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CP 2017-05-23City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, May 23, 2017 KAREN HUNT WES MAYS Mayor Mayor Pro Tem CLIFF LONG NANCY YINGLING Place 1 Place 5 BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN Place 2 Place 6 GARY RODEN MARK HILL Place 4 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1.Call to Order 2.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding Mayor Pro Tem appointment. B.Discussion regarding 20NEXT - Community Vision Process. C.Discussion regarding the City Council agenda process. D.Discussion regarding Agenda Items. 20NEXT Memo.pdf Council Agenda Memo.pdf Attachments: Page 1 City of Coppell, Texas Printed on 5/19/2017 May 23, 2017City Council Meeting Agenda OR 2001-964 Conducting City Council meetings.pdf Regular Session (Open to the Public) 3.Invocation 7:30 p.m. 4.Pledge of Allegiance 5.Swearing in of Councilmembers for Places 1, 3, 5, and 7. 6.Presentation and recognition of being 1st Place in the “Its Time Texas Community Challenge - 2017” for the third consecutive year. 2017 Its Time Texas Recognition Memo.pdfAttachments: 7.Citizens’ Appearance 8.Consent Agenda A.Consider approval of the minutes: May 9 and May 12, 2017. Minutes 2017-05-09.pdf Minutes 2017-05-12.pdf Attachments: B.Consider approval to enter into a Project Specific Agreement (PSA) with Dallas County for maintenance and improvements to Belt Line Rd.; in the amount of $99,611.95; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Dallas County PSA Memo.pdf Dallas County PSA Beltline Rd Exhibit.pdf Dallas County PSA Contract.pdf PSA Beltline Rd Attachment A.pdf MASTER Interlocal Agreement.pdf Attachments: C.Consider approval of an Ordinance of City of Coppell, Texas approving a negotiated settlement between the ATMOS Cities Steering Committee (“ACSC”) and ATMOS ENERGY CORP., Mid-Tex Division regarding the 2017 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest; requiring reconciliation and rate adjustments if Federal income taxes change; terminating the Rate Review Mechanism (RRM) Process for 2018 pending renegotiation of RRM terms and conditions; requiring the company to reimburse ACSC’s reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirement of the Texas Open Meetings Act; adopting a savings Page 2 City of Coppell, Texas Printed on 5/19/2017 May 23, 2017City Council Meeting Agenda clause; declaring an effective date; requiring delivery of this ordinance to Atmos; and authorizing the Mayor to sign. 2017 Atmos Rate Case Memo.pdf 2017 ATMOS Ordinance.pdf Attachments: D.Consider approval of amending the Code of Ordinances by amending Chapter 9 “General Regulations”, Article 9-1. “Animal Services”, by amending Section 9-1-1, Section 9-1-4-, Section 9-1-5, Section 9-1-7 and Section 9-1-10; and authorizing the Mayor to sign. Memo.pdf Ordinance Amendment - Animal Services.pdf Attachments: End of Consent Agenda 9.PUBLIC HEARING: Consider approval of an Ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and authorizing the Mayor to sign. Memo.pdf Ordinance.pdf Standards of Care.pdf Attachments: 10.Consider approval of a contract with Halff Associates, Inc., for Professional Engineering Services associated with the Belt Line Road Reconstruction project; in an amount not to exceed $1,226,000.00; funded from the Capital Improvement Program funds; and authorizing the City Manager to sign necessary documents. Belt Line Design Memo.pdf Belt Line Reconstruction Exhibit.pdf Belt Line Design Contract.pdf Belt Line Preliminary OPC.pdf Attachments: 11.Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. 12.City Manager Reports - Project Updates and Future Agendas 13.Mayor and Council Reports Report by Mayor Hunt on upcoming local events. 14.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A.Dallas Regional Mobility Coalition - Mayor Hunt and Councilmember Roden B.Metrocrest Community Clinic - Councilmember Hill Page 3 City of Coppell, Texas Printed on 5/19/2017 May 23, 2017City Council Meeting Agenda C.Metrocrest Services - Councilmembers Franklin and Hill 15.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 16.Necessary Action from Executive Session Adjournment ________________________ Karen Selbo Hunt, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 19th day of May, 2017, at _____________. ______________________________ Christel Pettinos, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION 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). Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Page 4 City of Coppell, Texas Printed on 5/19/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3398 File ID: Type: Status: 2017-3398 Agenda Item Work Session 1Version: Reference: In Control: City Council 05/15/2017File Created: Final Action: Work SessionFile Name: Title: A.Discussion regarding Mayor Pro Tem appointment. B.Discussion regarding 20NEXT - Community Vision Process. C.Discussion regarding the City Council agenda process. D.Discussion regarding Agenda Items. Notes: Agenda Date: 05/23/2017 Agenda Number: Sponsors: Enactment Date: 20NEXT Memo.pdf, Council Agenda Memo.pdf, OR 2001-964 Conducting City Council meetings.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 05/23/2017City Council Text of Legislative File 2017-3398 Title A.Discussion regarding Mayor Pro Tem appointment. B.Discussion regarding 20NEXT - Community Vision Process. C.Discussion regarding the City Council agenda process. D.Discussion regarding Agenda Items. Summary Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3398) 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 5/19/2017 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: May 23, 2017 Reference: Discussion regarding 20NEXT – Community Vision Process Introduction: Per Council’s direction at the most recent retreat, this item is being placed on the May 23rd and June 13th agendas to provide the opportunity to discuss the community visioning process and facilitator expectations. MEMORANDUM To: Mayor and City Council From: Christel Pettinos, City Secretary Date: May 23, 2017 Reference: Discussion regarding the City Council Agenda Process. Introduction: City Attorney Robert Hager will be leading the Work Session discussion on the proposed amendments to the City Council Agenda Process. Attached is the ordinance as it is codified today. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3393 File ID: Type: Status: 2017-3393 Agenda Item Agenda Ready 1Version: Reference: In Control: City Secretary 05/12/2017File Created: Final Action: Swearing inFile Name: Title: Swearing in of Councilmembers for Places 1, 3, 5, and 7. Notes: Agenda Date: 05/23/2017 Agenda Number: 5. 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 05/23/2017City Council Text of Legislative File 2017-3393 Title Swearing in of Councilmembers for Places 1, 3, 5, and 7. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3393) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/19/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3392 File ID: Type: Status: 2017-3392 Agenda Item Agenda Ready 1Version: Reference: In Control: City Secretary 05/12/2017File Created: Final Action: LWiC presentationFile Name: Title: Presentation and recognition of being 1st Place in the “Its Time Texas Community Challenge - 2017” for the third consecutive year. Notes: Agenda Date: 05/23/2017 Agenda Number: 6. Sponsors: Enactment Date: 2017 Its Time Texas Recognition Memo.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 05/23/2017City Council Text of Legislative File 2017-3392 Title Presentation and recognition of being 1st Place in the “Its Time Texas Community Challenge - 2017” for the third consecutive year. