAG BOLTS B1 5.1.13 WAMREVISE QTY. 5.6.13 WAMREVISE QTY., DIMENSIONS 19'-1 3/8"3'-5 1/2" DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ CL 2 R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/8"=1'-0" COPPELL, TX CLA-TXxxx-02 INTERNALLY ILLUMINATED REVERSE LIT CHANNEL LETTERS 81 SQ. FT. (1) REQUIRED PAINT SATIN FINISH BLACK LETTER CONSTRUCTION BACKS: .177" TRANSLUCENT CLEAR BAFFLE: N/A RETURNS: 4" DEEP, .063" ALUMINUM TRIM CAP: N/A RETAINER: N/A SELF-CONTAINED: N/A REMOTE: YES RACEWAY: N/A FACE DETAILS FACE: .125" ALUMINUM ILLUMINATION LED: WHITE LED VOLTAGE: 120V REQUIREMENTS FOR ELECTRICAL ILLUMINATION PRIMARY ELECTRICAL LOCATION IS PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTALLATIONS ALL SIGNS HAVE: -DEDICATED BRANCH CIRCUITS -THREE WIRES: LINE, NEUTRAL & GROUND -WIRE SIZE: MINIMUM 12 GAUGE THN COPPER ALSO NOTE; GAUGE OF COPPER IS DETERMINED BY THE LENGTH OF RUN & AMPERAGE AS PER NEC ARTICLE 300. - GROUND WIRE MUST BE CONTINUOUS AND GO FROM THE SIGN TO THE PANEL BOARD GROUND BUS -VOLTAGE SHOULD READ NO MORE THAN (3) VOLTS BETWEEN GROUND AND NEUTRAL - CONDUIT CAN NOT BE USED AS A GROUND PATH.ELECTRICAL 120V COLOR KEY END VIEW .063" ALUMINUM RETURNS .125" ALUMINUM FACE 2" SPACERS SIGN TO ATTACH WITH 3/8" LAG BOLTS .177" TRANSLUCENT CLEAR BACKS 4" A 5.1.13 WAMREVISE QTY. 5.6.13 WAMREVISE QTY., DIMENSIONS 23'-5"3'-5 1/2" DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ CL 3 R2 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/8"=1'-0" COPPELL, TX CLA-TXxxx-02 INTERNALLY ILLUMINATED REVERSE LIT CHANNEL LETTERS END VIEW .063" ALUMINUM RETURNS .125" ALUMINUM FACE 2" SPACERS .177" TRANSLUCENT CLEAR BACKS 50 SQ. FT. 4" (1) REQUIRED PAINT SATIN FINISH BLACK LETTER CONSTRUCTION BACKS: .177" TRANSLUCENT CLEAR BAFFLE: N/A RETURNS: 4" DEEP, .063" ALUMINUM TRIM CAP: N/A RETAINER: N/A SELF-CONTAINED: N/A REMOTE: YES RACEWAY: N/A FACE DETAILS FACE: .125" ALUMINUM ILLUMINATION LED: WHITE LED VOLTAGE: 120V REQUIREMENTS FOR ELECTRICAL ILLUMINATION PRIMARY ELECTRICAL LOCATION IS PROVIDED BY OTHERS. A DEDICATED CIRCUIT WITH NO SHARED NEUTRALS AND A GROUND RETURNING TO THE PANEL IS REQUIRED FOR ALL INSTALLATIONS ALL SIGNS HAVE: -DEDICATED BRANCH CIRCUITS -THREE WIRES: LINE, NEUTRAL & GROUND -WIRE SIZE: MINIMUM 12 GAUGE THN COPPER ALSO NOTE; GAUGE OF COPPER IS DETERMINED BY THE LENGTH OF RUN & AMPERAGE AS PER NEC ARTICLE 300. - GROUND WIRE MUST BE CONTINUOUS AND GO FROM THE SIGN TO THE PANEL BOARD GROUND BUS -VOLTAGE SHOULD READ NO MORE THAN (3) VOLTS BETWEEN GROUND AND NEUTRAL - CONDUIT CAN NOT BE USED AS A GROUND PATH.ELECTRICAL 120V COLOR KEY SIGN TO ATTACH WITH 3/8" LAG BOLTS B3 5.1.13 WAMREVISE QTY. 5.6.13 WAMREVISE QTY., DIMENSIONS 16'-7 5/8" DATE REVISION DESCRIPTION DESIGNER \CLIENTS FOLDER\Childrens Learning Adventure\TXxxx - Coppell, TX (The Colony)\ MONUMENT R3 CHILDREN'S LEARNING ADVENTURE KARL UFTRING WAM 4.16.13 3/4"=1'-0" COPPELL, TX CLA-TXxxx-02 BORAL CULTURED STONE - COBBLEFIELD “TEXAS CREAM” MASONRY BORAL CULTURED STONE COBBLEFIELD “TEXAS CREAM” ALUMINUM PANEL PAINTED WHITE C 10'-0"6'-0"D/F HALO ILLUMINATED MONUMENT SIGN 60 SQ. FT. (1) REQUIRED END VIEW CULTURED STONE CORNICE TO MATCH ARCHITECTURE CULTURED STONE CAP TO MATCH ARCHITECTURE ALUMINUM PANEL PAINTED WHITE 5.2.13 WAMREVISE BOTTOM PANEL LAYOUT 5.6.13 WAMREVISE MATERIAL, CONSTRUCTION 5.7.13 WAMREVISE TRIM MATERIAL - CULTURED STONE 1'-2" 3" 3" 1 1/2" 1 1/2" REVERSE CHANNEL LETTERS 3" DEPTH, MOUNT 1 1/2" FROM ALUMINUM PANEL REVERSE CHANNEL LETTERS 3" DEPTH, MOUNT 1 1/2" FROM ALUMINUM PANEL REVERSE CHANNEL LETTERS 1 1/2" DEPTH, MOUNT 1 1/2" FROM ALUMINUM PANEL ALUMINUM PANEL PAINTED WHITE8"1'-2 3/4"4 7/8" Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1211 File ID: Type: Status: 2013-1211 Agenda Item Passed 1Version: Reference: In Control: Planning 07/30/2013File Created: 08/13/2013Final Action: Vista Point II, Lot 6R, Blk A, RPFile Name: Title: PUBLIC HEARING: Consider approval of the Vista Point II, Lot 6R, Block A, Replat, being a replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center on 2.6 acres of property located at 811 N. MacArthur Boulevard. Notes: Agenda Date: 08/13/2013 Agenda Number: 12. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Replat.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassClose the Public Hearing and Approve 08/13/2013City Council Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to Council to consider Agenda Items 11 and 12 together. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Mayor Pro Tem Billy Faught, seconded by Councilmember Marvin Franklin, to close the Public Hearing and approve this Agenda Item subject to additional conditions upon Engineering Review. The motion passsed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1211 Title Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1211) PUBLIC HEARING: Consider approval of the Vista Point II, Lot 6R, Block A, Replat, being a replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center on 2.6 acres of property located at 811 N. MacArthur Boulevard. Summary The following P&Z condition remains outstanding: 1.There may be additional comments upon Detail Engineering review. Staff Recommendation: On July 18, 2013, the Planning Commission unanimously recommended approval of this REPLAT (7-0). On June 11, 2013, City Council unanimously denied this REPLAT (7-0). On May 16, 2013, the Planning Commission unanimously recommended approval of this REPLAT (4-0), subject to the above-stated condition. Commissioners Robinson, Haas, Darling and Portman voted in favor; none opposed. The Planning Department recommends APPROVAL. Goal Icon: Business Prosperity Sense of Community Page 2City of Coppell, Texas Printed on 12/28/2017 To: From: Thru: Date: Reference: 2030: Introductio This is a co Vista Point developmen Analysis: On July 18, the followin 1. T Legal Revie This item di Fiscal Impa None Recommen The Plannin Attachmen Staff Report Mayor an Marcie D Gary L. S August 1 Consider Business on: ompanion req II Addition nt of a Day C 2013, the Pl ng condition: There may b ew: id not requir act: ndation: ng Departme ts: t with Repla nd City Coun Diamond, As Sieb, Directo 13, 2013 r approval V s Prosperity quest to the n, into one lo Care Center. lanning & Z : be additional re City Attor ent recomme at MEM ncil ssistant Direc or of Plannin Vista Point II y, Sense of C PD Amendm ot and to est Zoning Comm comments u rney review nds approva 1 MORANDU ctor of Plann ng , Lot 6R, Blo Community ment. This tablish easem mission reco upon Detail al of this repl UM ning ock A, Repl is a replat o ments, fire l ommended ap Engineering lat. lat of Lots 6 and lanes and se approval of th g review. d 7, Block A etbacks to a he Replat, su A, of the llow the ubject to ITEM 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Vista Point II, Lot 6R, Block A, Replat P&Z HEARING DATE: May 16, 2013 July 18, 2013 C.C. HEARING DATE: June 11, 2013 August 13, 2013 STAFF REP.: Marcie Diamond, Assistant Director of Planning LOCATION: NWC MacArthur Boulevard & Forest Hill Drive SIZE OF AREA: 2.6 acres of property CURRENT ZONING: PD-199-HC (Planned Development-199-Highway Commercial) REQUEST: A replat of Lots 6 and 7, Block A, into one lot and to establish easements, fire lanes and setbacks to allow the development of a Day Care Center. APPLICANT: Prospective Purchaser: Property Owner: David Newton Simon Beakley Children's Learning Adventure 121 Crossing LTD Childcare Centers (CLA) 6900 Dallas Parkway 3131 E Camelback Rd, Suite 420 Suite 780 Phoenix, AZ 85016 Plano, Texas 75024 602-707-6991 972-698-5399 dnewton@childrenslearningadventure.com HISTORY/HISTORIC SIGNIFICANCE: The subject property lies within Denton County and was originally part of the city of Lewisville when the original plat for Vista Ridge Business Park was recorded in September of 1986. Since that time, the city of Coppell has annexed this and other portions of that Business Park. On December 16, 1999, the Planning and Zoning Commission recommended denial of a request for a PD for a gas station, convenience store and car wash on 1.5 acres at this corner of S.H. 121 and MacArthur Boulevard. This recommendation was not appealed to City Council. In September 2001, Council approved a Site Plan and Replat to allow for the construction of a one-story, 71,000-square-foot office building on seven acres. That building was never built and the site plan expired. On April 13, 2004, Council approved a Concept Planned Development to allow the construction of 210,000-square feet of office/warehouse/assembly buildings (total of ITEM 5 Page 2 of 3 6 buildings) and five retail pad sites. In August 2004, Council approved the Detail Plan for the first phase of this development, consisting of three buildings, totaling 93,550-square feet. The second three buildings were approved in April 2006. Also in 2004, with the original Concept Plan, an SUP for a gas station and car repair on Lot 4 of this PD was approved, which subsequently expired. A modified SUP for the same uses was again approved in May 2005. On April 12, 2005, Council approved an amendment to this PD to allow the development of the Bank of Texas on Lot 5, which abuts the subject property to the north. On November 14, 2006, Council approved a Site Plan to allow a 9,300-square- foot retail building replacing the previously approved gas station/convenience store at the corner of SH 121 and MacArthur Blvd. Firestone Auto Repair was completed in April of 2007 on the land adjacent to the retail building. On October 13, 2009, Council approved a PD Amendment and a replat which allowed that lot to be subdivided into two lots to allow the existing buildings (the retail and the Firestone) to be on individual lots to permit separate ownership. Zimmer purchased the retail building, and was denied a PD amendment to allow for attached signage which was not in accordance with the sign regulations. Since that time, the citywide Sign Ordinance has been revised, and Zimmer was allowed their desired sign. On May 16, 2013, the Planning & Zoning Commission recommended approval of this request subject to the following conditions: 1. There may be additional comments upon Detail Engineering review. 2. Add “Lot 6R, Block A” to the City Secretary’s signature block. Subsequent to the May 16th meeting, due to the concerns expressed by the Planning and Zoning Commission and citizen input, staff requested the applicant provide additional information on the internal and external circulation patterns for this proposed 470 student facility. Council’s consideration of this request was postponed until the traffic issues were addressed. One of the recommendations of the Traffic Management Plan was that additional parking be provided for this facility. Given the impact that this had on the Site Plan, this request has been sent back to Planning and Zoning Commission for additional consideration. HISTORIC COMMENT: The request area does not have historic significance. TRANSPORTATION: MacArthur Boulevard is a P6D Major thoroughfare built to standard with a six- lane divided street contained within a 120-foot right-of-way. ITEM 5 Page 3 of 3 SURROUNDING LAND USE AND ZONING: North- Bank of Texas; PD-199-R2-HC South- Levee and Trail System (approx.330 foot wide) and The Peninsulas; PD- 132-SF-9 East-Villas of Lake Vista; PD-202-TH-1 West-Office/warehouse/showroom; PD-199R3-HC COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, designates this area for Freeway Special District. DISCUSSION: This is a companion request to the PD amendment to allow the development of a day care center. This request is to replat two lots into one to accommodate this development. There are several easements that needed to be relocated and setbacks established. The overall plat establishes mutual access that allows for internal circulation as well as access to abutting street system. The front building lines along both MacArthur and Forest Hill Drive have been established at 60 feet. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the replat of Vista Point II, Lot 6R, subject to the condition that there may be additional comments upon detail engineering review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1150 File ID: Type: Status: 2013-1150 Agenda Item Passed 1Version: Reference: In Control: Engineering 06/26/2013File Created: 08/13/2013Final Action: Second floor renovation 265 ParkwayFile Name: Title: Consider approval of awarding Job Order Contract to Core Construction in the amount of $349,337.02 for Phase II second floor renovation of 265 Parkway; and authorizing the City Manager to sign all necessary documents. Notes: Agenda Date: 08/13/2013 Agenda Number: 13. Sponsors: Enactment Date: 265 Parkway 2nd Floor Contract Memo.pdf, 265 Parkway Finish Selections.pdf, 265 Parkway TCPN Cooperative Purchasing Network.pdf, 265 Parkway 2nd Floor Plan.pdf, CORE Proposal for 265 Parkway.pdf, PARKWAY 265 2nd Fl Exhibit.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Pulled07/09/2013City Council Pulled Action Text: 1 PassApproved08/13/2013City Council Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Tim Brancheau, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1150 Title Consider approval of awarding Job Order Contract to Core Construction in the amount of Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1150) $349,337.02 for Phase II second floor renovation of 265 Parkway; and authorizing the City Manager to sign all necessary documents. Summary Phase II renovation consists of approximately 6000 square feet on the second floor and will be occupied by Fire Administration and will also house the EOC (Emergency Operations Center). Fiscal Impact: Funds have been designated in General Fund - Fund Balance for this project. Staff Recommendation: The Engineering Department recommends award to Core Construction in the amount of $349,337.02 Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering and Public Works Date: August 13, 2013 Reference: This contract is for the renovation of the second floor of 265 Parkway Blvd. The contract is a Job Order Contract per The Cooperative Purchasing Network (TCPN). 2030: Sustainable City Government, Goal 3 Excellent and Well-Maintained City Infrastructure and Facilities Introduction: The City of Coppell purchased the office building located at 265 E. Parkway Blvd on August 28, 2012. Phase I renovation of the first floor was completed in February, 2013 and is occupied by the departments of Planning, Engineering, and Building Inspections. Phase II renovation consists of approximately 6000 square feet on the second floor and will be occupied by Fire Administration and will also house the EOC (Emergency Operations Center). Once complete and staff is relocated, the existing Fire Administration Building will be vacant. Analysis: The Job Order Contract with Core Construction is through an Interlocal agreement with The Cooperative Purchasing Network (TCPN). This contractor has provided exceptional renovations and construction activities for several municipalities, including the City of Coppell. Core Construction’s architectural team, Corgan Associates, Inc., provided the city with Basic Services to include space planning and schematic design for Phase II (second floor). The award of this construction contract will allow Core Construction to begin renovation services at the end of August, with anticipated completion by the end of 2013. Legal Review: Agenda item did not require legal review. 2 Fiscal Impact: The fiscal impact of this Agenda item is $349,337.02 Recommendation: The Engineering Department recommends award to Core Construction in the amount of $349,337.02 TCPN Cooperative Purchasing Network http://www.tcpn.org/default.aspx?name=aboutTCPN[11/5/2012 2:10:01 PM] TCPN is a national governmental purchasing cooperative able to leverage the purchasing potential of governmental entities in all 50 states - this means equal pricing for the smallest entity and the largest buyer. All TCPN contracts are competitively bid and evaluated by a government entity serving as the lead agency. Region 4 Education Service Center serves as the primary lead agency for TCPN contracts. The lead agency awards these contracts to national vendors in accordance with purhasing procedures mandated by state procurement laws and regulations. TCPN contracts are available for use, and benefit, public and private schools, colleges and universities, cities, counties, non-profits and all governmental entities. We believe cooperative purchasing means fiscally sound procurement and ensuring you’re getting a good value for every dollar you spend. When public entities come together to share services they benefit big in cost savings and time. When public entities utilize a TCPN contract to procure goods and services, it provides the legally required competition for contracts as required by law. TCPN awards best-value contracts based on quality, proven performance, customer satisfaction and most importantly pricing. Our one and only mission is to help other governmental agencies operate efficiently and economically. Utilizing a TCPN contract means you deal directly with the vendor, as you would normally, using the TCPN contract as your own. We’ve already done the hard part, and we’ll be with you every step of the way to help increase your efficiency, shorten your delivery time, and stretch your budget dollars. You save the soft costs associated with the competitive bid process, reap the benefits of nationally leveraged pricing, all at no cost to you...that’s working smart! OUR PROCESS Research and Development of bid specifications Compilation of solicitation documents Advertisement of the solicitation both on the TCPN website and in newspapers (including the USA Today) for a minimum of two (2) weeks Receipt of sealed responses that are duly recorded and opened publicly Tabulation and evaluation of all responses Recommendation of vendor contract awards Contract awarded by a government agency serving in the lead agency role What Makes TCPN Contracts Legal? All TCPN contracts are competitively bid, evaluated, and awarded by a government entity serving in the lead agency role. TCPN’s primary lead agency is Region 4 Education Service Center, which was established in 1967 by the State of Texas under Chapter 8 of the Texas Education Code. Because of this structure, Region 4 is TCPN’s primary beneficiary. Reinvesting in the Power of Education Region 4 Education Service Center is one of the nation’s largest education service centers, serving more students and teachers than any other region in Texas. This agency works with educators to deliver creative solutions that help schools to operate more efficiently and effectively. Region 4 delivers innovative solutions spanning every facet of education, from classroom and curriculum development to operations, including food service, maintenance, construction and budgeting. Region 4 produces educational materials available to schools across the nation and is home to one of the nation’s largest Braille production facilities. This connection to Region 4, along with valued education partnerships across the country, means that education thrives above all else with TCPN. Current participants include state and local government entities as well as nonprofit organizations in all 50 states, including: • Cities/Municipalities • Churches • Counties • Charitable Organizations • State Agencies • Private Schools • State Colleges and Universities • Private Colleges and Universities Our procedures have been ISO 9001:2008 certified for 6 years and are independently audited twice yearly, because we know you might be audited too! About Membership Vendors Solicitations About TCPN 10625 North County Road Frisco, TX 75034-3831 PH: 972.668.9340 FAX: 972.668.9351 www.COREconstruct.com ARIZONA . FLORIDA . ILLINOIS . NEVADA . TEXAS . July 31, 2013 Ms Sheri Moino, CFM Facilities Manager City of Coppell Ref: 265 2nd Floor Dear Ms. Moino. Please find attached our proposal for the identified revisions to the 2nd floor of 265 Parkway Blvd. Our proposal is based on the following: Total Costs of $ 412,080.08 Less Dallas City Modifier $ (54,806.65) CORE Coefficient $ (21,436.41) Owner's Contingency $ 10,000.00 CORE Bonding $ 3,500.00 Total $ 349,337.02 See attached for detailed pricing. It does not include: Taxes on incorporated materials. Our TCPN authorization number is R5081TXCityofCoppell2ndflr018. Sincerely, Matt J. Letlow Final EstimateMatt LetlowCORE ConstructionCity of Coppell 265 Parkway 2nd Floor - COR0002Estimator: Matt LetlowCity of Coppell 265 Parkway 2nd FloorDivision Summary (MF04)01 - General Requirements $80,935.50 26 - Electrical $61,215.0202 - Existing Conditions $11,041.76 27 - Communications $681.1203 - Concrete28 - Electronic Safety and Security $8,729.0004 - Masonry $5,165.76 31 - Earthwork05 - Metals32 - Exterior Improvements06 - Wood, Plastics, and Composites $4,223.00 33 - Utilities07 - Thermal and Moisture Protection $3,863.86 34 - Transportation08 - Openings $37,787.40 35 - Waterway and Marine Transportation09 - Finishes $59,522.02 41 - Material Processing and Handling Equipment10 - Specialties $1,398.60 44 - Pollution Control Equipment11 - Equipment $5,026.50 46 - Water and Wastewater Equipment12 - Furnishings $52,297.80 48 - Electric Power Generation13 - Special ConstructionAlternates $16,143.0314 - Conveying EquipmentTrades21 - Fire Suppression $431.80Assemblies22 - Plumbing $11,484.90 FMR23 - Heating, Ventilating, and Air-Conditioning (HVAC) $52,133.01MF04 Total (Without totalling components) $412,080.08Totalling ComponentsPriced Line Items $412,080.08 Owner's Contingency $10,000.00RSMeans DALLAS, TX CCI 2013Q2, 86.70% $(54,806.65) CORE Bonding $3,500.002012 TCPN JOC Texas CORE Standard (-6.0000%) $(21,436.41)Material, Labor, and Equipment Totals (No Totalling Components) $182,536.02 $225,969.45 $834.62Labor:Equipment:Other: $2,739.99Laborhours: 3,006.95Green Line Items: $4,230.404Material:Grand Total $349,337.02Page 1 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorItemQuantityUnit CostDescription UM Total Book01 - General Requirements 1 01-21-53-50-0500-M Factors, cost adjustments, add to construction costs for particular jobrequirements, cut and patch to match existing construction, add, minimumCosts 330,000.0000 2.0000% $6,600.00RSM13FAC M, O&PCut and patch walls as needed 2 01-21-53-50-0800-L Factors, cost adjustments, add to construction costs for particular jobrequirements, dust protection, add, minimumCosts 100,000.0000 2.0000% $2,000.00RSM13FAC L, O&PDust protection at stairs to 1st floor 3 01-21-53-50-0800-M Factors, cost adjustments, add to construction costs for particular jobrequirements, dust protection, add, minimumCosts 100,000.0000 1.0000% $1,000.00RSM13FAC M, O&PDust protection at stairs to 1st floor 4 01-31-13-20-0160 Field personnel, general purpose laborer, average Week 5.0000 $2,325.00 $11,625.00RSM13FAC L, O&PProject requires partime laborer 5 01-31-13-20-0260 Field personnel, superintendent, average Week 17.0000 $3,275.00 $55,675.00RSM13FAC L, O&PProject requires fulltime supervision 6 01-54-33-10-1150-3 Rent per week for concrete equipment rental, without operators, core drill,electric, 11 H.P., 8" to 18" coresEa. 1.0000 $330.00 $330.00RSM13FAC E, BFor Plumbing 7 01-54-33-40-0160-2 Rent per day for general equipment rental, without operators, aerial lift, scissortype, electric, to 25' high, 2000 lb. capacityEa. 3.0000 $68.50 $205.50RSM13FAC E, BLift for chandelier install in main lobby 8 01-74-13-20-0040 Cleaning up, after job completion, allow, maximum Job 350,000.0000 1.0000% $3,500.00RSM13FAC B3500000*.01 = 35,000.0001 - General Requirements Total $80,935.5002 - Existing Conditions 9 02-41-19-19-0725Selective facility services demolition, rubbish handling, the following are to beadded to the demolition prices. Dumpster, weekly rental, includes one dump perweek, 20 C.Y. capacity, 5 tonsWeek 10.0000 $630.00 $6,300.00RSM13FAC M, B 10 02-41-19-19-2005Selective facility services demolition, rubbish handling, the following are to beadded to the demolition prices. Load, haul, dump and return, up to 50' haul,wheeledC.Y. 110.0000 $25.00 $2,750.00RSM13FAC L, O&PHaul removed debris to dumpster 11 02-41-19-19-2005-2120 Selective facility services demolition, rubbish handling, in elevators, per 10 floors,add (Modified using 02-41-19-19-2120)C.Y. 110.0000 $6.65 $731.50RSM13FAC L, O&PHaul removed debris to dumpster 12 02-41-19-19-2045-2085 Selective facility services demolition, rubbish handling, over 100' haul, add per100 L.F., wheeled (Modified using 02-41-19-19-2085)C.Y. 50.0000 $17.25 $862.50RSM13FAC L, O&PHaul removed debris to dumpsterPage 2 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor02 - Existing ConditionsItemQuantityUnit CostDescription UM Total Book 13 02-41-19-25-2000 Selective demolition, saw cutting, brick or masonry with hand held saw, per inchof depthL.F. 88.0000 $4.52 $397.76RSM13FAC M, L, E, O&PSawcut brick veneer at new door opening(4+4+7+7)*4 = 88.0002 - Existing Conditions Total $11,041.7604 - Masonry 14 04-05-05-10-5020 Selective demolition, veneers, brick, hard mortar S.F. 28.0000 $3.72 $104.16RSM13FAC L, O&PRemove brick veneer at exterior to roof 15 04-43-10-80-1100Slate, interior flooring, natural cleft, 1/2" thick, 6" x 6", Pennsylvania S.F. 296.0000 $17.10 $5,061.60RSM13FAC M, L, B04 - Masonry Total $5,165.7606 - Wood, Plastics, and Composites 16 06-05-05-10-6740 Selective demolition wood framing, wall framing, including studs plates andblocking, 2" x 6"S.F. 28.0000 $0.97 $27.16RSM13FAC L, O&PRemove studs at exterior walls7*4 = 28.00 17 06-05-05-20-1000 Selective demolition millwork and trim, cabinets, wood, base cabinets, per L.F. L.F. 9.0000 $7.10 $63.90RSM13FAC L, B 18 06-05-05-20-3140Selective demolition millwork and trim, trim, railings with balusters L.F. 19.0000 $2.36 $44.84RSM13FAC L, B 19 06-11-10-02-2660 Blocking, miscellaneous, to wood construction, 2" x 8" M.B.F. 1.0000 $1,920.00 $1,920.00RSM13FAC M, L, B 20 06-25-16-10-4000 Paneling, plywood, plywood, prefinished, 3/4" thick, stock grades, minimum S.F. 255.0000 $3.51 $895.05RSM13FAC M, L, BPaint PT-2 21 06-43-16-10-0100 Wood handrails and railings, custom design, architectural grade, hardwood,maximumL.F. 19.0000 $66.95 $1,272.05RSM13FAC M, L, B06 - Wood, Plastics, and Composites Total $4,223.0007 - Thermal and Moisture Protection 22 07-05-05-10-0620 Selective demolition, thermal and moisture protection, insulation, air or vaporbarrierS.F. 28.0000 $0.13 $3.64RSM13FAC L, O&PRemove exterior wall vapor barrier7*4 = 28.00 23 07-05-05-10-0670Selective demolition, thermal and moisture protection, insulation, batts orblanketsC.F. 14.0000 $0.33 $4.62RSM13FAC L, O&PRemove insulation in exterior wallPage 3 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor07 - Thermal and Moisture ProtectionItemQuantityUnit CostDescription UM Total Book7*4*.5 = 14.00 24 07-84-13-10-0110 Firestopping, metallic piping, non insulated, through walls, 2" diameter Ea. 86.0000 $38.10 $3,276.60RSM13FAC M, L, B 25 07-84-13-10-0470 Firestopping, ductwork, insulated and non insulated, rectangular, with stiffener orclosure angle, through walls, 24" x 48"Ea. 3.0000 $193.00 $579.00RSM13FAC M, L, B07 - Thermal and Moisture Protection Total $3,863.8608 - Openings 26 08-05-05-10-0220 Selective demolition doors, doors, exterior, 1-3/4" thick, double, 6' x 7' high Ea. 1.0000 $23.50 $23.50RSM13FAC L, B 27 08-05-05-10-0500 Selective demolition doors, doors, interior, 1-3/8" thick, single, 3' x 7' high Ea. 4.0000 $14.20 $56.80RSM13FAC L, B 28 08-05-05-10-4000Selective demolition doors, residential lockset, exterior Ea. 2.0000 $12.85 $25.70RSM13FAC L, BResidential equal to Commercial Interior 29 08-12-13-18-0180 Transoms and sidelights, transom sash, 6-3/4" thick, 3'-4" x 1'-4" Ea. 2.0000 $241.50 $483.00RSM13FAC M, L, B 30 08-12-13-20-0460 Wrap around drywall frames, wrap-around drywall frame, 16 gauge, 6-1/4" x 7'-0"x 3'-0" wideEa. 14.0000 $215.00 $3,010.00RSM13FAC M, L, B 31 08-12-13-20-0580 Wrap around drywall frames, wrap-around drywall frame, 16 gauge, 6-1/4" x 7'-0"x 6'-0" wideEa. 1.0000 $256.50 $256.50RSM13FAC M, L, B 32 08-13-13-13-0020Standard hollow metal doors, flush, hollow core, full panel, 1-3/8" thick, 20 gauge,2'-0" x 6'-8"Ea. 1.0000 $371.00 $371.00RSM13FAC M, L, B 33 08-14-13-10-3120 Types of wood doors, carved, solid wood, 1-3/4" thick stile and rail, pine, 3'-6" x8'-0", minimumEa. 19.0000 $972.00 $18,468.00RSM13FAC M, L, B 34 08-17-23-10-8500 Pre-hung doors, pocket door frame with lauan, flush, hollow core , 1-3/8" x 3'-0" x6'-8"Ea. 2.0000 $238.00 $476.00RSM13FAC M, L, B 35 08-42-26-10-0020 Swinging glass doors, including hardware, 1/2" thick, tempered, 3' x 7' opening Opng. 2.0000 $2,545.00 $5,090.00RSM13FAC M, L, B 36 08-52-10-65-0900 Wood sash, window frames only, based on perimeter length L.F. 34.0000 $4.02 $136.68RSM13FAC M, B5+5+4+4+5+5+3+3 = 34.00 37 08-71-20-15-2100 Hardware, average, door hardware, pocket door Ea. 2.0000 $160.00 $320.00RSM13FAC M, L, B 38 08-71-20-31-0015 Door closers, door closer, rack and pinion Ea. 7.0000 $244.50 $1,711.50RSM13FAC M, L, B 39 08-71-20-40-0400 Lockset, standard duty, cylindrical, with sectional trim, keyed, single cylinderfunctionEa. 2.0000 $143.00 $286.00RSM13FAC M, L, BResidential equal to Commercial InteriorPage 4 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor08 - OpeningsItemQuantityUnit CostDescription UM Total BookType A and H 40 08-71-20-40-1400 Lockset, heavy duty, cylindrical, with sectional trim, keyed, single cylinderfunctionEa. 11.0000 $216.00 $2,376.00RSM13FAC M, L, BType B, E, F,11 = 11.00 41 08-71-20-50-0020 Door stops, holder and bumper, floor or wall Ea. 17.0000 $47.75 $811.75RSM13FAC M, L, B 42 08-71-20-65-0100 Thresholds, threshold 3' long, 8" wide, 1/2" thick, aluminum Ea. 1.0000 $75.00 $75.00RSM13FAC M, L, B 43 08-71-20-92-0200 Mortised hinges, full mortise, 3-1/2" x 3-1/2", average frequency, steel plated, ballbearingPr. 38.0000 $25.50 $969.00RSM13FAC M, B4 hingers per doorA, B, C, E, F, H19*2 = 38.00 44 08-71-20-95-0030Kick plates, stainless steel, .050, 16 gauge, US32, 8" x 30" Ea. 1.0000 $60.00 $60.00RSM13FAC M, L, B 45 08-74-13-50-0020 Card key access, excluding door hardware, card type, 1 time zone, minimum Ea. 1.0000 $685.00 $685.00RSM13FAC M, B 46 08-74-13-60-0900Entrance card systems, accessories, electric door strike or bolt Ea. 5.0000 $287.50 $1,437.50RSM13FAC M, L, B 47 08-81-10-10-0800 Various types and thickness of float glass, 1/4" thick, tempered, clear S.F. 46.7000 $14.10 $658.47RSM13FAC M, L, BBrad's OfficeRACES Office(4.67*7)+(4.67*3) = 46.7008 - Openings Total $37,787.4009 - Finishes 48 09-05-05-10-1250 Selective demolition, ceilings, suspended ceiling, mineral fiber, on suspensionsystem, including systemS.F. 451.0000 $0.78 $351.78RSM13FAC L, O&PRemove ceiling system 49 09-05-05-20-0400 Selective demolition, flooring, carpet, bonded, including surface scrapingS.F. 4,928.0000 $0.47 $2,316.16RSM13FAC L, O&PRemove carpet 50 09-05-05-20-0850 Selective demolition, flooring, vinyl or rubber cove base L.F. 1,407.0000 $0.47 $661.29RSM13FAC L, O&PRemove base at carpet 51 09-05-05-20-0860 Selective demolition, flooring, vinyl or rubber cove base, molded corner Ea. 97.0000 $0.47 $45.59RSM13FAC L, O&PRemove base inside and outside corners 52 09-05-05-20-2200 Selective demolition, flooring, tile, marble, slate, thin set S.F. 587.0000 $0.84 $493.08RSM13FAC L, BPage 5 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor09 - FinishesItemQuantityUnit CostDescription UM Total Book 53 09-05-05-30-1000Selective demolition, walls and partitions, drywall, nailed or screwed, one layer S.F. 28.0000 $0.47 $13.16RSM13FAC L, O&PRemove exterior wall drywall for new door4*7 = 28.00 54 09-05-05-30-1010Selective demolition, walls and partitions, drywall, nailed or screwed, two layers S.F. 8,633.0000 $0.71 $6,129.43RSM13FAC L, B 55 09-05-05-30-2300Selective demolition, walls and partitions, metal or wood studs, finish 2 sides,plasterboard or drywallS.F. 184.0000 $1.67 $307.28RSM13FAC L, BD2 Wall Removal 56 09-05-05-30-5000Selective demolition, walls and partitions, wallcovering, vinyl S.F. 2,897.0000 $0.44 $1,274.68RSM13FAC L, B 57 09-21-16-33-3800 Partition wall, stud wall, 8' to 12' high, 5/8", interior, gypsum board, standard, tapeand finish both sides, installed on and including, metal studs, non load bearing,25 gauge, 16" O.C., 3-5/8" wideS.F. 161.0000 $3.10 $499.10RSM13FAC M, L, B 58 09-21-16-33-3800-9600 Partition wall, partitions, for work over 8' high, add (Modified using 09-21-16-33-9600)S.F. 8,245.0000 $0.47 $3,875.15RSM13FAC L, B 59 09-21-16-33-4000 Partition wall, stud wall, 8' to 12' high, 5/8", interior, gypsum board, standard, tapeand finish both sides, installed on and including, metal studs, non load bearing,25 gauge, 16" O.C., 6" wideS.F. 922.0000 $3.38 $3,116.36RSM13FAC M, L, B 60 09-51-23-30-0830 Suspended ceilings, complete, including standard, suspension system, excluding1-1/2" carrier channels, mineral fiber, tegular, 2' x 4' x 3/4" tile on 9/16" gridS.F. 451.0000 $5.35 $2,412.85RSM13FAC M, L, O&PNew ceiling system 61 09-65-13-13-1100 Resilient base, 1/8" rubber base, standard colors, straight or cove, 4" highL.F. 1,302.0000 $3.14 $4,088.28RSM13FAC M, L, O&PBase at carpet and VCT1152+150 = 1,302.00 62 09-65-13-13-1153 Resilient base, 1/8" rubber base, standard colors, corners, 4" high Ea. 79.0000 $4.62 $364.98RSM13FAC M, L, O&PBase inside and outside corners71+8 = 79.00 63 09-68-13-10-5060 Carpet tile, tufted nylon, 24" x 24", hard back, 42 ounce S.Y. 471.0000 $50.13 $23,611.23RSM13FAC M, L, B 64 09-91-23-20-3000 Cabinets and casework, stain, brushwork, wipe off S.F. 552.0000 $0.56 $309.12RSM13FAC M, L, B(23+23)*3*4(23+23)*3*4 = 552.00 65 09-91-23-72-1240 Walls and ceilings, interior, concrete, drywall or plaster, latex, paint three coats,smooth finish, rollerS.F. 14,625.0000 $0.66 $9,652.50RSM13FAC M, L, B09 - Finishes Total $59,522.02Page 6 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorItemQuantityUnit CostDescription UM Total Book10 - Specialties 66 10-14-23-13-2020 Engraved panel signage, interior, corridor, stock acrylic, two sided, with mountingbracket, 2" x 10"Ea. 28.0000 $49.95 $1,398.60RSM13FAC M, L, B10 - Specialties Total $1,398.6011 - Equipment 67 11-31-13-23-5600 Refrigeration equipment, refrigerator, no frost, 10 to 12 C.F., maximum Ea. 1.0000 $564.50 $564.50RSM13FAC M, L, B 68 11-31-13-33-2960 Kitchen cleaning equipment, dishwasher, built-in, four or more cycles, average Ea. 1.0000 $671.00 $671.00RSM13FAC M, L, B 69 11-31-13-43-3350 Waste disposal equipment, garbage disposal, sink type, maximum Ea. 2.0000 $303.50 $607.00RSM13FAC M, L, B 70 11-47-10-10-5800 Commercial ice equipment, ice cube maker, 50 pounds per day Ea. 1.0000 $1,709.00 $1,709.00RSM13FAC M, L, B 71 11-52-16-10-2200 Movie equipment, pedestals, for projectors Ea. 1.0000 $1,475.00 $1,475.00RSM13FAC M, B11 - Equipment Total $5,026.5012 - Furnishings 72 12-32-23-15-0300 Manufactured wood casework frames, base cabinets, counter storage, 36" high,one bay, 36" wideEa. 34.0000 $374.00 $12,716.00RSM13FAC M, L, B 73 12-32-23-15-6600 Manufactured wood casework frames, wall mounted cabinet, 24" high, one bay,36" wideEa. 23.0000 $244.00 $5,612.00RSM13FAC M, L, BUppers 74 12-32-23-20-5650 Manufactured hardwood casework doors, hardwood, raised panel, 18" wide, 36"highEa. 44.0000 $106.00 $4,664.00RSM13FAC M, L, B 75 12-32-23-25-1200 Manufactured wood casework drawer fronts, solid hardwood front, 4" high, 18"wideEa. 34.0000 $29.00 $986.00RSM13FAC M, L, B 76 12-32-23-35-1040 Manufactured wood casework hardware, catches, maximum Ea. 115.0000 $11.69 $1,344.35RSM13FAC M, L, B 77 12-32-23-35-2240 Manufactured wood casework hardware, door or drawer pulls, handles, handlesand pulls, projecting, metal, maximumEa. 115.0000 $19.85 $2,282.75RSM13FAC M, L, B 78 12-32-23-35-3040 Manufactured wood casework hardware, drawer tracks and glides, maximum Pr. 34.0000 $38.95 $1,324.30RSM13FAC M, L, B 79 12-32-23-35-4040 Manufactured wood casework hardware, cabinet hinges, maximum Pr. 88.0000 $16.00 $1,408.00RSM13FAC M, L, B 80 12-36-23-13-0100 Plastic-laminate-clad countertops, stock, 24" wide, includes backsplash,maximumL.F. 160.0000 $48.35 $7,736.00RSM13FAC M, L, B207-47 = 160.00Page 7 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor12 - FurnishingsItemQuantityUnit CostDescription UM Total Book 81 12-36-23-30-1520-2960 Plastic laminate countertop components, postformed backsplash, add to above,maximum (Modified using 12-36-23-30-2960)L.F. 160.0000 $13.04 $2,086.40RSM13FAC M, L, B207-47 = 160.00 82 12-36-23-30-1540 Plastic laminate countertop components, edging, 24" wide, 1-1/2" thick, plasticlaminate, maximumL.F. 160.0000 $26.95 $4,312.00RSM13FAC M, L, B207-47 = 160.00 83 12-36-40-10-2800 Natural stone countertops, granite, average, 1-1/4" thick, 24" wide, excludingsplashL.F. 47.0000 $162.50 $7,637.50RSM13FAC M, L, B 84 12-59-13-10-1260 Furniture, office systems, panel hung, connectors, brackets and supports,bracket, worksurface kit, per pairEa. 10.0000 $18.85 $188.50RSM13FAC M, B12 - Furnishings Total $52,297.8021 - Fire Suppression 85 21-11-13-18-0920Pipe fittings, plastic, CPVC, fire suppression, (C-UL-S. FM, NFPA 13, 13D &13R), socket joint, adapter, sprinkler head, female with metal threaded insert, (Sx FNPT), 3/4" x 1/2"Ea. 20.0000 $13.85 $277.00RSM13FAC M, L, B 86 21-11-13-18-0920-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 20.0000 $0.86 $17.20RSM13FAC L, B 87 21-13-13-50-3720-4140 Labor adjustment factors, add to labor for working in existing occupied buildings,office building (Modified using 22-01-02-20-4140)Ea. 20.0000 $6.88 $137.60RSM13FAC L, B21 - Fire Suppression Total $431.8022 - Plumbing 88 22-05-05-10-0740 Plumbing demolition, hydrant, wall Ea. 1.0000 $17.15 $17.15RSM13FAC L, B 89 22-05-05-10-1320 Plumbing demolition, fixtures, including 10' piping, sink, double compartment Ea. 1.0000 $64.00 $64.00RSM13FAC L, B 90 22-05-05-10-1320-4140 Labor adjustment factors, add to labor for working in existing occupied buildings,office building (Modified using 22-01-02-20-4140)Ea. 1.0000 $16.00 $16.00RSM13FAC L, B 91 22-05-29-10-4720-4140 Labor adjustment factors, add to labor for working in existing occupied buildings,office building (Modified using 22-01-02-20-4140)Ea. 11.0000 $1.16 $12.76RSM13FAC L, B 92 22-05-76-20-5020 Cleanout tees, plastic, tees and adapters, excluding plugs, PVC, DWV, cleanouttee, 2" pipe sizeEa. 2.0000 $41.95 $83.90RSM13FAC M, L, B 93 22-07-19-10-4286 Piping insulation, price copper tube one size less than IPS, cellular glass, closedcell foam, all service jacket, sealant, working temperature (-450° F to +900° F), 0water vapor xmission, 1" wall, 1/2" iron pipe sizeL.F. 67.0000 $10.95 $733.65RSM13FAC Grn, M, L, BPage 8 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor22 - PlumbingItemQuantityUnit CostDescription UM Total Book 94 22-11-13-23-1140 Pipe and tube, copper, solder joints, type K tubing, couplings and clevis hangerassemblies, 10' O.C., 1/2" diameterL.F. 67.0000 $11.25 $753.75RSM13FAC M, L, B 95 22-11-13-23-1140-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)L.F. 67.0000 $0.57 $38.19RSM13FAC L, B 96 22-11-13-25-0100 Pipe and tube fittings, copper, wrought, solder joints, copper x copper, 90° elbow,1/2"Ea. 25.0000 $25.33 $633.25RSM13FAC M, L, B 97 22-11-13-25-0100-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 25.0000 $2.25 $56.25RSM13FAC L, B 98 22-11-13-44-3320 Pipe, steel, schedule 40, A-53 grade, flanged, 150 lb. weld neck, on yoke and rollhangers, sized for covering, 10' O.C., black, 2" diameterL.F. 200.0000 $33.57 $6,714.00RSM13FAC M, L, E, BPiping for Fire Protection 99 22-11-13-44-3320-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)L.F. 200.0000 $1.79 $358.00RSM13FAC L, B 100 22-11-13-44-3320-4140 Labor adjustment factors, add to labor for working in existing occupied buildings,office building (Modified using 22-01-02-20-4140)L.F. 200.0000 $4.46 $892.00RSM13FAC L, B 101 22-41-16-30-3200 Sinks, including faucets and drain, kitchen, counter top style, stainless steel, selfrimming, 33" x 22" double bowlEa. 