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3392) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/19/2017 1 MEMORANDUM To: Mayor and City Council From: Mario Canizares, Deputy City Manager Date: May 23, 2017 Reference: Presentation and recognition of being 1st Place in the “Its Time Texas Community Challenge - 2017” for the third consecutive year 2030: Community Wellness & Enrichment; Sense of Community Introduction: For the last three years, the City of Coppell has participated in the It’s Time Texas (ITT) Community Challenge which is a state-wide initiative to encourage individuals to adopt healthy eating habits and become more physically active. The program is conducted during the months of January through March of each year and it is done through a competition of City Mayors to encourage their city to take on another like sized community to determine who is the “most healthy” in Texas. In addition to cities, there is a category for school districts to participate. Since Coppell began participating in 2015, the City has garnered 1st place every single year. This year, the Coppell ISD received 1st place among similarly sized school districts. The entire ITT Community Challenge effort has been led by very active volunteers throughout the Coppell community. In fact, the most active participants are Senior Citizens who utilize the Senior/Community Center. The CISD is also very active through the elementary student population by making the activities fun for the students while exercising at the same time. Because of these efforts, the City of Coppell has once again won 1st place in its population size category, added community spirit, and become a state-wide leader regarding its commitment to healthy and active living. At the May 23rd City Council meeting several community members will be on hand to publicly recognize the City’s effort in the 2017 It’s Time Texas Community Challenge. Analysis: This item did not require analysis. Legal Review, Fiscal Impact, and Recommendation: There is no legal review, fiscal impact, or recommendation required. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3395 File ID: Type: Status: 2017-3395 Agenda Item Consent Agenda 1Version: Reference: In Control: City Secretary 05/12/2017File Created: Final Action: MinutesFile Name: Title: Consider approval of the minutes: May 9 and May 12, 2017. Notes: Agenda Date: 05/23/2017 Agenda Number: A. Sponsors: Enactment Date: Minutes 2017-05-09.pdf, Minutes 2017-05-12.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 05/23/2017City Council Text of Legislative File 2017-3395 Title Consider approval of the minutes: May 9 and May 12, 2017. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3395) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/19/2017 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, May 9, 2017 KAREN HUNT WES MAYS Mayor Mayor Pro Tem CLIFF LONG NANCY YINGLING Place 1 Place 5 BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN Place 2 Place 6 GARY RODEN MARK HILL Place 4 Place 7 MIKE LAND City Manager Karen Hunt;Cliff Long;Brianna Hinojosa-Flores;Wes Mays;Gary Roden;Marvin Franklin;Mark Hill and Nancy Yingling Present 8 - Also present were City Manager Mike Land, Deputy City Manager Mario Canizares, Deputy City Secretary Jean Dwinnell and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, May 9, 2017 at 5:30 p.m. in the City Council Chambers of Town Center, 255 parkway Boulevard, Coppell, Texas. Call to Order1. 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 Northpoint Drive and west of Royal Lane. No discussion was held on this item. B.Discussion regarding economic development prospects south of E. Belt Line Road and east of S. Belt Line Road. Discussed under Executive Session. Page 1City of Coppell, Texas May 9, 2017City Council Minutes Work Session (Open to the Public) 1st Floor Conference Room3. A. Presentation and discussion related to the Rolling Oaks Memorial Cemetery Master Plan. B. Discussion regarding the proposed Coppell Art Center. C. Discussion regarding an interlocal agreement to share Bibliotecha CloudLink eBooks and eAudiobooks. D. Discussion regarding Agenda Items. Presented in Work Session. Regular Session (Open to the Public) Invocation 7:30 p.m.4. Reverend Tom Palmer with First United Methodist Church gave the invocation. Pledge of Allegiance5. Coppell Police Department Honor Guard presented the Colors and Mayor Hunt and the City Council led those present in the Pledge of Allegiance. 6.Consider approval of a Proclamation naming the week of May 15 - 21, 2017 as National Police Week and designating May 15, 2017 as National Police Officer’s Memorial Day; and authorizing the Mayor to sign. A motion was made by Councilmember Gary Roden, seconded by Councilmember Brianna Hinojosa-Flores, that a Proclamation naming the week of May 15-21, 2017 as "National Police Week" and designating May 15, 2017 as "National Police Officer's Memorial Day" be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 7 - 7.Consider approval of a proclamation recognizing the month of May as “Building Safety Month;” and authorizing the Mayor to sign. A motion was made by Mayor Pro Tem Wes Mays, seconded by Councilmember Cliff Long, that a Proclamation recognizing the month of May as "Building Safety Month," be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 7 - 8.Consider approval of a Proclamation recognizing the month of May as Page 2City of Coppell, Texas May 9, 2017City Council Minutes “Mental Health Month;” and authorizing the Mayor to sign. A motion was made by Councilmember Nancy Yingling, seconded by Councilmember Brianna Hinojosa-Flores, that a Proclamation recognizing the month of May as "Mental Health Month," be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Wes Mays;Councilmember Gary Roden;Councilmember Marvin Franklin;Councilmember Mark Hill and Councilmember Nancy Yingling 7 - Citizens’ Appearance There was no one present wishing to speak. 9. Consent Agenda10. A.Consider approval of the minutes: April 25, 2017. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. B.Consider approval of an Ordinance for S-1261-C, Wing Stop, a zoning change request from C (Commercial) to S-1261-C (Special Use Permit-1261-Commercial), to allow a 1,500-square-foot restaurant with approximately 32 seats and pick-up service located at 150 South Denton Tap Road, Suite 105; and authorizing the Mayor to sign. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. Enactment No: 91500-A-0711 C.Consider approval of the revised Rolling Oaks Memorial Cemetery Master Plan, with Phase II development option that allows for expansion and improvements to the existing developed property, burial options and features. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. D.Consider award of Bid Q-0417-02 for a Tree Maintenance Services Annual Contract, by Elite Tree Service, as budgeted; and authorize the City Manager to sign all necessary documents. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. E.Consider approval to award a contract to Fuquay Inc. to perform Page 3City of Coppell, Texas May 9, 2017City Council Minutes manhole rehabilitation; in the amount of $200,000.00; through a Buy Board Cooperative Purchasing Program; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. F.Consider approval for the purchase of one replacement crane truck for the Public Works Department in the amount of $99,838.00; as budgeted; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. G.Consider approval of the resignation of Janet Maccubbin from the Park Board and to recommend alternate board member, Earl Nesbitt, to fill the remaining unexpired term. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. H.Consider approval of the resignation of Harold Copher, Jr. from the Board of Adjustment. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. I.Consider approval to enter into an interlocal agreement between the municipalities of Lewisville, Burleson, Carrollton, Colleyville, Euless, McKinney, Flower Mound, Southlake, Sachse, Little Elm, and the City of Coppell to allow Coppell citizens to access the Bibliotheca cloudLibrary digital resources in the named cities; and authorizing the Mayor to sign any necessary documents. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. J.Consider approval of changes to the Library Board Bylaws to reflect current practice. A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin, that Consent Agenda Items A-J be approved. The motion passed by a unanimous vote. End of Consent Agenda City Manager Reports - Project Updates and Future Agendas11. Page 4City of Coppell, Texas May 9, 2017City Council Minutes City Manager Mike Land reported that there will be a meeting held on Thursday evening, May 11th, to discuss Parkway Boulevard construction between Heartz and Moore; that grass is being laid at Andy Brown East; and the Arts Festival will be held in Old Town on May 20th. Mayor and Council Reports12. Report by Mayor Hunt regarding local events. Mayor Hunt announced the second annual fundraising event, “A Night for Nepal,” will be held on May 13th at 3 p.m. in the Town Center Plaza. Hosted by a group of high school students, the mission is to raise awareness and money to help contribute toward building schools and a library in Gorkha, Nepal. The event will feature performances from CHS students, as well as face painting, sports games and a bounce house. Their goal is to exceed last year’s success of $4,000. Also, Celebrate Coppell will be held on July 1st. We will celebrate Independence Day at the Grand Re-Opening of Andrew Brown Park East. Mark your Calendars to join us for this day of family fun beginning with a 5K/Fun Run at 8:00 a.m. and ending with fireworks at 9:30 p.m. Report by Councilmember Yingling regarding Gatehouse. Councilmember Nancy Yingling reported that she and Police Chief Tristan toured The Gatehouse, a domestic abuse safe house in Grapevine. Councilmember Yingling reviewed statistics of family violence and what was offered at The Gatehouse. Chief Tristan advised that he had not heard about The Gatehouse prior to Councilmember Yingling asking him to take the tour. He further advised that he had only known of safehouses in Dallas prior to this tour and that he is glad to know there is a place for women to get help closer than Dallas. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 13. There were no announcements. Necessary Action from Executive Session14. There was no action from Executive Session. Adjournment There being no further business before the City Council, Mayor Hunt adjourned the meeting at 8:22 p.m. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 5City of Coppell, Texas May 9, 2017City Council Minutes Page 6City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 7:30 AM Council ChambersFriday, May 12, 2017 Special Called City Council Meeting KAREN HUNT WES MAYS Mayor Mayor Pro Tem CLIFF LONG NANCY YINGLING Place 1 Place 5 BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN Place 2 Place 6 GARY RODEN MARK HILL Place 4 Place 7 MIKE LAND City Manager Karen Hunt;Cliff Long;Wes Mays and Nancy YinglingPresent4 - Brianna Hinojosa-Flores;Gary Roden;Marvin Franklin and Mark HillAbsent4 - Also present were City Manager Mike Land, Deputy City Secretary Jean Dwinnell and City Attorney Robert Hager. The City Council of the City of Coppell met in Special Called Session on Thursday, May 12, 2017 at 7:30 a.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Hunt called the meeting to order and determined that the required number of Councilmembers to canvass an election were present at 7:32 a.m. 2.Consider approval of a Resolution canvassing the returns and declaring the results of the Municipal Election held on May 6, 2017, electing City Councilmembers to Places 1, 3, 5, and 7. City Attorney Robert Hager read the proposed resolution into the record. A motion was made by Mayor Pro Tem Wes Mays, seconded by Councilmember Long, that a resolution canvassing the returns and declaring Page 1City of Coppell, Texas May 12, 2017City Council Minutes the results of the Municipal Election, held on May 6, 2017, electing City Councilmembers to Places 1, 3, 5, and 7 be approved. The motion passed by a unanimous vote. Aye:Councilmember Cliff Long;Mayor Pro Tem Wes Mays and Councilmember Nancy Yingling 3 - 3.Swearing in of Councilmembers for Places 1, 3, 5, and 7. This item was postponed until the Regular meeting of the City Council on May 23, 2017. Adjournment There being no further business before the City Council, Mayor Hunt adjourned the meeting at 7:40 a.m. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 2City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3369 File ID: Type: Status: 2017-3369 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 05/01/2017File Created: Final Action: Belt Line PSAFile Name: Title: Consider approval to enter into a Project Specific Agreement (PSA) with Dallas County for maintenance and improvements to Belt Line Rd.; in the amount of $99,611.95; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 05/23/2017 Agenda Number: B. Sponsors: Enactment Date: Dallas County PSA Memo.pdf, Dallas County PSA Beltline Rd Exhibit.pdf, Dallas County PSA Contract.pdf, PSA Beltline Rd Attachment A.pdf, MASTER Interlocal 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: 1 05/23/2017City Council Text of Legislative File 2017-3369 Title Consider approval to enter into a Project Specific Agreement (PSA) with Dallas County for maintenance and improvements to Belt Line Rd.; in the amount of $99,611.95; as budgeted in Infrastructure Maintenance Fund; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: Funds have been budgeted in the Infrastructure Maintenance Fund for roadway repairs. Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3369) Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 5/19/2017 1  MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: May 9, 2017 Reference: Dallas County Project Specific Agreement 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Belt Line Rd. was original built in the mid 1980’s.  Belt Line Rd. is anticipated to be completely reconstructed in 2020/2021.  This repair will prolong the life until it can be reconstructed.  Dallas County will perform asphalt repairs for $99,611.95 Introduction: This agenda item is being presented for approval to enter into a Project Specific Agreement (PSA) with Dallas County for maintenance and improvements to Belt Line Rd. in the amount of $99,611.95. Analysis: The City of Coppell budgets for maintenance and repair of our streets through our Infrastructure Maintenance Fund. The projects identified for this year include repairs to Belt Line Rd. Also, this year we budgeted design funds for Belt Line Rd. so the entire street can be reconstructed beginning in 20/21. Approval of this agenda item will allow Dallas County to perform asphalt repairs to the roadway to prolong the life of the road until it can be reconstructed. In accordance with the Master Interlocal Agreement that was approved by Council in 2014 and renewed every 5 years, the city will fund 100% of the cost of labor and materials for this work and Dallas County will supply the equipment and personnel to perform the work. Dallas County Road and Bridge crews have completed many similar projects for the city in the past, and we are confident they will do a good job here as well. Legal Review: This Master Interlocal Agreement was reviewed by the attorneys. 2  Fiscal Impact: The approval of this agreement will have a financial impact of $99,611.95. Recommendation: The Engineering Department recommends approval of this agreement. Proposed Temporary Asphalt Repairbelt line RoadAttachment "B"Created in ACAD20151 INCH = 1 MILE0W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2017.dwg\BE;T LINE REPAIR LOCCreated on: May 1, 2017 by Kevin Rubalcaba1/21/2 1 1 INCH = FT.0200020001000Proposed Temporary Asphalt Repairbelt line RoadAttachment "B"Created in ACAD2015W:\GIS\Projects\Exhibit Location Maps\ACAD\EXHIBITS 2017.dwg\BELT LINE REPAIRCreated on: May 2, 2017 by Kevin Rubalcaba2/2AREA OF PROPOSEDREPAIR PSA- 2017 CITY OF COPPELL, BELTLINE RD 05 03 2017 1 PROJECT SPECIFIC AGREEMENT Re: BELTLINE RD. PURSUANT TO MASTER ROAD & BRIDGE INTERLOCAL MAINTENANCE AGREEMENT BETWEEN DALLAS COUNTY AND CITY OF COPPELL TEXAS This Project Specific Agreement, (hereinafter “PSA”), supplemental to the Master Interlocal Agreement, is made by and between Dallas County, Texas (hereinafter “County”) and the City of Coppell, Texas (hereinafter “City”), acting by and through their duly authorized representatives and officials, for the purpose of transportation-related maintenance, repairs and improvements to be undertaken in the City of Coppell, Texas (“Project”). WHEREAS, Chapter 791 of the Texas Government Code and Chapter 251 of the Texas Transportation Code provides authorization for local governments to contract amongst themselves for the performance of governmental functions and services; WHEREAS, on or about March 4, 2014, County and City entered into a Master Interlocal Agreement (“Agreement”), whereby County agreed to provide road and bridge maintenance and repair on “Type E” roadways, situated within the territorial limits and jurisdiction of City, such maintenance to be fully funded and paid for at City’s costs and expense; and WHEREAS, City now desires County to perform such maintenance and repairs, consisting of an asphalt level-up located at 900 to 1400 S. Beltline Rd. from Southwestern to Coppell City limits, in City of Coppell, Texas, as more fully described on Attachment “A”; NOW THEREFORE THIS PSA is made by and entered into by County and City, for the mutual consideration stated herein. Witnesseth Article I Project Specific Agreement This PSA is specifically intended to identify a Project authorized under the Master Agreement. This document sets forth the rights and responsibilities pertaining to each party hereto, and is additional and supplemental to the Master Agreement, and all amendments and supplements thereto, which are incorporated herein. All terms of the Master Agreement remain in full force and effect, except as modified herein. In the event of any