1.0000 $1,112.00 $1,112.00RSM13FAC M, L, B22 - Plumbing Total $11,484.9023 - Heating, Ventilating, and Air-Conditioning (HVAC) 102 23-05-05-10-1610 HVAC demolition, ductwork, flex, prefabricated L.F. 739.5000 $1.54 $1,138.83RSM13FAC L, BCalculated removing 75% of the installed total986*.75 = 739.50 103 23-05-05-10-2170 HVAC demolition, flue shutter damper Ea. 50.0000 $96.00 $4,800.00RSM13FAC L, BRemoved From Existing 104 23-31-13-16-5420 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 6" diameter, 26 gaugeL.F. 49.0000 $4.70 $230.30RSM13FAC M, L, B29+20 = 49.00 105 23-31-13-16-5420-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 49.0000 $0.27 $13.23RSM13FAC L, B29+20 = 49.00 106 23-31-13-16-5430 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 8" diameter, 26 gaugeL.F. 448.0000 $6.45 $2,889.60RSM13FAC M, L, B211+237 = 448.00Page 9 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor23 - Heating, Ventilating, and Air-Conditioning (HVAC)ItemQuantityUnit CostDescription UM Total Book 107 23-31-13-16-5430-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 448.0000 $0.38 $170.24RSM13FAC L, B211+237 = 448.00 108 23-31-13-16-5440 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 10" diameter, 26 gaugeL.F. 167.0000 $8.06 $1,346.02RSM13FAC M, L, B73+94 = 167.00 109 23-31-13-16-5440-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 167.0000 $0.48 $80.16RSM13FAC L, B73+94 = 167.00 110 23-31-13-16-5450 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 12" diameter, 26 gaugeL.F. 207.0000 $10.30 $2,132.10RSM13FAC M, L, B94+113 = 207.00 111 23-31-13-16-5450-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 207.0000 $0.64 $132.48RSM13FAC L, B94+113 = 207.00 112 23-31-13-16-5460 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 14" diameter, 24 gaugeL.F. 80.0000 $14.15 $1,132.00RSM13FAC M, L, B15+65 = 80.00 113 23-31-13-16-5460-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 80.0000 $0.96 $76.80RSM13FAC L, B15+65 = 80.00 114 23-31-13-16-5480 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 16" diameter, 24 gaugeL.F. 27.0000 $18.85 $508.95RSM13FAC M, L, B 115 23-31-13-16-5480-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 27.0000 $1.28 $34.56RSM13FAC L, B 116 23-31-13-16-5490 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, straightlengths, maximum 10" static pressure water gauge, 18" diameter, 24 gaugeL.F. 8.0000 $22.15 $177.20RSM13FAC M, L, B 117 23-31-13-16-5490-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)L.F. 8.0000 $1.54 $12.32RSM13FAC L, B 118 23-31-13-16-5820 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, connector,6" diameterEa. 3.0000 $11.90 $35.70RSM13FAC M, L, BPage 10 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor23 - Heating, Ventilating, and Air-Conditioning (HVAC)ItemQuantityUnit CostDescription UM Total Book 119 23-31-13-16-5820-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 3.0000 $0.87 $2.61RSM13FAC L, B 120 23-31-13-16-5840 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, connector,8" diameterEa. 25.0000 $13.45 $336.25RSM13FAC M, L, B 121 23-31-13-16-5840-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 25.0000 $0.99 $24.75RSM13FAC L, B 122 23-31-13-16-5860 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, connector,10" diameterEa. 8.0000 $15.15 $121.20RSM13FAC M, L, B 123 23-31-13-16-5860-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 8.0000 $1.10 $8.80RSM13FAC L, B 124 23-31-13-16-5880 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, connector,12" diameterEa. 11.0000 $20.05 $220.55RSM13FAC M, L, B 125 23-31-13-16-5880-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 11.0000 $1.54 $16.94RSM13FAC L, B 126 23-31-13-16-6380 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 45°,12" diameterEa. 3.0000 $68.20 $204.60RSM13FAC M, L, B 127 23-31-13-16-6380-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 3.0000 $5.90 $17.70RSM13FAC L, B 128 23-31-13-16-6630 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,8" diameterEa. 11.0000 $33.15 $364.65RSM13FAC M, L, B 129 23-31-13-16-6630-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 11.0000 $2.75 $30.25RSM13FAC L, B 130 23-31-13-16-6640 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,10" diameterEa. 3.0000 $49.90 $149.70RSM13FAC M, L, B 131 23-31-13-16-6640-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 3.0000 $4.25 $12.75RSM13FAC L, B 132 23-31-13-16-6650 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,12" diameterEa. 7.0000 $68.25 $477.75RSM13FAC M, L, BPage 11 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor23 - Heating, Ventilating, and Air-Conditioning (HVAC)ItemQuantityUnit CostDescription UM Total Book 133 23-31-13-16-6650-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 7.0000 $5.90 $41.30RSM13FAC L, B 134 23-31-13-16-6660 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,14" diameterEa. 4.0000 $85.85 $343.40RSM13FAC M, L, B 135 23-31-13-16-6660-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 4.0000 $7.00 $28.00RSM13FAC L, B 136 23-31-13-16-6676 Round and flat-oval spiral ducts, spiral preformed, steel, galvanized, elbow, 90°,18" diameterEa. 1.0000 $110.00 $110.00RSM13FAC M, L, B 137 23-31-13-16-6676-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 1.0000 $8.00 $8.00RSM13FAC L, B 138 23-31-13-16-9060 Round and flat-oval spiral ducts, spiral preformed, steel, PVC coated both sides,reducing coupling, 8" x 6"Ea. 1.0000 $38.70 $38.70RSM13FAC M, L, B 139 23-31-13-16-9060-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 1.0000 $1.92 $1.92RSM13FAC L, B 140 23-31-13-16-9100 Round and flat-oval spiral ducts, spiral preformed, steel, PVC coated both sides,reducing coupling, 12" x 10"Ea. 3.0000 $55.50 $166.50RSM13FAC M, L, B 141 23-31-13-16-9100-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 3.0000 $3.20 $9.60RSM13FAC L, B 142 23-31-13-16-9140 Round and flat-oval spiral ducts, spiral preformed, steel, PVC coated both sides,reducing coupling, 16" x 14"Ea. 1.0000 $74.50 $74.50RSM13FAC M, L, B 143 23-31-13-16-9140-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 1.0000 $4.25 $4.25RSM13FAC L, B 144 23-31-13-16-9160 Round and flat-oval spiral ducts, spiral preformed, steel, PVC coated both sides,reducing coupling, 18" x 16"Ea. 1.0000 $87.00 $87.00RSM13FAC M, L, B 145 23-31-13-16-9160-1283 Round and flat-oval spiral ducts, add to labor for elevated installation, ofprefabricated purchased ductwork, 10' to 15' high (Modified using 23-31-13-16-1283)Ea. 1.0000 $4.80 $4.80RSM13FAC L, B 146 23-37-13-60-4350 Registers, air supply, spiral pipe supply register, aluminum, double deflection,with damper extractor, 6" x 18", for 8" thru 12" diameter ductEa. 53.0000 $114.00 $6,042.00RSM13FAC M, L, B 147 23-37-13-60-4350-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 53.0000 $2.35 $124.55RSM13FAC L, BPage 12 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor23 - Heating, Ventilating, and Air-Conditioning (HVAC)ItemQuantityUnit CostDescription UM Total Book 148 23-51-13-13-5550 Draft-induction fans, flue blade style damper for draft control, locking quadrantblade, 8" sizeEa. 53.0000 $501.00 $26,553.00RSM13FAC M, L, B 149 23-62-13-10-0050 Packaged air-cooled refrigerant condensing units, condensing unit, air cooled,compressor, standard controls, 1.5 tonEa. 1.0000 $1,575.00 $1,575.00RSM13FAC M, L, B 150 23-63-13-10-1590-1080 Labor adjustment factors, add to labor for elevated installation, above floor level,10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 1.0000 $21.50 $21.50RSM13FAC L, B23 - Heating, Ventilating, and Air-Conditioning (HVAC) Total $52,133.0126 - Electrical 151 26-05-05-10-0200 Electrical demolition, conduit to 15' high, including fittings and hangers, electricmetallic tubing (EMT), 1/2" to 1"L.F. 3,015.0000 $1.64 $4,944.60RSM13FAC L, O&PRemove conduit at walls and ceiling as required(15+3000) = 3,015.00 152 26-05-05-10-1740 Electrical demolition, pull boxes and cabinets, handy box Ea. 40.0000 $6.05 $242.00RSM13FAC L, O&PRemove boxes at FA strobe and pull 153 26-05-05-10-1780 Electrical demolition, pull boxes and cabinets, receptacle and switch plates Ea. 47.0000 $1.63 $76.61RSM13FAC L, BSwitches and Outlets16+31 = 47.00 154 26-05-05-10-1830Electrical demolition, wire, THW-THWN-THHN, removed from in place conduit, to15' high, #14C.L.F. 0.3000 $9.95 $2.99RSM13FAC L, O&PRemove FA strobe and pull wiring(2*15)/100 = 0.30 155 26-05-05-10-1840Electrical demolition, wire, THW-THWN-THHN, removed from in place conduit, to15' high, #12C.L.F. 90.4500 $7.60 $687.42RSM13FAC L, B3015*3/100 = 90.45 156 26-05-05-10-2420-9930 Electrical demolition, add to labor for higher elevated installation, 25' to 30' high,add (Modified using 26-05-05-10-9930)Ea. 1.0000 $6.00 $6.00RSM13FAC L, B 157 26-05-05-20-3300 Electrical demolition, wiring methods, data system, cable with connection Ea. 20.0000 $8.40 $168.00RSM13FAC L, B 158 26-05-19-90-0050 Wire, 600 volt, copper type THW, stranded, #14 C.L.F. 8.8800 $41.80 $371.18RSM13FAC M, L, BFire alarm wire296/100*3 = 8.88 159 26-05-19-90-0100 Wire, 600 volt, copper type THW, stranded, #12 C.L.F. 86.7900 $52.25 $4,534.78RSM13FAC M, L, BLF x 3 for wire2893/100*3 = 86.79 160 26-05-19-90-0120 Wire, 600 volt, copper type THW, stranded, #10 C.L.F. 13.3800 $64.50 $863.01RSM13FAC M, L, BPage 13 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor26 - ElectricalItemQuantityUnit CostDescription UM Total BookLF x 3446/100*3 = 13.38 161 26-05-19-90-1300 Wire, 600 volt, copper type THWN-THHN, stranded, #8 C.L.F. 1.6200 $89.50 $144.99RSM13FAC M, L, B54/100*3 = 1.62 162 26-05-29-20-4700 Hangers, channels, junction box, 2 channel Ea. 8.0000 $84.00 $672.00RSM13FAC M, L, BElec and data combined2+6 = 8.00 163 26-05-33-13-2731 Conduit, to 15' high, steel, intermediate conduit (IMC), field bends, 45° to 90°,1/2" diameterEa. 100.0000 $9.55 $955.00RSM13FAC L, B 164 26-05-33-13-2732 Conduit, to 15' high, steel, intermediate conduit (IMC), field bends, 45° to 90°,3/4" diameterEa. 75.0000 $10.50 $787.50RSM13FAC L, B 165 26-05-33-13-5000 Conduit, to 15' high, includes 2 terminations, 2 elbows, 11 beam clamps, and 11couplings per 100 L.F., electric metallic tubing (EMT), 1/2" diameterL.F. 296.0000 $3.09 $914.64RSM13FAC M, L, B 166 26-05-33-13-5000-9910 Conduit, to 15' high, add to labor for higher elevated installation, 15' to 20' high,add (Modified using 26-05-33-13-9910)L.F. 296.0000 $0.25 $74.00RSM13FAC L, B 167 26-05-33-13-5020 Conduit, to 15' high, includes 2 terminations, 2 elbows, 11 beam clamps, and 11couplings per 100 L.F., electric metallic tubing (EMT), 3/4" diameterL.F. 2,893.0000 $4.18 $12,092.74RSM13FAC M, L, B 168 26-05-33-13-5020-9910 Conduit, to 15' high, add to labor for higher elevated installation, 15' to 20' high,add (Modified using 26-05-33-13-9910)L.F. 2,893.0000 $0.32 $925.76RSM13FAC L, B 169 26-05-33-13-5040 Conduit, to 15' high, includes 2 terminations, 2 elbows, 11 beam clamps, and 11couplings per 100 L.F., electric metallic tubing (EMT), 1" diameterL.F. 446.0000 $5.34 $2,381.64RSM13FAC M, L, B 170 26-05-33-13-5040-9910 Conduit, to 15' high, add to labor for higher elevated installation, 15' to 20' high,add (Modified using 26-05-33-13-9910)L.F. 446.0000 $0.37 $165.02RSM13FAC L, B 171 26-05-33-13-5100 Conduit, to 15' high, includes 2 terminations, 2 elbows, 11 beam clamps, and 11couplings per 100 L.F., electric metallic tubing (EMT), 2" diameterL.F. 272.0000 $9.94 $2,703.68RSM13FAC M, L, BConduit for Cat6 and #8's218+54 = 272.00 172 26-05-33-13-5100-9910 Conduit, to 15' high, add to labor for higher elevated installation, 15' to 20' high,add (Modified using 26-05-33-13-9910)L.F. 54.0000 $0.53 $28.62RSM13FAC L, B 173 26-05-43-20-0600 Underfloor duct, duct, 1-3/8" x 7-1/4", super duct L.F. 30.0000 $40.90 $1,227.00RSM13FAC M, L, BConf. Room 174 26-05-43-20-1000 Underfloor duct, junction box, single duct, 1 level, 7-1/4" Ea. 2.0000 $645.00 $1,290.00RSM13FAC M, L, BConf Room 175 26-05-90-10-2280 Residential wiring, switch devices, including box and cover plate, 20' averageruns, single pole, 20 amp, #12/2, EMT and wireEa. 15.0000 $130.00 $1,950.00RSM13FAC M, L, BPage 14 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd Floor26 - ElectricalItemQuantityUnit CostDescription UM Total Book 176 26-05-90-10-2380 Residential wiring, switch devices, including box and cover plate, 20' averageruns, single pole, 3-way rotary dimmer, #14/2, EMT and wireEa. 6.0000 $144.00 $864.00RSM13FAC M, L, B 177 26-05-90-10-4100-4500 Residential wiring, weather-proof cover for above receptacles, add (Modifiedusing 26-05-90-10-4500)Ea. 1.0000 $17.89 $17.89RSM13FAC M, L, BExterior Roof Outlet 178 26-05-90-10-4130 Residential wiring, receptacle devices, including box and cover plate, 20' averageruns, duplex outlet, 20 amp receptacle, #12/2, EMT and wireEa. 76.0000 $133.50 $10,146.00RSM13FAC M, L, BDuplex, floor, GFI,57+5+14 = 76.00 179 26-05-90-10-8090 Residential wiring, residential equipment, disposal hook-up, including switch,outlet box, 3' of flex, 20 amp 1 pole circuit breaker, and 25' of #12/2, EMT andwireEa. 2.0000 $141.50 $283.00RSM13FAC M, L, B 180 26-05-90-10-9150 Residential wiring, heating and or air conditioning, air conditioner hook-up,including local 60 amp disconnect switch, 3' sealtite, 40 amp, 2 pole circuitbreaker, 40' of #8/2, EMT and wireEa. 1.0000 $562.00 $562.00RSM13FAC M, L, B 181 26-09-23-10-0100 Energy saving lighting devices, occupancy sensors, passive infrared ceilingmountedEa. 11.0000 $172.00 $1,892.00RSM13FAC Grn, M, L, B 182 26-09-23-10-0150 Energy saving lighting devices, automatic wall switches Ea. 5.0000 $83.95 $419.75RSM13FAC Grn, M, L, B 183 26-24-16-30-2250 Panelboards commercial applications, NQOD panel, with 20 amp, 1 pole, circuitbreakers, 4 wire, 120/208 volt with main circuit breaker, 225 amp main, 42circuitsEa. 1.0000 $3,875.00 $3,875.00RSM13FAC M, L, B 184 26-27-26-20-2482 Wiring devices elements, receptacle, duplex, ground fault interrupting, 20 amp Ea. 14.0000 $55.05 $770.70RSM13FAC M, L, B 185 26-27-26-20-2542 Wiring devices elements, receptacle, isolated ground receptacle, quad, 20 amp Ea. 19.0000 $64.50 $1,225.50RSM13FAC M, L, B 186 26-51-13-40-1820 Interior HID fixtures, including lamps, and mounting hardware, metal halide,pendent, round, 250 wattEa. 1.0000 $1,035.00 $1,035.00RSM13FAC M, L, BMain Lobby Fixture Pendant 187 26-51-13-50-0300 Interior lighting fixtures, including lamps, mounting hardware and connections,fluorescent, cool white lamps, troffer, recess mounted in grid, rapid start, acryliclens, 2' wide x 2' long, two U40 wattEa. 1.0000 $124.00 $124.00RSM13FAC M, L, B 188 26-51-13-50-3535 Interior lighting fixtures, including lamps, mounting hardware and connections,fluorescent, downlight, recess mountedEa. 6.0000 $197.50 $1,185.00RSM13FAC Grn, M, L, B 189 26-53-13-10-0100 Exit lighting fixtures, exit light ceiling or wall mount, incandescent, double face Ea. 6.0000 $101.00 $606.00RSM13FAC M, L, B26 - Electrical Total $61,215.02Page 15 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorItemQuantityUnit CostDescription UM Total Book27 - Communications 190 27-15-13-13-7242 Communication cables, high performance unshielded twisted pair (UTP), cable,category 6, #24, 4 pair solid, plenumC.L.F. 2.1800 $84.00 $183.12RSM13FAC M, L, B218/100 = 2.18 191 27-15-43-13-0120 Communication outlets, excluding voice or data devices, voice or data outlets,single openingEa. 30.0000 $16.60 $498.00RSM13FAC M, L, B27 - Communications Total $681.1228 - Electronic Safety and Security 192 28-31-23-50-5610 Alarm panels and devices, excluding wires and conduit, fire, strobe and horn(ADA type)Ea. 13.0000 $228.00 $2,964.00RSM13FAC M, L, B 193 28-31-46-50-5200 Smoke detectors, excluding wires and conduit, smoke detector, ceiling type Ea. 20.0000 $175.50 $3,510.00RSM13FAC M, L, B 194 28-31-46-50-5400Smoke detectors, excluding wires and conduit, smoke detector, duct type Ea. 5.0000 $451.00 $2,255.00RSM13FAC M, L, B28 - Electronic Safety and Security Total $8,729.00Alternates 195 08-12-13-13-0100 R&R - Standard hollow metal frames, steel, knock down, 16 gauge, up to 5-3/4"jamb depth, 7'-0" high, 3'-0" wide, singleEa. 11.0000 $67.50 $742.50CUSTOM L, BLabor Adjustment: 150% of $45.00 = $67.50------------------------------Using Bare Cost PricingBare Costs: (M:$149.00 L:$45.00 E: O:16.00 LH:1.000) 196 09-51-23-10-1150 R&R - Suspended acoustic ceiling tiles, excluding suspension system, mineralfiber tile, lay-in, 2' x 2' or 2' x 4', 5/8" thick, tegular, fine texturedS.F. 4,935.0000 $1.88 $9,277.80CUSTOM L, O&PRemove and reinstall ACT for above ceiling workLabor Adjustment: 150% of $1.25 = $1.88------------------------------Using O&amp;P PricingBare Costs: (M:$1.58 L:$0.76 E: O:470.00 LH:0.017)O&amp;P Labor Calc = O&amp;P Total - (Bare Material + 10.000%) - (Bare Equipment + 10.000%)$2.99 - $1.74 - $0.00 = $1.25Labor w/CCI = $1.25 * 100.000% = $1.25 197 11-31-13-33-2750 R&R - Kitchen cleaning equipment, dishwasher, built-in, two cycles, minimum Ea. 1.0000 $324.00 $324.00CUSTOM L, BLabor Adjustment: 150% of $216.00 = $324.00------------------------------Using Bare Cost PricingBare Costs: (M:$227.00 L:$216.00 E: O:4.00 LH:4.000)Page 16 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorAlternatesItemQuantityUnit CostDescription UM Total Book 198 23-37-13-60-4350R&R - Registers, air supply, spiral pipe supply register, aluminum, doubledeflection, with damper extractor, 6" x 18", for 8" thru 12" diameter ductEa. 50.0000 $35.25 $1,762.50CUSTOM L, BLabor Adjustment: 150% of $23.50 = $35.25------------------------------Using Bare Cost PricingBare Costs: (M:$90.50 L:$23.50 E: O:18.00 LH:0.444) 199 23-37-13-60-4350-1080 R&R - Labor adjustment factors, add to labor for elevated installation, above floorlevel, 10' to 14.5' high (Modified using 22-01-02-20-1080)Ea. 50.0000 $3.53 $176.50CUSTOM L, BLabor Adjustment: 150% of $2.35 = $3.53------------------------------Using Bare Cost PricingBare Costs: (M: L:$2.35 E: O: LH:) 200 26-51-13-50-1500 R&R - Interior lighting fixtures, including lamps, mounting hardware andconnections, fluorescent, surface mounted, rapid start, acrylic lens with hingedand latched door frame, 2' wide x 4' long, four 40 wattEa. 30.0000 $118.50 $3,555.00CUSTOM L, BLabor Adjustment: 150% of $79.00 = $118.50------------------------------Using Bare Cost PricingBare Costs: (M:$80.50 L:$79.00 E: O:5.30 LH:1.509) 201 28-31-23-50-5600 R&R - Alarm panels and devices, excluding wires and conduit, fire, strobe andhornEa. 1.0000 $183.15 $183.15CUSTOM L, O&PRemove and reinstall FA strobe at new exterior door openingLabor Adjustment: 150% of $122.10 = $183.15------------------------------Using O&amp;P PricingBare Costs: (M:$149.00 L:$79.00 E: O:5.30 LH:1.509)O&amp;P Labor Calc = O&amp;P Total - (Bare Material + 10.000%) - (Bare Equipment + 10.000%)$286.00 - $163.90 - $0.00 = $122.10Labor w/CCI = $122.10 * 100.000% = $122.10 202 28-31-23-50-7000 R&R - Alarm panels and devices, excluding wires and conduit, fire, break glassstationEa. 