conflict between the Master Agreement and this PSA, this PSA shall control. Article II Incorporated Documents This PSA incorporates, as if fully reproduced herein word for word and number for number, the following items: 1. Master Agreement authorized by County Commissioners Court Order 2014-0309, dated March 4, 2014, and additions thereto as incorporated herein, PSA- 2017 CITY OF COPPELL, BELTLINE RD 05 03 2017 2 2. The Construction Estimate (Attachment “A”), and 3. Map/Diagram of the Proposed Work, (Attachment “B”). Article III `Term of Agreement This PSA becomes effective when signed by the last party whose signature makes the agreement fully executed and shall terminate upon the completion and acceptance of the Project by City or upon the terms and conditions in the Master Agreement. Article IV Project Description This PSA is entered into by the parties for repair, maintenance and improvements conducted on “Type E” public roadway within the City Coppell, Texas. The Project shall consist of an asphalt level-up located at 900 to 1,400 S. Beltline Rd. from Southwestern to Coppell City limits, within the City of Coppell, Texas, and as more fully described in Attachments “A” and “B”. The Project is authorized by the aforementioned Master Agreement, with the parties’ obligations and responsibilities governed thereby, as well as by the terms and provisions of this PSA. The Project will facilitate the safe and orderly movement of public transportation to benefit both the City and County. The City has and hereby gives its approval for expenditure of County for the construction, improvement, maintenance or repair of a street located within the municipality. Article V Fiscal Funding Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability of County funding for each item and obligation contained herein. City shall have no right of action against the County of Dallas as regards this PSA, specifically including any funding by County of the Project in the event that the County is unable to fulfill its obligations under this PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or terminate this PSA. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability of City funding for each item and obligation contained herein. County shall have no right of action against the City as regards this PSA, specifically including any funding by City of the Project in the event that the City is unable to fulfill its obligations under this PSA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the City, at its sole discretion, may provide funds from a separate source or terminate this PSA. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. PSA- 2017 CITY OF COPPELL, BELTLINE RD 05 03 2017 3 Article VI Agreements I. City’s Responsibilities: 1. City, at its own expense, shall be responsible for the following: (a) posting appropriate and required notices to inform the public of the proposed maintenance or construction activity, (b) acquiring any right-of-way necessary to complete the Project under consideration, (c) locating all manholes, water valves, and other utilities within the Project, (d) making all utility relocations or adjustments necessary for the Project, (e) remediation of any hazardous or regulated materials, or other environmental hazard on or near the Project site, and (f) where necessary or as requested by County, providing appropriate traffic control support, including but not limited to flagging, cones, barricades, shadow vehicles, arrow boards, signage, police presence, etc., to enable the Project to be completed in a timely and safe manner. 2. City shall be responsible for maintaining the Project site once the project is completed. III. County Responsibilities: 1. County, shall be responsible for the following: (a) locating, marking and adjusting (with City assistance) all visible manholes and water valve covers within the Project, (b) contacting Texas 811 “Call before you dig” in compliance with State Law (c) providing appropriate work zone traffic control, including but not limited to flagging, cones, barricades, shadow vehicles, arrow boards, signage, etc., to enable the Project to be completed in a timely and safe manner. 2. County shall be responsible for performing all maintenance responsibilities and services contemplated hereunder, as more fully set forth in Attachment “A”, in a good and workmanlike manner. IV. Funding: County and City mutually agree that City shall be responsible to pay One Hundred Percent (100%) of the costs and expenses necessary to carry out and to perform the Project, provided: 1. City shall only be liable and responsible for the amounts set forth in this PSA, and any properly executed amendments and/or supplements hereto, and 2. Should unforeseen and unforeseeable circumstances arise which adversely and materially impact the costs and expenses necessary to complete the Project as contemplated, County and City shall renegotiate the terms hereof, taking into proper account then-current conditions and estimated total costs to complete the Project. 3. Once approved by County, and before commencement of the Project by County, City shall segregate, set aside and place into an escrow account with the Dallas County Treasurer, One Hundred and Eleven-Thousand, Five-Hundred Ninety-Two Dollars and Fifty-Two cents ($111,592.52), representing the full amount to be paid to County either through monthly invoicing or upon completion of the Project. PSA- 2017 CITY OF COPPELL, BELTLINE RD 05 03 2017 4 Article VII Miscellaneous: I. Indemnification. County and City agree that each shall be responsible for its own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any governmental immunity available to County or City or their respective officials, officers, employees, or agents under Texas or other law and without waiving any available defenses under Texas or other law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. II. No Third Party Beneficiaries. The terms and provisions of this PSA are for the benefit of the parties hereto and not for the benefit of any third party. It is the express intention of County and City that any entity other than County or City receiving services or benefits under this PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the contractual right and responsibilities of the parties hereto. III. Applicable Law. This PSA is and shall be expressly subject to the County’s and City’s Sovereign Immunity and/or Governmental Immunity of City, Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable Federal and State Law. This PSA shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal action regarding this PSA shall lie in Dallas County, Texas. IV. Notice. All notices, requests, demands, and other communication under this PSA shall be tendered in writing and shall be deemed to have been duly given when either delivered in person, via e-mail, or via certified mail, postage prepaid, return receipt requested to the respective parties as follows: COUNTY: Director of Public Works Commissioner Mike Cantrell Dallas County and Dallas County Commissioner, District #2 411 Elm Street, Suite 400 411 Elm Street, Second Floor Dallas, Texas 75202 Richardson, Texas 75202 CITY: City Manager City of Coppell, Texas P.O. Box 9478 Coppell, Texas 75019 V. Assignment. This PSA may not be assigned or transferred by either party without the prior written consent of the other party. PSA- 2017 CITY OF COPPELL, BELTLINE RD 05 03 2017 5 VI. Binding Agreement; Parties Bound. Upon execution by the parties, this PSA shall constitute a legal, valid and binding obligation of the parties, their successors and permitted assigns. VII. Amendment. This PSA may not be amended except in a written instrument specifically referring to this PSA and signed by the parties hereto. VIII. Counterparts. This PSA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IX. Severability. If one or more of the provisions in this PSA shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as if such provision had never been contained herein, and shall not affect the remaining provisions of this PSA, which shall remain in full force and effect. X. Entire Agreement. This PSA embodies the complete agreement of the parties, and except where noted, it shall supersedes previous and/or contemporary agreements, oral or written, between the parties and relating to matters in the PSA. XI. Contingent. This PSA is expressly subject to and contingent upon formal approval by the Dallas County Commissioners Court and by resolution of the City of Coppell, Texas. The City of Coppell, State of Texas, has executed the Agreement pursuant to duly authorized City Council Action on __________, ______ , 2017. The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number ___________ and passed on the ____day of ___________, 2017. Executed this the _____day of Executed this the ______ day of ___________________, 2017. ______________________, 2017. CITY OF COPPELL: COUNTY OF DALLAS: _______________________________ _______________________________ KAREN SELBO HUNT CLAY LEWIS JENKINS MAYOR COUNTY JUDGE PSA- 2017 CITY OF COPPELL, BELTLINE RD 05 03 2017 6 ATTEST: APPROVED AS TO FORM: CHRISTEL PETTINOS FAITH JOHNSON DISTRICT ATTORNEY ________________________________ CITY SECRETARY ____________________________ Sherri Turner Assistant District Attorney APPROVED AS TO FORM: CITY OF COPPELL ______________________ Robert E. Hagar City Attorney *By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Attachment "A" Date: May 2, 2017For: City of Coppell Subject: Beltline Road from City Limits to Southwestern Blvd Total Cost Estimate:$111,591.52 Cost/Sq.Yd:$11.09 Escrow credit available $11,979.57 Amount due after credit applied $99,611.95 Labor Cost Quantity Units Unit Cost Total Haul Level-up Asphalt 800 Tons $3.00 $2,400.00 Asphalt in Place 10,065 Sq. Yds.