1.0000 $121.58 $121.58CUSTOM L, O&PRemove and reinstall FA pull at new exterior door opening; no LI for pull, use in lieu of...Labor Adjustment: 150% of $81.05 = $121.58------------------------------Using O&amp;P PricingBare Costs: (M:$54.50 L:$52.50 E: O:8.00 LH:1.000)O&amp;P Labor Calc = O&amp;P Total - (Bare Material + 10.000%) - (Bare Equipment + 10.000%)$141.00 - $59.95 - $0.00 = $81.05Labor w/CCI = $81.05 * 100.000% = $81.05Alternates Total $16,143.03Page 17 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Final EstimateEstimator:City of Coppell 265 Parkway 2nd FloorAlternatesItemQuantityUnit CostDescription UM Total BookEstimate Grand Total 349,337.02Page 18 of 18 City of Coppell 265 Parkway 2nd Floor - COR0002Printed 31 JUL 2013 3:35PM v2.617 Second Floor Improvements, Lot 1r Blk A Primrose School of Coppell (Town Center Business Park) 265 Parkway Blvd, Coppell, Tx Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2012.dwg \PARKWAY 265 2nd Fl Created on: 21 June 2013 by Scott Latta 1/2 1 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1220 File ID: Type: Status: 2013-1220 Agenda Item Passed 1Version: Reference: In Control: Human Resources 08/05/2013File Created: 08/13/2013Final Action: Marathon Health, Inc.File Name: Title: Consider approval of a Health Services Agreement between the City of Coppell and Marathon Health, Inc. for operation of a joint Employee Health Clinic in the amount of $216,250.00 and authorizing the City Manager to sign all necessary documents. Notes: Agenda Date: 08/13/2013 Agenda Number: 14. Sponsors: Enactment Date: Memorandum 08132013.pdf, Health Services Agreement 08132013.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 PassApproved08/13/2013City Council Presentation: Vivyon Bowman, Director of Human Resources, made a presentation to Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1220 Title Consider approval of a Health Services Agreement between the City of Coppell and Marathon Health, Inc. for operation of a joint Employee Health Clinic in the amount of $216,250.00 and authorizing the City Manager to sign all necessary documents. Page 1City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1220 Page 1City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To:Mayor and City Council From:Vivyon V. Bowman,Director of Administration and Human Resources Date:August 13, 2013 Reference:Approval of Joint Employee Clinic Agreement 2030:Top Quality City Workforce Introduction: City staff has looked at various ways to improve employee health as well as impact the dollars spent on employee healthcare. We had previously pursued the opportunity to join with neighboring cities in the opening of a multi-city health clinic for employee care designed to control costs associated with general practitioner claims and referrals to specialists while seeking additional avenues to improve our employee wellness outcomes. The opportunity presented itself again through an effort coordinated by Public Employees Benefits Alliance (PEBA). PEBA is a group established with the assistance of Texas Municipal League Intergovernmental Employees Benefits Pool (TMLIEBP)to seek benefits related contracts through the group purchasing power of member cities. PEBA selected Marathon Health, Inc.as their clinic vendor of choice through the Request for Proposal (RFP) process. Several cities attended a presentation hosted by the City of Carrollton and PEBA to gain information on Marathon’s clinic model. Currently, the City of Carrollton has terminated their relationship with their existing clinic vendor and contracted with Marathon Health. City Staff is seeking to enter into joint Employee Clinic with the City of Lewisville and TMLIEBP organizations that are in the immediate area. Analysis: The City of Lewisville reached out to several neighboring cities and other agencies in an effort to form a partnership for clinic participation. At this time, the City of Lewisville has received City Council approval of their agreement with Marathon Health on August 5, 2013 contingent Coppell 2 Mayor and Council approval of the attached agreement with Marathon Inc.. In addition, the Texas Municipal League’s Intergovernmental Employee Benefit Pool has agreed to the proposed joint Lewisville/Coppell clinic and the City of Carrollton’s clinic for their fully insured clients in the area, which includes Lake Cities MUA, DENCO 911, Denton County Transit Authority and City of The Colony. The revenue generated by adding those lives will be split 50/50 with Carrollton. Next year, the participation of those TML fully insured lives will be evaluated and the cost share will be based on their utilization. All participating cities and public organizations listed above will have access to the joint clinic as well as the Carrollton clinic. As other cities across the regional agree to participate and establish other clinic sites, the goal would be to create a network of clinics that would be accessible to our employees, their dependents and retirees on the City’s medical plan. At the present time, the City of Highland Village is also considering participating in the joint clinic, which would further reduce the City’s cost to participate. The primary rationale for City Staff interest in Marathon Health’s clinic concept is to augment our existing wellness strategy. Marathon will use the biometric data (blood work) gathered through the City’s wellness program to assess the medical needs of all our covered employees. Any time a covered employee visits the clinic for any purpose, the clinical staff will take the opportunity to not only treat the acute illness that brought the employee into the clinic, but also provide one on one lifestyle management for chronic health conditions such as heart disease, asthma, chronic obstructive pulmonary disease (COPD), depression, diabetes, high blood pressure, low back pain, allergies, smoking cessation, obesity and stress management. If the clinic is able to help employees manage and reduce these types of chronic conditions, the result should be future savings to the City’s medical plan. A secondary reason for participating in a clinic would be to provide an opportunity for our covered employees to establish a medical home. Many employees especially our younger employee population normally visit the nearest urgent care center or the emergency room for their medical treatment which can cost more for the employee and the city’s medical plan. Having a clinic available at no cost, easily accessible and the opportunity to schedule appointments online will hopefully encourage them to seek treatment on a regular basis with a clinician that will be familiar with their ongoing healthcare needs. In addition to the savings mentioned above, the clinic will generate other savings to the health plan. Many employees seek care from specialists that could be handled by the clinic staff. The clinic staff will be able to help the employee determine, if care by a specialists is warranted, thus also eliminating some unnecessary specialist visits. Under the proposed agreement, Marathon would staff the clinic with a full time mid-level practitioner, and half time medical doctor and a full time medical assistant. The clinic would be operational 40 hours a week and would open in January. Since both the proposed joint clinic and the Carrollton clinic are accessible for use, it is intent to coordinate the office hours of the joint clinic with those of the Carrollton clinic to maximize the hours that the clinic is available for employees, retirees and covered dependents healthcare appointments. 3 The City of Lewisville has found a space for lease that would be sufficient for the clinic located at 860 Hebron Parkway in Lewisville. This location is convenient for both Lewisville and Coppell employees. The City of Lewisville and the City of Coppell will enter into a Memorandum of Understanding regarding the on-going expenses of the clinic such as monthly lease payments, utilities, janitorial services, etc. The calculation will be based on the number of employees of each city. Based on this calculation, the City of Lewisville will be responsible for 68% of the cost (approximately $23,664 annually) and the City of Coppell will be responsible for 32% of the cost (approximately $11,136 annually). Legal Review: The attached agreement was reviewed by David Dodd on 07/29/13 and all recommended changes were made. Fiscal Impact: The annual cost to the City of Coppell for the clinic is $216,250.00. The cost of the clinic will be offset in part by claim dollars that are currently being paid to primary care physicians through the City of Coppell health plan and by reallocating other plan expenses such as including existing wellness program expenses. The cost is broken up into two components the annual contract fee of 192,617.00 and a there is a one-time implementation fee of $23,633.00. The implementation fee covers the cost of initial recruitment and training of staff, the acquisition of equipment, initial supplies, technology user setup, initial rollout communications to participants, a participant eligibility file interface, health center signage and décor and travel costs for up to three onsite visits by the project manager. Marathon Health will retain ownership of the equipment and will be responsible for their maintenance and replacement. Recommendation: City Staff is recommending approval of the Health Services Agreement with Marathon Health Inc. by the Mayor and City Council for a joint employee health clinic and authorizes the City Manager to execute all required Marathon Health, Inc. Confidential 1 HEALTH SERVICES AGREEMENT between City of Coppell and Marathon Health, Inc. THIS HEALTH SERVICES AGREEMENT (this “Agreement”) is made and entered into to be effective as of August 13, 2013 (the “Effective Date”) by and between City of Coppell (“Client”), with principal offices at 255 Parkway Boulevard., Coppell, TX 75019, and Marathon Health, Inc. (“Marathon”), a Delaware Corporation with principal offices at Champlain Mill, 20 Winooski Falls Way, Suite 400, Winooski, VT 05404. Client and Marathon may each be referred to in this Agreement as a “Party” and, collectively, as the “Parties”. WITNESSETH WHEREAS, as part of its overall healthcare program, Client desires to furnish to its employees certain preventive, wellness, disease management, health consultation, occupational health and/or primary care services; WHEREAS, Client desires to retain Marathon to furnish such preventive, wellness, disease management, health consultation, occupational health and/or primary care services; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement together with all exhibits, and for other good and valuable consideration, the receipt of which is hereby acknowledged, Client and Marathon hereby agree as follows: Article I Definitions 1.1 “Care Provider” means a staff member or independent contractor of Marathon who provides care or consultation services directly to Participants. 1.2 “Collaborating Physician” means an appropriately licensed physician who has a collaborative relationship with a nurse practitioner or physician’s assistant as required under the laws of the state in which such nurse practitioner or physician’s assistant is providing services. 1.3 “Participant” means an individual, age 6 years or more, eligible to participate in the Marathon Services as determined by the eligibility criteria of Client’s health plan or as otherwise determined by Client. Marathon Health, Inc. Confidential 2 Article II Services; Relationship Between the Parties 2.1 Services. Marathon will provide Client with the services described and set forth in Schedule A (the “Marathon Services”).Services that do not clearly fall within the description set forth on Schedule A shall be outside the scope of this Agreement, and Client shall instruct Participants to seek outside assistance for such matters with an alternate healthcare provider. Marathon may provide some of the Marathon Services by engaging the services of third party contractors, particularly for professional services. 2.2 Implementation Timeline. Marathon and Client mutually agree to modify Marathon’s standard implementation timeline as needed to allow Marathon to commence the Marathon Services on the Commencement Date of the Initial Term of this Agreement. 2.3 Independent Contractors. Marathon, and each of the third party contractors delivering services hereunder, is an independent contractor with respect to the services provided under this Agreement and is not the agent or employee of Client. Notwithstanding any authority granted to Client herein, Marathon and/or any Care Provider or Collaborating Physician shall retain the authority to direct or control his, her or its medical decisions, acts or judgments. 2.4 Employee Benefit Plans. The programs and services provided under this Agreement are not designed or intended to be provided under any Client employee benefit plan or program. Accordingly, neither Marathon, nor any of the third party contractors it may engage, is a fiduciary, trustee, or sponsor with respect to these programs or services. In the event the programs and services become part of a Client employee benefit plan or program, Marathon, and each of the third party contractors it may engage, shall be considered to be acting only as a consultant to Client with respect to such matters and shall not be considered in a fiduciary, trustee or sponsor relationship in such plan. Article III Contract Period 3.1 Term. The “Initial Term” of this Agreement shall begin on the Effective Date, and shall continue with the Marathon Services for a period of three (3) years, commencing on December 11, 2013 (the “Commencement Date”), unless terminated earlier as provided for in Article VIII, below. 3.2 Renewal Terms. This Agreement shall automatically renew for three (3) consecutive additional terms of one (1) year (each a “Renewal Term” and together, the “Renewal Terms”), unless either Party terminates this Agreement by giving written notice not less than three (3) months prior to the expiration of the then current term. Such Renewal Term(s) shall be subject to the termination provisions set forth in Article VIII below. Failure to provide timely written notice shall act as a Party’s intent to automatically renew the Agreement at the end of the then current term. The Parties agree that they shall Marathon Health, Inc. Confidential 3 begin good faith negotiations regarding any material changes to the terms of this Agreement no later than six (6) months prior to the end of the then current term. Article IV Payment Terms; Pricing 4.1 Fees. Marathon will submit invoices to Client for the fees as set forth in Schedule B. With the exception of reimbursement of reasonable expenses as otherwise provided in this Agreement, such fees shall be the only compensation to Marathon under this Agreement. Fees for any Renewal Period shall automatically increase by 5% over the previous period, unless material changes are otherwise agreed to by the Parties in accordance with Section 3.2. Payment is due for all undisputed charges within thirty (30) days of receipt of an invoice. The maximum interest allowed by Section 2251.025 of the Texas Government Code will be charged for payments on undisputed charges not received when due. 4.2 Failure to Pay. Failure to pay an invoice when due shall constitute a breach of this Agreement and Marathon reserves the right to terminate this Agreement or suspend services upon a breach by Client that continues more than thirty (30) days after the invoice due date. Marathon reserves the right to refrain from providing services to Client, if full payment is not made when due for undisputed charges, until such time as payment in full has been made. In the event that Marathon continues to provide services during a period of time when Client is in breach, such continuance of services will not operate as a waiver of Marathon’s right and ability to utilize any and all remedies available to Marathon under applicable laws. 4.3 Tax Obligations. All fees for services purchased or licensed in this Agreement, unless otherwise noted, are exclusive of applicable taxes. Client is exempt from sales or use tax liability and therefore shall not pay all applicable sales, use or service taxes imposed by any state or local tax authority on the services or payments provided hereunder which Marathon may be required to pay or collect. To the extent Marathon has not collected and remitted any applicable tax for Client in reliance upon an erroneous representation of Client as to its tax status, Client shall pay said taxes including any interest and penalties imposed by any taxing authorities. If a certificate of exemption or similar document or proceeding is necessary in order to exempt the sale from sales or use tax liability, Client shall obtain and produce such certificate, document or proceeding, at its sole expense. Article V Duties of Marathon 5.1 Equipment and Supplies. At its sole cost and expense, Marathon shall provide or arrange for the provision of such equipment, supplies, professional services and such other support services necessary for the performance of its obligations under this Agreement. Marathon shall retain ownership of and/or control over the equipment and/or supplies provided under this Agreement. Marathon Health, Inc. Confidential 4 5.2 Qualified Care Providers. Marathon shall employ or engage qualified and appropriately licensed or certified (if applicable) Care Providers to provide the services that Marathon is obligated to provide under this Agreement. It shall be Marathon’s responsibility to select, contract with and manage any third party contractors, all in accordance with the terms of this Agreement. Such third party contractors may include an affiliated professional corporation to provide the acute and other health care services, for which it will be paid fair market value by Marathon, and may include other contractors, such as those for biometric screenings. Marathon shall retain responsibility for any such delegated and/or subcontracted services and shall monitor performance of such services on an ongoing basis to ensure the compliance with all applicable obligations under this Agreement. 5.3 Independent Contractor. Marathon shall at all times remain an independent contractor. Nothing contained herein shall be construed to create an agency, joint venture, or joint enterprise relationship between the Parties. Marathon and its personnel and contractors are not Client’s personnel or agents, and Marathon assumes full responsibility for their actions. Marathon shall comply with all laws governing the services being performed under this Agreement. Marathon, at its sole expense, shall obtain any and all licenses and permits required for the services performed by its personnel and Contractors, including but not limited to any and all visas, work permits, etc. required by applicable law. Marathon shall be solely responsible for the payment of compensation of Marathon personnel and contractors performing services hereunder, and Marathon’s personnel and contractors are not entitled to the provision of any Client employee benefits. Client shall not be responsible for payment of worker's compensation, disability or other similar benefits, unemployment or other similar insurance or for withholding income or other similar taxes or social security for any Marathon personnel and contractors, but such responsibility shall solely be that of Marathon. 5.4 Performance of Client Obligations. Marathon shall not be responsible for any delay or lack of performance of the Marathon Services due to the failure of Client or a Participant to provide information necessary to fulfill its obligations as required under this Agreement. 5.5 Compliance with Law. Marathon shall not direct or encourage Client to act or refrain from acting in any way which, to its knowledge, would violate any applicable law or regulation. Marathon shall not act in any way which, to its knowledge, could implicate or involve Client in a violation of any such law or regulation. Article VI Duties of Client 6.1 Provision of Location. CLIENT SHALL, AT ITS SOLE COST AND EXPENSE, PROVIDE OR ARRANGE FOR THE PROVISION OF SUCH SPACE NEEDED BY MARATHON FOR THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS Marathon Health, Inc. Confidential 5 AGREEMENT, INCLUDING FIT-UP OF THE SPACE WITH BASIC INFRASTRUCTURE CONSISTENT WITH MARATHON’S SPECIFICATIONS, INCLUDING BUT NOT LIMITED TO, TELEPHONE SERVICE, UTILITIES AND UNRESTRICTED INTERNET CONNECTIONS. CLIENT IS RESPONSIBLE FOR ROUTINE CLEANING OF THE HEALTH CENTER SPACE, INCLUDING VACUUMING, TRASH REMOVAL AND BATHROOM CLEANING, IF APPLICABLE, ON A DAILY BASIS. 6.2 Internet Connections. Client will provide dedicated, unrestricted, business class DSL or business class cable services. Ethernet handoff to be implemented into a Marathon owned and operated firewall/router. Client is responsible for premise wiring to facilitate connectivity from the Marathon firewall to the desktops. Two jacks are required for each employee station. Location of jacks is dependent upon build out of facilities. Minimum requirements include bandwidth requirements of 5 mbps connection (up/down), and 5 publicly addressable IP addresses. 6.3 Publicity and Promotion. Client will publicize and provide descriptive information, including those standard marketing materials provided by Marathon as described in Schedule A2, about the Marathon Services to all of its employees who may seek services at the location or locations agreed upon by the Parties. Client will provide Marathon with copies of other documents and materials prepared independently by Client describing, publicizing, or significantly affecting the Marathon Services prior to the distribution of such materials. Marathon shall review and comment on such materials within a reasonable time after receipt. Client shall use reasonable efforts to seek Marathon’s input prior to publicizing and providing such information to its employees, which input shall not be unreasonably delayed. 6.4 Eligibility Files. Client will provide to Marathon on a weekly basis, or other mutually agreed-upon frequency, a Participant eligibility file, which is necessary to enable Marathon to provide the Marathon Services. The Participant eligibility file will contain the entire population of Participants and will adhere to Marathon’s file specifications. 6.5 Medical Claims Data. To assist in the identification and treatment of Participants with chronic conditions such as diabetes, asthma, heart disease, pulmonary disease and hypertension, Client agrees to make reasonable effort to provide Marathon, through its carrier, third party administrator, or third party vendor for claims data mining, with access to medical claims data for the Participants enrolled in Client’s health plan(s), for the 12 months prior to the initiation of onsite services, and minimally at twelve month intervals thereafter through the term of the contract. Marathon will provide Client with the file format defining the specifications for the data. 6.6 Availability of Resources. Client agrees to allow Marathon to utilize any internal resources of Client and to assist Marathon in such utilization, including, but not limited to, training, marketing tools and resources, and technical support necessary to maintain the requirements outlined in Section 6.1, as mutually agreed upon by the Parties, in order to enhance the effectiveness and utilization of the Marathon Services. Client will identify a Marathon Health, Inc. Confidential 6 single primary point of contact for implementation project management and ongoing account management. 6.7 Compliance with Law. Client shall not direct or encourage Marathon to act or refrain from acting in any way which, to its knowledge, would violate any applicable law or regulation. Client shall not act in any way which, to its knowledge, could implicate or involve Marathon in a violation of any such law or regulation. Article VII Reports 7.1 Marathon Health Reports. Marathon will provide to Client the reports described in Schedule A. 7.2 Client Reports. Client will provide to Marathon the reports described in Section 6.4. Article VIII Events of Default, Remedies and Termination 8.1 Events of Default. Any one or more of the following shall constitute an event of default under this Agreement (each to be an “Event of Default”): (a)Any failure by Client to pay Marathon in accordance with Article IV of this Agreement; (b)Any material failure by either Party to promptly and fully perform its obligations or comply with the terms of this Agreement, and, provided that such default is not a willful violation of applicable law or a threat to Participant health and safety, (which failures must be remedied immediately), the defaulting Party shall have sixty (60) days to remedy such default after written notice of such default by the aggrieved Party to the defaulting Party specifying in detail the nature of the default, and provided further that the defaulting Party shall have up to ninety (90) days to cure such default if it has commenced to cure such breach within thirty (30) days of receipt of such notice and is continuing to diligently pursue a cure of such breach; and (c)A Party appoints a custodian, liquidator, trustee or receiver or a material portion of its assets become subject to custodian, liquidator, trustee or receiver; or if a party files a voluntary petition in U.S. bankruptcy court; or a Party is generally not paying its debts as they become due or makes an assignment for the benefit of creditors; or bankruptcy, reorganization, or insolvency proceedings or other proceedings for relief under any bankruptcy or similar law or laws for relief of debtors are instituted by or against a Party and are not dismissed within sixty (60) days. Marathon Health, Inc. Confidential 7 8.2 Remedies. (a)Subject to the terms and conditions of this Agreement, upon an Event of Default by Client, Marathon may, at its option, (i) suspend further Marathon Services under this Agreement, (ii) pursue any and all remedies that may be available at law or in equity, and/or (iii) terminate this Agreement. (b)Subject to the terms and conditions of this Agreement, upon an Event of Default by Marathon, Client may, at its option, (i) suspend further payments to Marathon which are specifically associated with such default, (ii) pursue any and all remedies that may be available at law or in equity, and/or (iii) terminate this Agreement. 8.3 Termination Events. (a)This Agreement may be terminated by either Party upon the occurrence of an Event of Default by the other Party. (b)This Agreement may be terminated by either Party upon giving the other Party 90 day written notice within 90 days of any annual anniversary of contract Commencement Date. (c)Failure to Fund. Marathon agrees that, should the City of Coppell fail to appropriate sufficient funds for any future fiscal year to support the financial operation of the Employee Health Clinic, the Agreement will be terminated immediately without additional cost or penalty. 8.4 Consequences of Termination. (a)Termination under any section of this Article VIII shall not cause either Party to waive any rights it may have to exercise any remedies available to it under any other section of this Agreement or under any applicable law. (b)In the event this Agreement is terminated by reason of Client’s default, Client shall remain liable for all fees due over the remaining Term of the Agreement. (c)In the event this Agreement is terminated by either Party in accordance with 8.3(b), Client shall only be liable for the fees due for services provided through the termination date. (d)In the event this Agreement is terminated by reason of a Party’s default, the defaulting Party shall be liable for all direct costs, fees, expenses and damages and/or other amounts, including reasonable attorneys’ fees, which the other Party may incur or sustain which are directly due to such default, including but not limited to, reasonable attorneys’ fees. In the event that the other Party claims any additional direct costs, fees, expenses, damages, and/or other amounts, the defaulting Party agrees to provide upon request such additional financial or Marathon Health, Inc. Confidential 8 accounting records as may be reasonably necessary for the other Party to verify such additional direct costs, fees, expenses, damages, and/or other amounts. In the event this Agreement is terminated by reason of a Party’s default, the other Party shall have no continuing obligations or liabilities under this Agreement except as expressly provided under this Agreement. (e)Except as expressly provided below in this Section 8.4(d), notwithstanding anything in this Agreement to the contrary, (a) no Party shall be liable to the other party for incidental or consequential damages resulting from any breach of this Agreement, and (b) the maximum liability of either party to the other for any breach or violation of this Agreement or any addendum to this Agreement shall not exceed an amount equal to the total fees payable under this Agreement. Notwithstanding the foregoing, the limitations on liability set forth in this subsection shall not apply to any Event of Default by a party constituting fraud, gross negligence, or willful misconduct in connection with this Agreement, or claims for indemnification under Article XII of this Agreement. (f)Provided that Client has satisfied all payment obligations under this Agreement, and any disputes regarding payment have been resolved, or, if an unresolved payment dispute exists, Client shall have deposited in an interest-bearing escrow account with a mutually agreed upon financial institution an amount equal to the disputed payment amount. In all cases of termination, Marathon agrees to work with Client to make an orderly transition of the Marathon Services and Client’s property pursuant to the terms and conditions of a mutually agreed upon transition plan.Marathon and Client agree to negotiate in good faith the terms and conditions of any such transition plan. (g)Marathon shall maintain Participants’ health records beyond termination of this Agreement in accordance with applicable laws. Article IX Confidentiality of Participant Records 9.1 Access to Participant Information. Marathon acknowledges and agrees that in the course of performing its duties under this Agreement, Marathon, its Care Providers and/or their agents may acquire or obtain access to or knowledge of health records or other personal and confidential information regarding Participants. 9.2 Safeguard of Information. Marathon, its Care Providers and their agents will safeguard Participants’ health records and other personal and confidential information to ensure that the information is not improperly disclosed and to comply with any applicable law, rule or regulation, including, but not limited to, regulations promulgated by the United States Department of Health and Human Services, pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as the same may be amended from time to time (collectively the “HIPAA Regulations”), the Health Information Technology for Economic and Clinical Health (HITECH) Act, and other federal and state regulations Marathon Health, Inc. Confidential 9 governing the confidentiality of health information, including without limitation mental health, substance abuse and HIV-related information. Individual electronic medical record information is the property of Marathon, subject to each Participant’s rights to his/her individual medical information. 9.3 Granting of Access. Marathon will afford access to Participant’s health records or personal and confidential information to other persons only as allowed, or required by law. Marathon shall not grant access to patient records, patient information, and other personal and confidential data to any individual or to Client except as provided in this Section 9.3. 9.4 Compliance Assistance. To the extent Marathon utilizes space provided by Client in providing services under this Agreement, the Parties shall discuss how Client can assist Marathon in complying with these requirements, including the physical access to such space. Article X Confidentiality of Business Information 10.1 Restriction of Use; Confidentiality. Each of the Parties agrees not to use any Confidential Information (as defined below) for any purpose other than to accomplish the intent of this Agreement or to comply with the law. No other rights, or licenses to trademarks, inventions, copyrights, or patents are implied or granted under this Agreement. Confidential Information supplied shall not be reproduced in any form except as required to accomplish the intent of this Agreement or to comply with the law. Each Party agrees to keep all such Confidential Information confidential and, at a minimum, treat this Confidential Information in the same confidential manner it would treat its own most confidential information, and shall not disclose it to others or use it for any purpose except as required to accomplish the intent of this Agreement or to comply with the law. 10.2 Confidential Information. For purposes of this provision, the term “Confidential Information” shall mean any business practices, methods of doing business, or written or electronic materials relating to its business and shall also include without limitation any written material of the type that is proprietary, including, without limitation, software programs, technical information, patent applications, patent disclosures, prototypes, samples, business apparatus, forms of reports, know-how, and other materials marked “confidential”, or confidential information disclosed verbally if set forth in a writing which is provided to the recipient within 15 days of verbal disclosure thereof. Confidential Information shall not, however, include information that is governed by the confidentiality provision of Article IX, or any information which recipient can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure to recipient; (ii) becomes publicly known and made generally available after disclosure to recipient through no action or inaction of recipient or its affiliates; or (iii) is in the possession of recipient, without confidentiality restrictions, at the time of disclosure as shown by recipient’s files and records immediately prior to the time of Marathon Health, Inc. Confidential 10 disclosure. Nothing in this Agreement shall be deemed to prohibit recipient from disclosing any Confidential Information that is (i) required by law (provided, however, that in the event of such requirement, prior to disclosing any Confidential Information, recipient will notify the disclosing Party of the scope and source of such legal requirements and shall give the disclosing Party the opportunity to challenge the need to disclose and/or limit the scope of disclosed information) or (ii) pursuant to the written consent of the disclosing Party. Article XI Non-Solicitation 11.1 Non-Solicitation. As consideration for the resources dedicated to the development of the Marathon Services and for Marathon entering into this Agreement, Client agrees that it will not, either during the term of this Agreement or for a period of two (2) years after the termination of this Agreement for any reason whatsoever, directly or indirectly, employ or consult in any way, whether in a paid or unpaid capacity, any entity or individual, including but not limited to Care Providers, medical directors, Collaborating Physicians, employees, and independent contractors, furnished by Marathon in performing services under this Agreement, unless Marathon gives prior written approval. Article XII Indemnification and Insurance 12.1 Indemnification. To the extent allowed by law, each Party shall defend, indemnify and hold harmless the other Party, its subsidiaries and affiliated companies, and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against all claims, causes of action, suits, losses, damages, reasonable attorneys’ fees and costs (collectively referred to in this Article XII as “Liabilities”) that arise directly from or out of any third party claim asserted against any Indemnified Party alleging negligence by the first Party or its employees or agents in the performance of services and other duties and responsibilities in connection with this Agreement. 12.2 Marathon Insurance. Marathon shall maintain and pay for the following insurance coverages during the term of this Agreement and all renewals thereof: (a) Professional liability coverage with limits of $5 million per claim and $5 million aggregate. (b) General liability coverage with limits of $5 million per claim and $5 million aggregate. (c) Umbrella/excess liability insurance covering professional and general liability with limits of $2 million per claim and $2 million aggregate. Marathon Health, Inc. Confidential 11 (d) Technology related errors and omissions liability coverage with limits of $5 million per claim and $5 million aggregate. (e) Property and casualty coverage for its materials, equipment, furnishings, supplies, and all owned personal and/or business property and improvements located on Client’s premises under the standard “Special Form” coverage to its full replacement cost, without depreciation, adjusted yearly. (f)Workers’ compensation and other statutory insurances as required. 12.3 Client Insurance. Client shall insure, and pay for the following insurance coverages during the term of this Agreement and all renewals thereof: (a) General liability insurance covering Client’s business operations on the premises in which the Marathon Services will be performed. (b) Property and casualty coverage for all of Client’s real and personal property to which Marathon and its employees are granted access or given use, to its full or depreciated value, at Client’s option, to include, but not be limited to, insurance on space needed by Marathon for the performance of its obligations under this Agreement and all Client’s infrastructure and improvements to such space. (c) Other insurances typically maintained within Client’s industry. 12.4 Waiver. Notwithstanding any other provisions of this Article XII, to the fullest extent allowable under all policies they hold and under law, Marathon and Client hereby mutually waive (1) all rights of subrogation against one another and their directors, officers, employees, agents and representatives, (2) all rights of indemnification, to the extent Liabilities are covered by insurance of the Party that otherwise would be indemnified under the Agreement and, (3) with regard to real or personal property, the waivers under (1) and (2) of this paragraph apply regardless of whether coverage is for the full replacement cost or a depreciated or lesser value. Article XIII Miscellaneous 13.1 Ancillary Agreements. Client agrees to execute or cause to be executed all ancillary agreements appropriate and reasonably necessary to enable the Marathon Services to be performed. 13.2 Force Majeure. Neither Party shall be liable for failure or delay in performance due to any cause beyond the reasonable control of such Party (a “Force Majeure Event”); provided that such Party shall have (i) used its best efforts to avoid such Force Majeure Event and to minimize the impact of same on the other Party and (ii) rendered to the other Party prompt written notice thereof when first discovered, fully describing its probable effect and duration. The term “Force Majeure Event” shall include, but not be Marathon Health, Inc. Confidential 12 limited to, acts of God or the public enemy; expropriation or confiscation; war, rebellion, civil disturbances, sabotage, and riots; strikes or other labor disputes that are not due to the breach of any labor agreement by the affected Party hereunder; inability to obtain any local, state or federal governmental approval due to actions or omissions by any such governmental authority that were not voluntarily induced or promoted by the affected Party hereunder; and floods or unusually severe weather that could not have been reasonably anticipated, fires, explosions, and earthquakes, and other similar occurrences. Force Majeure Event shall not include economic hardship or changes in market conditions. 13.3 Entire Agreement. The Parties acknowledge that this Agreement, including any attachments, schedules and addendum that are attached hereto and incorporated herein by reference, represents the entire agreement and understanding of the Parties with reference to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements, understandings, and any other negotiations and discussions, whether oral or written, of the parties and/or subsidiaries of the parties with respect to the same subject matter hereof. Each Party acknowledges that no other promises, representations or agreements, whether written or verbal, have been made by the other Party, its agents, employees or legal representatives as an inducement for the execution of this Agreement. The Agreement replaces all prior understandings and agreements of the Parties, written or oral, with respect to the subject matter covered herein. 13.4 Notices. All notices to be delivered under this Agreement shall be in writing and shall be delivered by hand or deposited in the United States mail, first-class, registered or certified mail, postage prepaid, to the following addresses: To Client:City of Coppell Attn: Clay Phillips, City Manager 255 Parkway Boulevard Coppell, TX 75019 Tel- (972) 304-3618 Fax- (972) 304-7063 To Marathon Health: Marathon Health, Inc. Champlain Mill Suite 400 Winooski, VT 05404 Tel - (802) 857-0400 Fax - (802) 857-0498 Fax Attn: Jerry Ford, CEO 13.5 Severability. If any provision of this Agreement is determined to be unenforceable or invalid, such determination will not affect the validity of the other provisions contained in this Agreement. Failure to enforce any provision of this Agreement does not affect the rights of the Parties to enforce such provision in another circumstance. Neither does it Marathon Health, Inc. Confidential 13 affect the rights of the Parties to enforce any other provision of the Agreement at any time. 13.6 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas to the extent not preempted by federal law. Venue for any action concerning this agreement shall be in Dallas County, Texas. 13.7 Amendment. This Agreement may be amended by Client and Marathon only by a writing duly executed by an appropriate officer of Marathon and Client. This requirement is not intended to preclude the Parties from making decisions regarding day to day operations. 13.8 Assignment. This Agreement and all of the provisions hereof will be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. The rights and duties of Marathon and Client under this Agreement shall not be assignable by either Party without the prior written consent of the other Party. Such consent shall not be unreasonably withheld. 13.9 Third Party Beneficiaries. Nothing contained herein shall be construed to confer any benefit on persons who are not Parties to this Agreement. 13.10 Waiver. A failure or delay of either party to this Agreement to enforce at any time any of the provisions of this Agreement, or to exercise any option which is herein provided, or to require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of such provision of this Agreement or shall not excuse the other party's performance of such, nor affect any rights at a later time to enforce the provision. 13.11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Client and Marathon have executed this Agreement on this ___ day of ___________, 2013. City of Coppell Marathon Health, Inc. By: ____________________________By: _______________________________ Clay Phillips Jerry Ford City Manager CEO 14 Schedule A I.DESCRIPTION OF SERVICES (see detailed schedule of services in Schedule A1) Onsite health center to be operated at or near 151 W. Church St., Lewisville, Texas, including Marathon Health’s integrated Health Engagement Technology Platform for eligible employees [and spouses]. Individuals eligible to participate as of the Commencement Date: Employees.....................................................................................................................................342 Spouses & Retirees..........................................................................................................................66 Children.........................................................................................................................................241 SERVICES INCLUDED IN BASE FEE Primary care: • Urgent care (Infections, gastrointestinal symptoms, rashes, common illnesses) • Routine annual exams and screenings • Lab draws • Immunizations • Allergies • Pregnancy support & education • Prescription management Occupational Health Services: • Work-related injuries – First treatment • Orthopedic injury treatment – sprains, strains Onsite Pre-Packaged Pharmaceutical Dispensing Health Maintenance and Prevention: •Biometric Screening (individual in-house follow-up and new hire screenings only; see optional mass screenings below) ▫Finger-stick blood test for lipids (HDL cholesterol, LDL cholesterol and triglycerides) and glucose ▫Blood pressure, height, weight, body mass index and body fat composition. •Health Risk Assessment - Administered online or in paper version screens for: ▫General health and well-being ▫Health history including symptoms, conditions and family history ▫Tobacco use, alcohol use and stress levels •Comprehensive Heath Review (CHR)- For high risk individuals and individuals with chronic disease a CHR utilizing: ▫Online access to complete the Problem Knowledge Coupler (PKC) Health History and Risk Assessment (HHRA) – a computerized clinical decision support system ▫1:1 consultation with the onsite clinician to review assessment results, health history and risk appraisal, set goals and recommend strategies to achieve goals •Lifestyle Risk Reduction - For high risk individuals agreeing to follow-up with the Marathon Health Care provider as their personal health coach: ▫Work 1:1 with individuals to change behaviors putting them at risk for certain conditions, addressing lifestyle habits such as physical activity, smoking, diet, stress, weight control, cholesterol and blood pressure. ▫Marathon Health Providers incorporate Transtheoretical Model, Model for Improvement and Motivational Interviewing behavioral change methodologies ▫Individualized change management plans ▫Proactive support Disease Management –For individuals with chronic diseases (Diabetes, COPD, Asthma, CHF, CAD, HTN, Depression, Low Back Pain): 15 • Work 1:1 with individuals to empower and educate them to improve their health and quality of life through self- management practices and adherence to a treatment plan that aligns with national clinical guidelines for their disease. • Coaching, symptom monitoring, and disease education • Use of Problem Knowledge Couplers Integrated Health Engagement Technology Platform -- For up to 110% of the employees and spouses eligible to participate: • Personal Health Record with risk profile, wellness score, interactive nutrition and activity trackers, and medical content • Online scheduling system and secure messaging • Electronic Medical Record Management Reporting and Analysis: • Population stratification • Monthly, quarterly & annual reports on health center activity, population health status and return on investment • Health data warehouse Participant Communications and Promotions • Pre-launch communication program ▫Multi-media campaign with site posters, events, digital communication, and mailings to the home • Annual Health Promotions Calendar ▫Monthly health promotion programs, both group and individual, including program materials (presentations, educational hand outs, email promotions) as well as communication materials such as posters, postcards and website awareness. OPTIONAL SERVICES NOT INCLUDED IN BASE FEE Mass Biometric Screenings Cost of onsite Pre-Packaged Pharmaceuticals Cost of other drugs and vaccinations Cost of health center furnishings ALSO INCLUDED IN THE FEES OF THIS HEALTH SERVICES AGREEMENT: •Labor costs •Medical & office supplies •Medical liability insurance, worker’s compensation insurance, general liability insurance and all other insurance policies •One annual onsite stewardship meeting with Marathon’s account manager •Implementation fee covers the cost of equipment, computers, initial recruitment & training of staff, initial supplies, technology user setup, travel costs for up to three onsite visits by the project manager, signage and décor, initial roll-out communications materials for participants and programming for a participant eligibility file interface. NOT INCLUDED IN THE FEES OF THIS HEALTH SERVICES AGREEMENT: •Non CLIA waived tests •External lab processing for physicals, annual exams and screenings •Travel costs for clinicians and health screeners to visit participants at offsite locations •Fit-up health center space for private consultations with Participants •Health center furnishings •Internet connectivity and telephone service for Marathon Health staff 16 •Excess and custom communications costs to promote the Marathon Health services, such as customer-only branded or additional materials, consultation travel, excess consultation time and postage costs for mailing communication materials to participants’ homes. •Excess software programming costs, such as for custom interfaces for Marathon Health uploads of prior provider data, or more than 3 activity reports (data extractions in standard format) of encounter, lab or HRA data. II.LOCATION AND TIME OF SERVICES A.The services provided under this Agreement will be provided at a site to be located at or near 151 W. Church St., Lewisville, Texas. B.Hours of operation will be 40 hours per week during Client’s normal business days of operation. C.Notwithstanding the hours of operation described above, the health center shall be closed for 8 holidays and for 4 professional development days per year. D.In the event of an unexpected clinician absence due to illness, the health center shall remain open for services to be continued, to the extent possible, by the other regular health center staff member(s). Up to 5 days of such absences that result in no direct care services being provided shall be allowed per year. III.STAFFING Staffing will include one (0.5 FTE) physicians, one (1.0 FTE) nurse practitioners and one (1.0 FTE) medical assistants. The Marathon Health staffing model also assumes that each mid-level practitioner will have a physician preceptor who provides medical supervision, consultation, chart review, and quality assurance activities. 17 Schedule A2 MARKETING SERVICES TO BE INCLUDED IN BASE FEE Standard Communication Package Deliverables (exact media to be determined) Introductory Announcement Text Copy provided by Marathon. Client will distribute. Introductory Manager’s Presentation Marathon to present introductory presentations within first ninety days of the Implementation Date to members of Client management as identified by Client. Welcome Package Marathon to provide Welcome Packages as of the Implementation Date to be distributed by Client. Additional Welcome Packages will be prepared for new employees of the Firm on an as-needed basis thereafter. Welcome Package will include: -Letter Co-branded and personalized from Client On-site Care Provider. -Portal Log on Imprinted with user name and password. -Brochure Co-branded to reflect incentive structure, service mix, and Client logo and program name. Biometric Screening Flyer Marathon will provide Biometric Screening Flyers annually. All such flyers shall be co-branded. Biometric Screening Announcement Poster Marathon will provide posters, co-branded for scheduled screening events. Teachable Moment Handouts Marathon will provide Teachable Moments brochures on an as needed basis based on Participant population. MHQ HRA Marathon will provide MHQ HRA brochures annually. Health Center Opening Postcard Marathon will provide Health Center Opening Postcards as of the Implementation Date. The postcards will be co- branded with Client and program name. Site Posters Marathon will provide site posters for the Live Date and annually thereafter. The posters will be co-branded. Associate Presentation / Group meeting Marathon will provide presentations annually to Participant population at times and dates to be mutually agreed upon by Client and Marathon. DM Brochure Marathon will provide DM brochures on an as-needed basis, based on Participant population. Med Risk Handouts Marathon will provide Med Risk brochures on an as- needed basis, based on Participant population. Additional Communication Support Available for Additional Fees Contest design and promotion Wellness seminar publicity Health fair planning and promotion Monthly health newsletter Table top tent cards Web copy and design Mailing of materials to participants’ homes ●Standard Communication Package includes all production and printing costs. 18 Schedule B FEES AND PAYMENT SCHEDULE Service fees:** The fees for the initial three year term of this agreement are as follows: Annual base service fee* ....................................................................................................$192,617 One-time implementation fee ...............................................................................................$23,633 Mass biometric screening fee (optional)*...........................................................$50 per participant Actual fee is dependent on number of individuals screened and the number of locations. Individual in- house biometric screenings and all health risk assessments are included in the annual service fee. Onsite Pre-Packaged Pharmaceuticals (optional)................................................................. At cost For drugs paid for directly by the Client. No additional fees are charged for drugs paid for by patients or through health plan claims. * First-year fee only; fee increases by 5% in subsequent years. ** All pricing is contingent and dependent upon execution of similar Health Services Agreement by the City of Lewisville, TX within the month of August, 2013. Payment schedule: Service fees are due as follows: -Implementation fee at contract signing -1/12 of annual base service fees at beginning of each month of service -Biometric screening fees on a per participant basis as incurred. -Dispensed pharmaceutical charges, billable travel costs, excess communications or software programming costs, and other unexpected costs incurred as a result of service modifications requested by Client are due as incurred. At Risk Fees and Pay for Performance 10% of the annual base service fees for the initial three year term of this agreement are “at-risk” to Marathon Health and are subject to achieving the performance metrics outlined in the Marathon Health Pay for Performance Plan summarized below. The following conditions also apply: A bonus equal to one-half the downside risk on the outcomes component shall apply to achieving 8 or more performance metrics related to outcomes as described in the plan. 40% of the eligible employee population will have a biometric screenings within 2 months of the beginning and end of each annual term. 50% of the eligible employee population will visit the health center during each annual term. Fees are only at-risk to Marathon if the medical claims data referred to in section 6.5 is received as scheduled. Any refund of at-risk fees will be credited against the subsequent year’s service fees. 19 Schedule B1 PAY FOR PERFORMANCE PLAN Triple Aim The Marathon Health Pay for Performance Plan is based on achievement of key metrics covering the three dimensions relating to optimizing healthcare delivery and overall health of a population. The three dimensions are: Improving the Patient Experience Improving the Health of the Population Reducing the Per Capita Cost The 10% of the annual base service fees for the initial three year term of this agreement that are “at-risk” will be attributed to these three dimensions in the following manner: Year 1 Year 2 Year 3 Improving the Patient Experience 2.5%2.5%2.5% Improving the Health of the Population 5.0%5.0%5.0% Reducing the Per Capita Cost 2.5%2.5%2.5% Total 10%10%10% Marathon’s performance, requirements of the Client and fee credits for each of the three dimensions are detailed below. If the Client has not fulfilled all of its requirements for any dimension during a given year, then no fee credit will be due the client for that dimension for that year. Improving the Patient Experience – Patient Satisfaction Marathon’s Performance Employees will rate that they are satisfied or very satisfied with their overall experience with Marathon Health on an annual satisfaction survey (Likert Scale). Fee Credits The portion of at-risk fees attributable to Improving the Patient Experience will be credited back to the Client in accordance with the following scale: % of Employees Satisfied or Very Satisfied 95+%50% bonus paid to Marathon 90+%0% credited to Client 85+%50% credited to Client 80+%75% credited to Client < 80%100% credited to Client 20 Improving the Health of the Population – HeALTH OUTCOMES Marathon’s Performance Patients with the following risk conditions will achieve health improvements as follows: % of Participants with the Condition that Achieve the Results Eligible Participants with the Following Conditions Will Achieve the Following Results Minimum target for Year 1 Minimum target for Year 2 Minimum Target for Year 3 1 Systolic BP > 140 Reduce by 12 mmHg or normal 30.0%35.0%40.0% 2 Diastolic BP > 90 Reduce by 5 mmHg or normal 30.0%35.0%40.0% 3 Glucose > 100 Reduce 15% or normal 10.0%12.5%15.0% 4 Tot. Cholesterol > 200 Reduce 10% or normal 10.0%12.5%15.0% 5 LDL Cholesterol > 160 Reduce 10% or normal 10.0%12.5%15.0% 6 HDL Cholesterol < 40 Increase 10% or normal 10.0%12.5%15.0% 7 Triglycerides > 200 Reduce 20% or normal range 10.0%12.5%15.0% 8 Overweight / Obesity Reduce weight 5% or BMI normal 3.0%4.0%5.0% 9 Smokers Quit for at least 90 days 3.0%4.0%5.0% Participants Under our Care with the Following conditions Will Achieve the Following Results Minimum target for Year 1 Minimum target for Year 2 Minimum Target for Year 3 10 Diabetics Maintain average Hemoglobin A1C <= 7.5 10.0%12.5%15.0% 11 Diabetics At the standard of care (or not applicable) for 4 out of 5: • Annual Foot Exam • Annual Eye Exam • Annual Influenza • Pneumococcal at least once • Self Glucose Monitoring 75.0%75.0%75.0% 21 12 Asthmatics At the standard of care (or not applicable) for 4 out of 5: • Annual Influenza • Pneumococcal at least once for those at risk • Use of inhaled corticosteroid for those with persistent Asthma • Asthma Action Plan • Use of a short acting bronchodilator 75.0%75.0%75.0% The look-back period is 12 months in Year 1 and 18 months in subsequent years. Fee Credits The portion of at-risk fees attributable to Improving the Health of the Population will be credited back to the Client in accordance with the following scale: # of Categories from the Above Table in Which the Minimum Target was Reached 10-12 50% bonus paid to Marathon 7-10 0% credited to Client 4-6 50% credited to Client 2-4 75% credited to Client < 2 100% credited to Client Reducing the Per Capita Cost – Reduce PMPM COST trend Marathon’s Performance Client’s expected PMPM medical claims cost for the eligible population, net of fees paid to Marathon, will be reduced as follows: Year 1 Year 2 Year 3 Approximate Gross Reduction 7%11%13% Net Reduction Target 0%4%6% This is computed as follows: Client’s expected year 1 PMPM medical claims costs for the eligible population, excluding large cost claimants of $50,000 or above, are agreed upon between Marathon & Client. 22 Expected year 2 PMPM costs are computed by increasing expected year 1 costs by 9% for medical inflation. Expected year 3 PMPM costs are computed by increasing expected year 2 costs by 9% for medical inflation. Actual PMPM medical claims costs for each year, excluding large cost claimants of $50,000 or above, are obtained and compared to the expected costs to arrive at the Actual Gross Reduction in PMPM Cost. The Actual Gross Reduction in PMPM Cost is decreased by the PMPM fee paid to Marathon to arrive at the Actual Net Reduction in PMPM Cost. The Actual Net Reduction in PMPM Cost is divided by the expected PMPM cost for the year to determine the Actual Net Reduction Percentage. Fee Credits The portion of at-risk fees attributable to Reducing the Per Capital Cost will be credited back to the Client in accordance with the following scale: Variance of Actual Net Reduction Percentage from the Net Reduction Target 1+% over (e.g. 7+% reduction vs. a 6% target) 50% bonus paid to Marathon +/-1% (e.g. 5%-7% reduction vs. a 6% target) 0% credited to Client 1%-3% under (e.g. 3%-5% reduction vs. a 6% target) 50% credited to Client 3%-5% under (e.g. 1%-3% reduction vs. a 6% target) 75% credited to Client 5+% under (e.g. 1-% reduction vs. a 6% target) 100% credited to Client Requirements of Client For Marathon’s fees to be at-risk under this plan, the following requirements of the Client apply: Facilitate an annual electronic satisfaction survey of employees within 60 days (+/-) of the end of each contract year. A minimum of 40% of the eligible employee population must have a health screening, including biometrics and health risk assessment, within 3 months (+/-) of the Commencement Date, and annually thereafter. For use of the health center, if the Client requires high co-payments from participants, requires employees to “punch out”, locates the health center offsite, or has other significant restrictions on its use, then a minimum of 50% of the eligible population must have at least one acute care or health coaching visit in the clinic during each contract year. 23 Provide information on PMPM medical claims cost and large cost claimants of $50,000 or above for at least the 2 years immediately preceding year 1 of the Agreement. Provide the expected PMPM medical claims cost, net of and large cost claimants of $50,000 or above, for year 1, reflective of the impact of any health plan design changes for that year. Provide information on PMPM medical claims cost and large cost claimants of $50,000 or above within 60 days of the end of each contract year. The medical claims data referred to in section 6.4 must be received as scheduled. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1222 File ID: Type: Status: 2013-1222 Agenda Item Passed 2Version: Reference: In Control: Police 08/06/2013File Created: 08/13/2013Final Action: Redflex Traffic Systems Scofflaw ProgramFile Name: Title: Consider approval of an agreement between The City of Coppell and Redflex Traffic Systems related to enforcement of unpaid violation notices (“Automated Scofflaw Program”). The proposed agreement has an initial term of five (5) years in addition to two (2) optional five-year extensions; and authorizing the City Manager to sign. Notes: Agenda Date: 08/13/2013 Agenda Number: 15. Sponsors: Enactment Date: Redflex Scofflaw Memo.pdf, Redflex Traffic Systems Scofflaw Program.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 2 PassApproved08/13/2013City Council Presentation: Captain Jim Cook made a presentation to Council. A motion was made by Councilmember Tim Brancheau, seconded by Mayor Pro Tem Billy Faught, that this Agenda Item be approved. The motion passed by an unanimous vote. Action Text: Mayor Pro Tem Billy Faught, Councilmember Tim Brancheau, Councilmember Bob Mahalik, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, and Councilmember Aaron Duncan 7Aye: Text of Legislative File 2013-1222 Title Consider approval of an agreement between The City of Coppell and Redflex Traffic Systems related to enforcement of unpaid violation notices (“Automated Scofflaw Program”). The proposed agreement has an initial term of five (5) years in addition to two (2) optional five-year extensions; and authorizing the City Manager to sign. Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1222) Summary Fiscal Impact: Staff Recommendation: Staff recommends approval Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 12/28/2017 1 MEMORANDUM To: Mayor and City Council From: Mac Tristan, Chief of Police Date: August 05, 2013 Reference: Consideration of approval of a Contract between Redflex Traffic Systems, Inc. and the City of Coppell to provide enforcement and collection of unpaid photo red light enforcement notices. 2030: Coppell 2030, Healthy Neighborhoods Introduction: On December 01, 2006, the City of Coppell entered into a contract with Redflex Traffic Systems, Inc. to provide photo red light enforcement services. Part of this enforcement includes a civil penalty mailed to the registered owner of the vehicle for violating the ordinance. However, not all vehicle owners pay their violation notices; they are referred to as scofflaws. Redflex has initiated their Automated Scofflaw Program (ASP) to address this problem. ASP utilizes an enforcement tool under Texas Transportation Code Chapter 707 to block the motor vehicle registration renewal process of motorists who have unpaid civil notices issued by the City of Coppell. Analysis: All violation notices issued by the SafeLight Coppell program are approved by Coppell Police Officers in accordance with state law regulating automated traffic enforcement. A scofflaw has received a notice(s), but has not taken action to address it. Redflex has identified 6,665 scofflaws as of January 2013, which accounts for $650,850.00 in uncollected funds. These individuals owe the city $75.00 or more, are 91 days or more past due on their violation notice(s), and their vehicle is registered in Texas. These criteria are sufficient to take action under the ASP program to establish compliance for the unpaid violation notices. The proposed contract has an initial term of five years in addition to two optional five-year extensions. Fiscal Impact: The terms of the proposed agreement include a $5.00 payment to Redflex for each successful registration hold/flag placed on a scofflaw’s vehicle registration. Invoicing for the ASP service will be held for 90 days following the submission of the initial batch file. The payments owed to Redflex will be made through the collected funds. Legal Review: Agenda item was reviewed by Robert Hager. Recommendation: The Police Department has found this action to be supportive of the Coppell 2030 Master Plan in Maintaining Healthy and Safe Neighborhoods. As such, staff recommends City Council approval for Coppell to enter into a five year contract with Redflex Traffic Systems, Inc. for scofflaw enforcement and authorizing the City Manager to sign. 1 AUTOMATED REGISTRATION HOLD SERVICES PROGRAM AGREEMENT BETWEEN THE CITY OF COPPELL AND REDFLEX TRAFFIC SYSTEMS, INC. This Agreement (“Agreement”) is made as of this 01 day of May, 2013 by and between Redflex Traffic Systems, Inc., a Delaware Corporation, with offices located at 23751 N. 23rd Avenue, Phoenix, Arizona 85085 (“Redflex”) and The City of Coppell, a municipal corporation, with offices at 255 Parkway Boulevard, Coppell, TX 75019 (the “Customer”). Redflex and the Customer are sometimes individually referred to as a “Party” and/or collectively referred to as the “Parties.” RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, technologies, computer programs and citation processes related to the verification of delinquent civil penalties related to and/or associated with automatic photo red light citations, hereinafter the “Violation Verification Program” and/or the “Program”; and WHEREAS, the Customer desires to engage the services of Redflex to provide certain Citation Verification Program services so that the Customer may identify and/or confirm automatic photo red light citation recipients who have unpaid, outstanding and/or delinquent civil penalties citations related thereto; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections and city streets by providing the services pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Definitions. In this Agreement, the words and phrases below shall have the follow meanings as follows: 1.1. “Monthly Submitted Batch Files” means the computer batch files submitted to either the Customer and/or the Texas Department of Motor Vehicles each month consisting of any and all combinations of 1) “PROBE files” and/or 2) “FLAG files”; and/or 3) “CLEAR files”. 1.2. “Verification System” and/or “Redflex System” means the Redflex proprietary methods, applications, technologies, systems, programs, equipment, machinery, and processes employed by Redflex in connection with the Violation Verification Program that indicate compliance with the Verification Criteria and that confirms, compares and verifies, pursuant to the Customer’s 2 “Verification Criteria”, whether the driver named in an outstanding and/or unpaid civil penalty related to and/or associated with automatic photo red light violation is the current owner of record of the automotive vehicle relevant thereto. 1.3 “Verification Criteria” means the standards and criteria determined solely by the Customer that are utilized and applied by Redflex in connection with the Verification System and include the following four (4) conditions: Redflex shall only perform the services expressly stated in the below described Violation Verification Program if: a) the unpaid civil penalty related to and/or associated an automatic photo red light violation is for a monetary amount of $75.00 or more; and b) the unpaid civil penalty related to and/or associated an automatic photo red light violation is delinquent for a period of time of 91 days or more; and c) the involved vehicle listed in a delinquent civil penalty related to and/or associated with automatic photo red light violation is currently registered in the State of Texas, and/or any Customer specified County within the State of Texas; and d) the owner named in an outstanding and/or unpaid civil penalty related to and/or associated an automatic photo red light violation matches the current owner of record of the automotive vehicle relevant thereto. 1.4. “PROBE files” means the computer files that are submitted to the Texas Department of Motor Vehicles in a format that is fully compliant with the “TxDMV file format” specifications of the Texas Department of Motor Vehicles. 1.5. “Registration Data” means the automotive vehicle registration data received from the Texas Department of Motor Vehicles relevant to the license plate data identified in the “PROBE files” that Redflex utilizes in order to confirm and verify that the driver/owner named in an outstanding and/or unpaid civil penalty related to and/or associated an automatic photo red light violation matches the current owner of record of the automotive vehicle relevant thereto. 1.6. “FLAG files” means computer files that have been submitted to the Texas Department of Motor Vehicles that comply with and satisfy the Verification Criteria and indicate that a driver named in an outstanding and/or unpaid civil penalty related to and/or associated with an automatic photo red light violation does match the current owner of record of the automotive vehicle relevant thereto. 1.7. “CLEAR files” means the computer files containing the list of citation recipients identified in FLAG files who have paid in full the delinquent civil penalty related to and/or associated with an automatic photo red light violation(s). 1.8 “Violation Verification Program” and/or the “Program” means any and all systems, methods, processes equipment, applications and back office processes of Redflex related to and/or associated the products and services contained in this Agreement including, but not 3 limited to the Monthly Submitted Batch Files, the Verification System, the Verification Criteria, the PROBE files, the FLAG files; and/or the CLEAR files. 1.9. “Confidential or Private Information” means, with respect to Redflex, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with Redflex’s business or methods of operation or concerning any of Redflex’s suppliers, licensors, licensees, customers or others with whom Redflex has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to Reflex, including but not limited to: i. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices Redflex obtains or has obtained from its clients or customers, or at which Redflex sells or has sold its services; and ii. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulas, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term “trade secrets” shall mean the broadest and most inclusive interpretation of trade secrets. iii. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 1.10. “Intellectual Property” means, with respect to any Redflex, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask-works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of Redflex. 1.11. “Proprietary Property” means, with respect to any Redflex, any written or tangible property owned or used by Redflex in connection with Redflex’s business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, 4 contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of Redflex, financial statements, budgets, projections and invoices. 1.12. “Redflex Marks” means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to the Program at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.13. “Registration Hold”, “Flag” and/or “REGISTRATION DECISION” are interchangeable and synonymous and mean the determination and/or decision by the Texas Department of Motor Vehicles to refuse to register a motor vehicle in connection with the outstanding, unpaid and/or delinquent civil penalty related to and/or associated with an automatic photo red light violation in compliance with the Verification Criteria and issued in accordance with the terms and conditions expressly set forth in the Agreement Between the Customer and Redflex Traffic Systems, Inc. for a Photo Red Light Enforcement Program (the Photo Red Light Enforcement Agreement”) made on or about December 1, 2006. 1.14. “Escrow Account” means the escrow account into which Redflex deposits monetary amounts payable to the Texas Department of Motor Vehicles. The monetary amounts payable to the Texas Department of Motor Vehicles by Redflex are as specified in Section 43 of the Texas TAC, Chapter 217. 2. TERM. The term of this Agreement shall commence as of the date hereof and shall continue for a period of five (5) years there from (“Term” and/or “Initial Term”). The Customer shall have the right, but not the obligation to extend the Term of this Agreement for up to two (2) additional consecutive (5) year periods following the expiration of the Initial Term (each a “Renewal Term”) by providing written notice to Redflex not less than thirty (30) calendar days prior to the last day of the Initial Term or the Renewal Term, as the case may be. 3. SERVICES. Redflex shall provide the Program to the Customer, in each case in accordance with the terms and provisions set forth in this Agreement and which include the following products and services: 3.1. Using data and information generated in accordance with the terms and conditions expressly set forth in the Agreement between the Customer and Redflex Traffic Systems, Inc. for a Photo Red Light Enforcement Program executed on or about December 1, 2006 (the Photo Red Light Enforcement Program Agreement”), Redflex shall implement the Program using the Verification System and applying the Verification Criteria to generate Monthly Submitted Batch Files containing PROBE files, FLAG files and/or CLEAR files as appropriate under the circumstances. 5 3.2. PROBE files shall be generated by Redflex in electronic and computerized form after applying and adhering to Verification Criteria 1.3 a), 1.3 b) and 1.3 c) and thereafter Redflex shall submit one or more electronic requests for certain Registration Data relevant thereto from the Texas Department of Motor Vehicle such that Redflex may apply and adhere to Verification Criteria 1.3. d). Customer agrees and acknowledges that Redflex shall be unable to comply with Verification Criteria 1.3. d). unless and until Redflex receives certain Registration Data from the Texas Department of Motor Vehicles. 3.3. After Redflex receives relevant Registration Data from the Texas Department of Motor Vehicles, Redflex shall generate FLAG files, as appropriate under the circumstances. Customer agrees and acknowledges that the files generated by Redflex in connection therewith are based upon the Verification Criteria determined solely by the Customer. 3.4. FLAG files shall be generated and submitted by Redflex in an electronic and computerized format to the Texas Department of Motor Vehicles and in a format satisfactory to the Department of Motor Vehicles if, after application of the Verification Criteria by Redflex, the driver named in an outstanding and/or unpaid civil penalty related to and/or associated with an automatic photo red light violation matches the current owner of record of the automotive vehicle relevant thereto. 3.5. CLEAR files shall be generated and submitted in an electronic and computerized format by Redflex to the Customer and/or the Texas Department of Motor Vehicle to the extent and degree that the driver named in an outstanding and/or unpaid civil penalty related to and/or associated with an automatic photo red light violation pays in full the civil penalty relevant thereto. 3.6. Compensation. Redflex shall have the right to receive, and the Customer shall be obligated to pay, the compensation set forth on Exhibit B attached hereto. 3.7. Customer acknowledges, understands and agrees that the refusal to register a motor vehicle is a decision and determination made in the sole, absolute and unilateral discretion of the Texas Department of Motor Vehicles and REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO REFUSE TO REGISTER A MOTOR VEHICLE SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES AND SHALL BE MADE AT TEXAS DEPARTMENT OF MOTOR VEHICLES’ SOLE DISCRETION (A “REGISTRATION DECISION”), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORITY TO MAKE, DETERMINE AND/OR ENFORCE A REGISTRATION DECISION. 3.8. Tax Assessor Fees. Should the County Tax Assessor elect to assign fees as described under 2011 SB 1386 relating to scofflaw registration processes, Redflex agrees to add said fees to the existing balance due. The transfer of any collected tax assessor fee to the tax assessor shall be the responsibility of the Customer. 6 4. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice to Redflex, setting forth in reasonable detail the proposed changes (a “Change Order Notice”). Upon Redflex’s receipt of a Change Order Notice, Redflex shall deliver a written statement describing the cost, if any (the “Change Order Proposal”). The Change Order Proposal shall include (i) a detailed breakdown of the change and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer’s receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other material matters relating to the proposed changes. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Dispute Resolution provisions set forth below in Section 19 of this Agreement. 5. LICENSE; RESERVATION OF RIGHTS. 5.1. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right, title or interest therein. 5.2. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the Customer’s use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de-compile or otherwise perform any type of reverse engineering to the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 5.3 PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of 7 the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 5.4 INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any person, party, entity, company, business, corporation, partnership, association and the like of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex’s Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs Customer incurred in providing such cooperation and assistance. 5.5 INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof; provided, that Redflex shall reimburse the Customer for any reasonable costs Customer incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the right, but not the obligation, to procure for the Customer the right to continue using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items. 6. UNAUTHORIZED REFERENCES TO REDFLEX. Unless required by applicable law, Customer shall not utilize, make use of and/or make any reference to Redflex, its name or likeness, its affiliated, parent or subsidiary companies or corporations, its logos, insignias, trademarks, trade names, brand, websites, property, assets, products or services, including, but not limited to, the Program, the Verification System, the Redflex System, the Verification Criteria, “SMARTcam™ System”, “Salus™ System”, “REDFLEXred™ System”, “REDFLEXspeed™ System”, “REDFLEXrail™ System”, “REDFLEXstop™ System”, “REDFLEXslimline™ System”, “SMARTops™ System”, “SMARTscene™ System”; “PLATESCAN™ System” and/or and any and all combinations, variants and derivatives thereof, in, on or about, Customer marketing, publicity, media, public relations, advertising, education or training materials, information, data, papers and/or documents, for any reason or purpose, whatsoever, without the prior written approval of Redflex which may be withheld, denied, delayed, rejected and/or refused, by Redflex in its sole, absolute and unilateral discretion. A violation of this section shall not be deemed a material breach of this Agreement unless Customer receives a written notice of violation by Redflex, specifying the violation, and the Customer fails to prevent a violation of this section from occurring after the receipt of the notice. 8 7. REPRESENTATIONS AND WARRANTIES. 7.1 Redflex Representations and Warranties. Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the Customer. 7.2. Customer Representations and Warranties. Authority. The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 8. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER’S USE OF ANY OF THE FOREGOING. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 9. TERMINATION. 9.1 TERMINATION FOR CAUSE: Either party shall have the right to terminate this Agreement by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of the Program; (ii) the Supreme Court for the State of Texas rules that the Citations from the Program are inadmissible in evidence; or (iii) the other party commits any material breach of any of the provisions of this Agreement. Either party shall have the right to remedy or cure the cause for termination or breach within forty-five (45) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the appropriate party setting forth in reasonable detail the events of the cause for termination or 9 breach. Termination of this Agreement shall not be enforceable or effective unless the terminating party mails written notice of termination to the non-terminating party not less than forty-five (45) calendar days prior to the Agreement termination date and provides to the non- terminating party the opportunity to remedy or cure the cause of the termination or breach within the forty-five (45) calendar day time period provided herein. 10. RIGHTS AND REMEDIES. In connection with any breach and/or termination of this Agreement, Redflex shall have and hereby reserves, in full, all rights and remedies available in law and/or in equity. The rights to terminate this Agreement given in this Section shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. 11. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relieve either party of any liability that accrued prior to such termination. Except as set forth in Section 12 of this Agreement, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: i. Redflex shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Program, (ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination, and (v) provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. Immediately upon termination Redflex is no longer bound to the Data Retention Requirements for any data and if the customer wishes to obtain the data it must be conveyed at the time of termination. Redflex will transfer the data and relevant information to the city by a mutually agreed upon method. The customer will assume the burden for all costs associated with this task including but not limited to administrative, storage media, storage media authoring devices, and internet bandwidth used for transferring data. Redflex will provide no tools for accessing this data or other guarantees. ii. The Customer shall (i) immediately cease using the Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination. 10 iii. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex’s performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore the Designated Intersection Approaches to substantially the same condition such Designated Intersection Approaches were in immediately prior to this Agreement. 11.1 In addition to any and all other rights and remedies available and/or reserved herein, the Customer shall pay to Redflex a pro rata share of all monies or revenue generated, collected and/or received by Customer after the Agreement termination date that are, in any way, a result of, associated with and/or attributable to, in whole or in part, the products or services rendered to Customer by Redflex. 12. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: Reservation of Rights, Redflex Representations and Warranties, Customer Representations and Warranties, Limited Warranty, Confidentiality, Indemnification and Liability, Notices, Dispute Resolution, Assignment, Injunctive Relief, Specific Performance, Applicable Law, and Jurisdiction and Venue, and (ii) those provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. 13. CONFIDENTIALITY. During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Information learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement. Upon termination of this Agreement, each party shall return to the other all tangible Confidential Information of such party. Each party shall retain in confidence and not disclose to any third party any Confidential Information without the other party’s express written consent, except (a) to its employees who are reasonably required to have the Confidential Information, (b) to its agents, representatives, attorneys and other professional advisors that have a need to know such Confidential Information, provided that such parties undertake in writing (or are otherwise bound by rules of professional conduct) to keep such information strictly confidential, and (c) pursuant to, and to the extent of, a request or order by any Governmental Authority, including laws relating to public records. 14. Indemnification by Redflex. Subject to Section entitled “Indemnification Procedures”, Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a “Customer Party” and collectively, the “Customer Parties”) against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, 11 settlements, costs, expenses and disbursements (including reasonable attorneys’, accountants’ and expert witnesses’ fees) of whatever kind and nature (collectively, “Losses”), which may be imposed on or incurred by any Customer Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Customer Party. 15. Indemnification by Customer. Subject to Section entitled “Indemnification Procedures”, the Customer hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a “Redflex Party” and collectively, the “Redflex Parties”) against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, (b) the negligence or willful misconduct of the Customer, its employees, contractors or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party, (c) any claim, action or demand not caused by Redflex’s failure to perform its obligations under this Agreement, or (d) any claim, action or demand challenging the Customer’s use of the Redflex System or any portion thereof, the validity of the results of the Customer’s use of the Redflex System or any portion thereof, or the validity of the Citations issued, prosecuted and collected as a result of the Customer’s use of the Redflex System or any portion thereof. 16. Indemnification Procedures. In the event any claim, action or demand (a “Claim”) in respect of which any party hereto seeks indemnification from the other, the party seeking indemnification (the “Indemnified Party”) shall give the party from whom indemnification is sought (the “Indemnifying Party”) written notice of such Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure so to give such notice shall not preclude indemnification with respect to such Claim except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party shall have the right to choose counsel to defend such Claim (subject to the approval of such counsel by the Indemnified Party, which approval shall not be unreasonably withheld, conditioned or delayed), and to control, compromise and settle such Claim, and the Indemnified Party shall have the right to participate in the defense at its sole expense; provided, however, the Indemnified Party shall have the right to take over the control of the defense or settlement of such Claim at any time if the Indemnified Party irrevocably waives all rights to indemnification from and by the Indemnifying Party. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim, and no party shall have the right enter into any settlement agreement that materially affects the other party’s material rights or material 12 interests without such party’s prior written consent, which consent will not be unreasonably withheld or delayed. 17. LIMITED LIABILITY. Notwithstanding anything contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or any duty at common or civil law, for any special, incidental, indirect, consequential or punitive damages however caused and on any theory of liability arising out of or relating to this Agreement, except and only to the extent expressly authorized pursuant to provision entitled “PREVAILING PARTY” of this Agreement. In the event of any breach of this Agreement, however, the non-breaching party is entitled to recover expectation damages from the breaching party, which are defined as the amounts that non-breaching party would have received under the Agreement had the breaching party fully performed pursuant to the terms and conditions of this Agreement. 18. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: i. Notices to Redflex: Redflex Traffic Systems, Inc. 23751 North 23rd Avenue Phoenix, AZ 85027 Attention: PROGRAM MANAGEMENT Facsimile: (623) 207-2050 ii. Notices to the Customer: City of Coppell 255 Parkway Boulevard Coppell, TX 75019 Attention: Chief of Police Facsimile: (972) 304-3535 19. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the “Dispute”), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such 13 Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 19, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 20. Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; provided, however, The Customer hereby acknowledges and agrees that the execution (as outlined in Exhibit F), delivery and performance of Redflex’s rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements (“Financing Transactions”) with equipment lessors, banks, financial institutions or other similar persons or entities (each, a “Financial Institution” and collectively, “Financial Institutions”). The Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer (“Transfer”) its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer’s prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex’s rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the Customer shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 20.1 RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 20.2 AUDIT RIGHTS. Each of Parties shall have the right to audit the books and records of the other Party (the “Audited Party”) solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty- eight (48) hours’ prior notice to the Audited Party, at mutually convenient times and during the Audited Party’s normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost 14 of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non- Audited Party shall promptly refund to the Audited Party the amount of the excess. 20.3 FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 20.4 ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the parties, and there are no other agreements (other than invoices and purchase orders), whether written or oral, which affect its terms. This Agreement may be amended only by a subsequent written agreement signed by both parties. 20.5 SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. 20.6 WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 20.7 CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. 20.8 HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof. 20.9 EXECUTION AND COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof. 20.10 COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. 15 20.11 REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 20.12 BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 20.13 COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 20.14 NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement. 20.15 INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 20.16 APPLICABLE LAW. This Agreement shall be governed only by and construed, in all respects, solely in accordance with the laws of the State of Texas. 20.17 JURISDICTION AND VENUE. Any conflict, claim or dispute between Redflex and the Customer affecting, arising out of or relating to the subject matter of this Agreement shall be filed only in and litigated solely in the United States District Court for the Northern District of Texas or in a state court of competent jurisdiction in Dallas County, Texas, and both parties specifically agree to be bound by the exclusive jurisdiction and venue thereof. 20.18 PREVAILING PARTY. In the event of any conflict, claim or dispute between Redflex and the Customer affecting, arising out of or relating to the subject matter of this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party all attorneys’ fees, expert fees, and related costs. Attorneys’ fees, expert fees, and related costs shall be assessed by a Court and not by a jury and shall be included in any judgment obtained by the prevailing party. 16 (The remainder of this page is left intentionally blank) 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. “Customer” CITY OF COPPELL, TEXAS By: Name: Title: Date: “Redflex” REDFLEX TRAFFIC SYSTEMS, INC., By: Name: Title: Date: 18 EXHIBIT “A” Insurance 1. During the Term, Redflex shall procure and maintain at Redflex’s sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex’s subcontractors, agents, representatives and employees: – Commercial General Liability Insurance. Commercial General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, Two Million Dollars ($2,000,000) Products-Completed Operations Aggregate and Two Million Dollars ($2,000,000) General Aggregate; – Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per accident for bodily injury or property damage, including but not limited to coverage for all automobiles owned, non-owned and hired by Redflex; – Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than Two Million Dollars ($2,000,000) each and every claim and in the Aggregate; and – Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation Insurance with coverage of not less than that required by the Labor Code of the State of (insert name), and Employer’s Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) per occurrence. 2. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: – The Customer Parties shall be named as additional insured with respect to the Commercial General Liability insurance; and – The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance; and – Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 3. With respect to the insurance described in the foregoing Section of this Exhibit A, if any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide 30 days written notice thereof to the Customer and shall take all necessary actions to correct such cancellation in coverage 19 limits, and shall provide written notice to the Customer of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs advanced by the Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 4. Redflex shall provide certificates of insurance evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms of this Agreement. 20 Exhibit “B” Compensation Payable to Redflex. 1. Customer shall pay to Redflex $5 per each and every “Registration Hold”, “FLAG” and/or “REGISTRATION DECISION” issued, determined, approved and/or rendered by the Texas Department of Motor Vehicles, and/or Dallas County Tax Assessor at the Customer’s discretion and/or agent and/or authorized representative thereof, in the initial batch file submitted. 2. Customer shall pay to Redflex $10 per each and every “Registration Hold”, “FLAG” and/or “REGISTRATION DECISION” issued, determined, approved and/or rendered by the Texas Department of Motor Vehicles, and/or Dallas County Tax Assessor at the Customer’s discretion and/or agent and/or authorized representative thereof, in each subsequent batch file submitted. 3. Invoicing for the service herein to be held for 90 days following the submission of the initial batch file. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1215 File ID: Type: Status: 2013-1215 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 08/05/2013File Created: 08/13/2013Final Action: City Manager's ReportFile Name: Title: Project Updates and Future Agendas. Notes: Agenda Date: 08/13/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed08/13/2013City Council Read and Filed City Manager Clay Phillips spoke about the Sandy Lake Road Improvements. He said the project is still months away from completion, so he encourages all residents to seek an alternate route. He also mentioned Mockingbird Lane is going very well. It looks to be completed before school ends. Regarding future agendas, Mr. Phillips reminded Council that the Public Hearing for the Municipal Budget will be on the August 27th agenda with the vote before Council on the September 10th agenda. Action Text: Text of Legislative File 2013-1215 Title Project Updates and Future Agendas. Summary Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1215) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2013-1224 File ID: Type: Status: 2013-1224 Agenda Item Read and Filed 1Version: Reference: In Control: City Secretary 08/08/2013File Created: 08/13/2013Final Action: Mayor and Council ReportsFile Name: Title: Report on the Transportation and Infrastructure Summit in Irving. Notes: Agenda Date: 08/13/2013 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 Read and Filed08/13/2013City Council Read and Filed Councilmember Mays reported on the Transportation and Infrastructure Summit held in Irving. Mayor Hunt, Councilmembers Roden and Mays and George Marshall, Traffic Engineer, were all in attendance. The discussion at the Summit included: sessions on the capacities of the road ways, financing and water infrastructure. Action Text: Text of Legislative File 2013-1224 Title Report on the Transportation and Infrastructure Summit in Irving. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Page 1City of Coppell, Texas Printed on 12/28/2017 Master Continued (2013-1224) Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 12/28/2017