$4.00 $40,260.00 $42,660.00 Hours Units Unit Cost Total Equipment Cost 711 Hours $34.32 $24,401.52 $24,401.52 Material Cost Quantity Units Unit Cost Total Emulsion 1,510 Gal $3.00 $4,530 1" to 2" Inches Type D Asphalt Level- up 800 Tons $50.00 $40,000.00 $44,530.00 Grand Total $111,591.52 Sy.Yds Lane Miles Beltline Road from City Limits to Southwestern Blvd 10,065 1.716 Construction Estimate Dallas County District 4 Dr. Elba Garcia, Commissioner Scope of Work: (1) Set up signs and traffic control devices; (2) Clean and sweep; (3) Apply emulsion; (4) Apply 1" to 2" Type (D) asphalt level-up course and compact; (5) Clean, sweep and remove traffic control devices. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3391 File ID: Type: Status: 2017-3391 Agenda Item Consent Agenda 1Version: Reference: In Control: City Secretary 05/12/2017File Created: Final Action: ATMOSFile Name: Title: Consider approval of an Ordinance of City of Coppell, Texas approving a negotiated settlement between the ATMOS Cities Steering Committee (“ACSC”) and ATMOS ENERGY CORP., Mid-Tex Division regarding the 2017 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest; requiring reconciliation and rate adjustments if Federal income taxes change; terminating the Rate Review Mechanism (RRM) Process for 2018 pending renegotiation of RRM terms and conditions; requiring the company to reimburse ACSC’s reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirement of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; requiring delivery of this ordinance to Atmos; and authorizing the Mayor to sign. Notes: Agenda Date: 05/23/2017 Agenda Number: C. Sponsors: Enactment Date: 2017 Atmos Rate Case Memo.pdf, 2017 ATMOS Ordinance.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 05/23/2017City Council Text of Legislative File 2017-3391 Title Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3391) Consider approval of an Ordinance of City of Coppell, Texas approving a negotiated settlement between the ATMOS Cities Steering Committee (“ACSC”) and ATMOS ENERGY CORP., Mid-Tex Division regarding the 2017 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the settlement tariffs to be just and reasonable and in the public interest; requiring reconciliation and rate adjustments if Federal income taxes change; terminating the Rate Review Mechanism (RRM) Process for 2018 pending renegotiation of RRM terms and conditions; requiring the company to reimburse ACSC’s reasonable ratemaking expenses; determining that this ordinance was passed in accordance with the requirement of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; requiring delivery of this ordinance to Atmos; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] 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 5/19/2017 1 MEMORANDUM To: Mayor and City Council From: Mario Canizares, Deputy City Manager Date: May 23, 2017 Reference: Consideration of an Ordinance Regarding the Approval of a Negotiated Settlement with Atmos Energy Corp., Regarding the 2017 Rate Review Mechanism filings and its Supporting Documents Implementing the New Natural Gas Rates within the City of Coppell 2030: Sustainable City Government, Business Prosperity, Special Place to Live Introduction: The City of Coppell along with approximately 150 other cities are members of the Atmos Cities Steering Committee (ACSC) which covers almost 1.2 million residential Atmos Gas customers. The Rate Review Mechanism (RRM) Tariff was originally adopted by ACSC member cities in 2007 as an alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to recover capital investments. The 2017 RRM filing is the fifth RRM filing under the renewed RRM Tariff. On March 1, 2017, Atmos made a filing requesting $57.4 million additional revenues on a system- wide basis. Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the Company requesting $46.4 million from other municipalities. Analysis: The tariffs attached to the Ordinance approve rates that will increase the Company’s revenues by $38.8 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2017. The monthly residential customer charge will be $19.60. The consumption charge will be $0.14 per Ccf (100 cubic feet). The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $2.04, or about 3.87%. The typ ical commercial customer will see an increase of $6.27, or 2.37%. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate settlement resolving the 2017 RRM filing, and implementing the rate change. The RRM process is more favorable than the GRIP process that is within the purview of the Railroad Commission. 2 Legal Review The City Attorney’s Office has reviewed the model ordinance and concurs with is approval. The ordinance and the supporting documentation was prepared by the Committee’s legal counsel Geoffrey Gay. Fiscal Impact There is no fiscal impact to the City of Coppell as this is a regulatory item for consideration. Recommendation: They City Manager’s Office recommends approval of the model ordinance. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY’S 2017 RATE REVIEW MECHANISM FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING RECONCILIATION AND RATE ADJUSTMENTS IF FEDERAL INCOME TAX RATES CHANGE; TERMINATING THE RRM PROCESS FOR 2018 PENDING RENEGOTIATION OF RRM TERMS AND CONDITIONS; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and 2 WHEREAS, on March 1, 2017, Atmos Mid-Tex filed its 2017 RRM rate request with ACSC Cities; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2017 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $48 million on a system-wide basis; and WHEREAS, the attached tariffs implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; WHEREAS, the Company and ACSC have agreed that rates should be adjusted if any change in federal income tax rates is implemented during the period that rates approved herein remain in place; and WHEREAS, because ACSC believes that certain provisions of the current terms and conditions of the RRM tariff are inconsistent with market conditions, the City expects renegotiation of the current RRM tariff in the Summer of 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the findings set forth in this Ordinance are hereby in all things approved. 3 Section 2. That the City Council finds that the settled amount of an increase in revenues of $48 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2017 RRM filing, is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Section 3. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $48 million in revenue over the amount allowed under currently approved rates, as shown in the Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are hereby adopted. Section 4. That the ratemaking treatment for pensions and other post-employment benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment C, attached hereto and incorporated herein. Section 5. Consistent with Texas Utilities Code Section 104.055(c), Atmos Energy’s recovery of federal income tax expense through the Rider RRM has been computed using the statutory income tax rate. In the event that a change in the statutory income tax rate is implemented during the Rider RRM Rate Effective Date, Atmos Energy shall reconcile the difference between the amount of federal income tax expense included in the Rider RRM calculation for the Rate Effective Date with the amount of federal income tax expense authorized under the new statutory income tax rate. The reconciliation period shall be from the date on which any new statutory income tax rate is implemented through the Rate Effective Date. An interest component calculated at the customer deposit interest rate then in effect as approved by the Railroad Commission of 4 Texas shall be applied to the federal income tax expense reconciliation. Further, any required reconciliation of federal income tax expense shall be included as part of Atmos Mid-Tex’s next annual RRM filing and shall be returned to or recovered from customers as a one-time credit or surcharge to the customer’s bill. Section 6. The City requires renegotiation of RRM tariff terms and conditions during the Summer of 20017. If an agreed renegotiated RRM tariff cannot be achieved, the City will terminate the RRM process and consider initiation of a traditional rate case to reduce the Company’s authorized return on equity. Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2017 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 9. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Section 11. That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after June 1, 2017. 5 Section 12. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this day of , 2017. Karen Selbo Hunt, Mayor ATTEST: APPROVED AS TO FORM: Christel Pettinos, City Secretary Robert Hager, City Attorney Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3402 File ID: Type: Status: 2017-3402 Agenda Item Consent Agenda 1Version: Reference: In Control: City Secretary 05/17/2017File Created: Final Action: Animal Regulation OrdinanceFile Name: Title: Consider approval of amending the Code of Ordinances by amending Chapter 9 “General Regulations”, Article 9-1. “Animal Services”, by amending Section 9-1-1, Section 9-1-4-, Section 9-1-5, Section 9-1-7 and Section 9-1-10; and authorizing the Mayor to sign. Notes: Agenda Date: 05/23/2017 Agenda Number: D. Sponsors: Enactment Date: Memo.pdf, Ordinance Amendment - Animal Services.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 05/23/2017City Council Text of Legislative File 2017-3402 Title Consider approval of amending the Code of Ordinances by amending Chapter 9 “General Regulations”, Article 9-1. “Animal Services”, by amending Section 9-1-1, Section 9-1-4-, Section 9-1-5, Section 9-1-7 and Section 9-1-10; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3402) 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 5/19/2017 1 MEMORANDUM To: Mayor and City Council From: Mac Tristan, Chief of Police Date: May 17, 2017 Reference: Consider approval of amending the Code of Ordinances by amending Chapter 9 “General Regulations:, Article 9-1. “Animal Services”, by amending Section 9-1-1, Section 9-1-4-, Section 9-1-5, Section 9-1-7 and Section 9-1-10; to regulate the owning and keeping of a domesticated ferret and authorizing the Mayor to sign”. 2030: Coppell 2030, Healthy Neighborhoods Introduction: The City of Coppell currently prohibits, by ordinance, ownership of domesticated ferrets as a pet. This restriction has been in place for a number of years but there appears to be no compelling reason to continue this prohibition. The purpose of this request is to obtain Council’s approval to modify the existing ordinance to allow for and regulate the owning and keeping of domesticated ferrets as pets. Analysis: The reason for the prohibition of ferret ownership appears to derive from a concern about the impact that ferrets might have on local ecosystems should they escape from their habitat or be released into the wild. This reasoning was anecdotal in nature and unable to be verified as a scientifically valid concern. Domesticated animals generally tend to depend on humans for their continued survival and well-being. Additionally, the ordinance would require domesticated ferrets to be vaccinated and registered with the City in the same manner as dogs and cats. Fiscal Impact: There are no costs associated with amending the ordinance to allow ownership of domesticated ferrets. Legal Review: Agenda item was reviewed and ordinance revisions were prepared by Robert Hager. Recommendation: The Police Department 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 and authorizing the Mayor to sign. ORDINANCE NO. ------~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, BY AMENDING THE CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 9 "GENERAL REGULATIONS", ARTICLE 9-1. "ANIMAL SERVICES", BY AMENDING SECTION 9-1-1 "DEFINITIONS", PROVIDING FOR A NEW DEFINITION FOR 'DOMESTICATED ANIMAL" AND 'FERRET'; AND BY AMENDING DEFINITION OF "PROHIBITED ANIMAL"; BY AMENDING SECTION 9-1-4 "VACCINATION" REDEFINING DOGS AND CATS AND PLACE UNDER NEW DESIGNATION AS 'DOMESTICATED ANIMAL'; BY AMENDING SECTION 9-1-5 "REGISTRATION; LICENSE"; BY AMENDING SECTION 9-1-7 "REVOCATION AND DENIAL OF REGISTRATION"; BY AMENDING SECTION 9-1-10 "IMPOUNDMENT"; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell desires to amend its animal general regulations to regulate the owning of a domesticated ferret ; and WHEREAS, the City desires to add the definition of "Ferret" and amend the definition of "Prohibited Animal " and add definition of "Domesticated Animal " to the Code of Ordinances in Chapter 9 of the Code of Ordinances ; and WHEREAS, the City Council of the City of Coppell , Texas , has determined that it is in the best interest of the health , safety, and general welfare of the community to establish regulations for amending regulations in keeping a domesticated ferret within the City limits ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9, General Regulations , Article 9-1 , Animal Services , Section 9-1-1 Definitions of the Coppell Code of Ordinances , is hereby amended to add a definition of "Domesticated animal " to include dogs , cats and ferret , add definition of "Ferret" and remo ve "Ferrets " from the Prohibited Animal definition , which shall herein read as follows: TM 85442 "CHAPTER 9 -GENERAL REGULATIONS ARTICLE 9-1. ANIMAL SERVICES Sec. 9-1-1. -Definitions. Domesticated animal shall mean an animal of a species of vertebrates that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival, such as dogs, cats and ferrets, but does not include livestock. Ferret shall mean a domesticated animal that is a member of the Family Mustelidae but not include weasels, skunks , martens, mink or badgers. Prohibited animal: 1. Means an animal, other than a common domestic species ..... A. C. Class Mammalia: Order Camivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards, and cougars), except commonly accepted domesticated cats; Family Canidae (such as wolves, wolf-dog hybrids, dingos, coyotes, and jackals), except domesticated dogs; Family Mustelidae (such as weasels , skunks, martens, mink, and badgers, but does not include ferrets); Family Procyonidae (raccoon) but does not include ferrets; ..... ,, SECTION 2. That Chapter 9, General Regulations , Article 9-1, Animal Services, Section 9- 1-4. License Tag by designated veterinarian of the Coppell Code of Ordinances, is hereby amended to redefine dogs and cats and add ferrets under a new designation as "domesticated animals" vaccinated against rabies, which shall herein read as follows: "CHAPTER 9 -GENERAL REGULATIONS ARTICLE 9-1. ANIMAL SERVICES TM 85442 Sec. 9-1-4. -Vaccination. A. The owner or custodian (excluding animal shelters) of each domesticated animal shall have the animal vaccinated against rabies by four months of age ...... Every domesticated animal must be revaccinated against rabies at a minimum of at least once every three years ..... B. Concurrent with the issuance of the certificate of vaccination the veterinarian shall provide to the owner of the domesticated animal a metal rabies tag serially numbered showing the date of vaccination ..... " SECTION 3. That Chapter 9, General Regulations , Article 9-1 , Animal Services, Section 9-1-5. Registration ; license of the Coppell Code of Ordinances , to redefine dogs and cats and add ferrets under a new designation as "domesticated animals ", which shall herein read as follows : "CHAPTER 9 -GENERAL REGULATIONS ARTICLE 9-1. ANIMAL SERVICES Sec. 9-1-5. -Registration; license. A . The owner of a domesticated animal four months of age or older shall annually register the animal with the city ..... . B. C. Except as prov ided in subsection B. . .... if the person owns, keeps, or harbors a domesticated animal ov er four months of age without having such domesticated animal currently licensed by the city. D . A person commits an offense without regard to mental state , if the person owns , keeps , or harbors a domesticated animal required to be licensed ..... E . A person commits an offense without regard to mental state if the person owns , keeps , or harbors a domesticated animal and displays on the animal a city license tag issued to another animal. F. A person commits an offense without regard to mental state if the person owns , keeps , or harbors more than four animals (dogs, cats , ferret, or combination thereof) over six months of age." TM 85442 SECTION 4. That Chapter 9, General Regulations, Article 9-1, Animal Services, Section 9- 1-7. Revocation and denial of registration of the Coppell Code of Ordinances, is hereby amended to delete reference from "dogs and cats" to domesticated animals, which shall herein read as follows: "CHAPTER 9 -GENERAL REGULATIONS ARTICLE 9-1. ANIMAL SERVICES Sec. 9-1-7. -Revocation and denial of registration. B. If the animal services officer revokes or denies registration of a domesticated animal, a written notice of the action and of the right to an appeal shall be given to the owner. ..... C. Within 15 calendar days after receipt of a notice of revocation or denial of registration, or after a final decision of the appeals board if an appeal is filed, domesticated animal owner shall remove the affected animal from the city limits ..... . D. A person commits an offense without regard to mental state, if the person owns, keeps, or harbors a domesticated animal within the city during a period when registration for the animal has been revoked or denied, or fails to remove a dog, cat or ferret when required by this section. SECTION 5. That Chapter 9, General Regulations, Article 9-1, Animal Services, Section 9- 1-10. Impoundment of the Coppell Code of Ordinances, is hereby amended to delete reference from "dogs and cats" to domesticated animals, which shall herein read as follows: "CHAPTER 9 -GENERAL REGULATIONS ARTICLE 9-1. ANIMAL SERVICES Sec. 9-1-10. -lmpoundment. A. The following animals may be impounded: TM 85442 1. Domesticated animals or miniature swine not exhibiting evidence of vaccination or registration. " SECTION 6: That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. TM 85442 DULY PASSED by the City Council of the City of Coppell, Texas, this the day of -------' 2017. APPROVED: KAREN SELBO HUNT ATTEST: CHRISTEL PETTINOS , CITY SECRETARY APPROVED AS TO FORM: ROBERT E HAGER, CITY ATTORNEY TM 85442 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ------- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, BY AMENDING THE CODE OF ORDINANCES, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 9 "GENERAL REGULATIONS", ARTICLE 9-1. "ANIMAL SERVICES", BY AMENDING SECTION 9-1-1 "DEFINITIONS", PROVIDING FOR A NEW DEFINITION FOR 'DOMESTICATED ANIMAL" AND 'FERRET'; AND BY AMENDING DEFINITION OF "PROHIBITED ANIMAL"; BY AMENDING SECTION 9-1-4 "VACCINATION"; BY AMENDING SECTION 9-1-5 "REGISTRATION; LICENSE"; BY AMENDING SECTION 9-1-7 "REVOCATION AND DENIAL OF REGISTRATION"; BY AMENDING SECTION 9-1-10 "IMPOUNDMENT"; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas , this the ___ day of -------'2017. APPROVED: KAREN SELBO HUNT ATTEST: CHRISTEL PETTINOS , CITY SECRETARY TM 85442 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3397 File ID: Type: Status: 2017-3397 Ordinance Agenda Ready 1Version: Reference: In Control: Parks and Recreation 05/15/2017File Created: Final Action: Camp Standards of CareFile Name: Title: PUBLIC HEARING: Consider approval of an Ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and authorizing the Mayor to sign. Notes: Agenda Date: 05/23/2017 Agenda Number: 9. Sponsors: Enactment Date: Memo.pdf, Ordinance.pdf, Standards of Care.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 05/23/2017City Council Text of Legislative File 2017-3397 Title PUBLIC HEARING: Consider approval of an Ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and authorizing the Mayor to sign. Summary See attached memo. Fiscal Impact: No fiscal impact. Staff Recommendation: Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3397) The Parks and Recreation Department recommends approval. Goal Icon: Sustainable City Government Community Wellness and Enrichment Page 2City of Coppell, Texas Printed on 5/19/2017 1 MEMORANDUM To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Date: May 23, 2017 Reference: Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Chapter 9 of the Code of Ordinances, Article 9-19, Youth Camp Programs Standards of Care; and authorizing the Mayor to sign. 2030: Sustainable Government - Excellent City Services with high level of Customer Satisfaction, Financial Resources to Support City Services, Community Wellness and Enrichment - Recreation Programs and Services for all Generations. Introduction: This item is submitted annually to the City Council so that guidelines for state exemption of day care licensing can be applied for all youth camp programs offered by the Parks and Recreation Department. These camps include Camp Do-It-All, KidzConnect, Missoula, and all those offered at the Recreation Center in the summer and any individual holiday camps that are scheduled throughout the school year. Analysis: The youth camps offered by the City of Coppell are exempt from licensure as observed in the Texas Administrative Code Title 40 Chapter 745.115(3) of the Texas Department of State Health Services (DSHS). This is applicable because our programs are operated by a municipality, are recreation programs for children ages 5 through 13, and because they meet the following criteria:  The Standards of Care for the program are annually adopted by ordinance.  The Standards of Care include staffing ratios and qualifications, facility health and safety standards, and monitoring and enforcement provisions. The Standards of Care are provided to the parents of each program participant.  The Standards of Care are provided to the parents of each program participant.  The parents of each program participant are informed that the program is not licensed by the state.  The program is not advertised as child care. 2 As parents register their children for Coppell camps they are provided a copy of the Standards of Care, as listed in the requirements. Along with the standards they are also provided information on camp hours of operation, rules, attire, activities and field trips, and all other information parents need for camp to be successful for their child. These Standards of Care are closely monitored by the Recreation Coordinator as well as by the Recreation Center Manager. Legal Review: Agenda item was reviewed by the city’s legal counsel. Fiscal Impact: There is no fiscal impact attached to this agenda. Recommendation: The Parks and Recreation Department recommends approval. Page 1 TM 86270 AN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, READOPTING, RATIFYING, REPUBLISHING AND EXTENDING CHAPTER 9 OF THE CODE OF ORDINANCES, ARTICLE 9-19, YOUTH CAMP PROGRAMS STANDARDS OF CARE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell operates Youth Camp programs; and WHEREAS, the City of Coppell has adopted and implemented a comprehensive standards of care to provide a safe and instructive atmosphere; and WHEREAS, the City of Coppell has previously passed and adopted youth camp programs standards of care and desires to re-adopt in accordance with state law; and WHEREAS, that state law requires each City to review and update its standards of care regulations for youth programs and hold the appropriate public hearing. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL, TEXAS, THAT: SECTION 1. That after Public Hearings Ordinance No. 2010-1248, as readopted and amended by Ordinance No. 2012-1306, Ordinance No. 2013-1338, Ordinance No. 2014-1375, Ordinance No. 2015-1411, Ordinance No. 2016-1432 as codified in Chapter 9, Article 9-19 Youth Camp Program Standards of Care, Section 9-19-1 through Section 9- 19-19 of the Code of Ordinances of the City of Coppell, Texas, as amended, after public hearing, is hereby readopted ratified, republished and extended in its entirety from the date of its adoption and shall remain in effect through April 2018 unless otherwise repealed, amended or terminated as provided by state law. SECTION 2. That all provisions of any ordinance or the Code of Ordinances of the City of Coppell, Texas, except as provided herein, in conflict with the provisions of this Page 2 TM 86270 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 should any word, phrase, paragraph, or section of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance, in whole, in part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas as a whole. SECTION 4. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day of _______________, 2017. APPROVED: By: KAREN SELBO HUNT, MAYOR ATTEST: By: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: By: ROBERT E. HAGER, CITY ATTORNEY (REH/gd) CITY OF COPPELL YOUTH CAMP PROGRAMS STANDARDS OF CARE The Standards of Care are intended to be minimum standards by which the City of Coppell Parks & Recreation Department will operate the City's Youth Camp Programs. The programs operated by the City are recreational in nature and are not day care programs. GENERAL ADMINISTRATION Organization A. The governing body of the City of Coppell Youth Camp Programs is the Coppell City Council. B. City of Coppell Youth Camp Programs are exempt from the Department of TEXAS state Health Department licensure under state law. C. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks & Recreation Department Director and Departmental employees. D. Youth Program ("Program") to which these Standards of Care will apply is the Summer Recreation Program and selected days off from the school calendar. E. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. F. Parents of participants will be provided a current copy of the Standards of Care during the registration process. G. Criminal background checks will be conducted on prospective Youth Program employees. If results of the criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (1) A felony or a misdemeanor classified as an offense against a person or family; (2) A felony or misdemeanor classified as public indecency; (3) A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) Any offense involving moral turpitude; (5) Any offense that would potentially put youth participants or the City of Coppell at risk. Definitions A. City: City of Coppell B. City Council: City Council of the City of Coppell C. Department: Parks & Recreation Department of The City of Coppell D. Youth Programs or Program: City of Coppell Youth Programs currently consisting of the Summer Recreation Program and selected days off from school. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Coppell Youth Programs. F. Director: City of Coppell Parks & Recreation Department Director or his or her designee. G. Assistant Director of Recreation: City of Coppell Parks and Recreation Department’s Assistant Director of Recreation. H. Recreation Coordinator: City of Coppell Parks & Recreation Department Recreation Coordinator. I. Site Director: City of Coppell Parks & Recreation Department Seasonal/Temporary Programmer who has been assigned administrative responsibility for a Coppell Youth Program. J. Program Counselor: City of Coppell Parks & Recreation Department Seasonal/Temporary employee who has been assigned responsibility to implement the City's Youth Program. K. Program Site: Area and facilities where Coppell Youth Programs are held consisting of the Coppell Independent School District Campus and the Aquatic and Recreation Center. L. Participant: A youth whose parent(s) have completed all required registration procedures and determined to be eligible for a Coppell Youth Program. M. Parent(s): This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in Coppell Youth Programs. N. Employee(s): Term used to describe people who have been hired to work for the City of Coppell and have been assigned responsibility for managing, administering, or implementing some portion of the Coppell Youth Programs. O. Recreation Center: The Coppell Independent School District campuses or the Aquatics and Recreation Center which hosts the Summer Recreation Program and selected days off from school. P. Water Front Director: City of Coppell Parks & Recreation Department Aquatics Operation Supervisor or Head Lifeguard as assigned by the Recreation Manager. Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Site Director of each Program to confirm that the Standards of Care are being met. B. The Assistant Director of Recreation will make visual inspections of the Program based on the following schedule: (1) Inspection reports will be sent to the Recreation coordinator for review and kept on record for at least two years. (2) The Recreation Coordinator will review the report and establish deadlines and criteria for compliance with the Standards of Care. C. The Summer Recreation Program will be inspected twice during its summer schedule. In addition, selected days at the Aquatics and Recreation Center will be visited during the school year. D. Complaints regarding enforcement of the Standards of Care will be directed to the Site Director. The Site Director will be responsible to take the necessary steps to resolve the problems. The Site Director will record complaints regarding enforcement of the Standards of Care and their resolution. The Recreation Coordinator will address serious complaints regarding enforcement of the Standards of Care and the complaint and resolution will be noted. E. The Parks & Recreation Department’s Director will make an annual report to the City Council on the overall status of the Youth Program and its operation relative to compliance with the adopted Standards of Care. Enrollment A. Before a child can be enrolled a parent must sign registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone number during Program hours; (3) the names and telephone numbers of people to whom the child can be released or names of those who may not pick them up; (4) a statement of the child's special problems or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and (7) a liability, transportation, photo and movie waiver Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. STAFFING - RESPONSIBILITIES AND TRAINING Site Director Qualifications A. Site Director will be Seasonal/Temporary professional employees of the City of Coppell Parks & Recreation Department and will be required to have all Recreation Site Director qualifications as outlined in this document. B. Site Director must be at least 21 years old C. Site Director must have a bachelor's degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation (2) Physical Education, Secondary or Elementary Education (3) Any other comparable degree plan that would lend itself to working in a public recreation environment D. Site Director must have two years experience planning and implementing recreational activities. E. Site Director must pass a background investigation including testing for illegal substances. F. Site Director must have successfully completed a course in First Aid and Cardio-Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. G. Site Director must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. Site Director's Responsibilities A. Site Directors are responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Recreation Coordinator and Site Directors are responsible to recommend for hire, supervise, and evaluate Counselors. Camp management shall ascertain and have on record information, such as a letter of reference, attesting to the character and integrity of each staff member, and information, such as training certificates, attesting to the ability of each staff member to perform the tasks required in his or her position. C. Site Directors are responsible for planning, implementing, and evaluating programs. D. Site Directors will be considered Camp Health Officers. Duties will consist of, but not limited to: dispensing of medication and first aid, records management of incidences, emergencies, and camper’s health files. Counselor Qualifications A. Counselors will be Seasonal/Temporary employees of the Parks & Recreation Department. B. Counselors working with children must be age 17 or older and have completed high school; however, each site will have at least one employee 18 years old or older present at all times. C. Counselors should be able to consistently exhibit competency, good judgment, and self- control when working with children. D. Counselors must relate to children with courtesy, respect, tolerance, and patience. E. Counselors must have successfully completed a course in First Aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site and that person shall successfully complete a First Aid and CPR course within two weeks of starting work. F. Each Counselor must be able to furnish proof of a clear tuberculosis test within the 12 months prior to their employment date. G. Counselors must pass a background investigation including testing for illegal substances. Counselor Responsibilities A. Counselors will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. B. Counselors will be responsible to know and follow all City, Departmental, and Program standards, policies and procedures that apply to Coppell Parks and Recreation Youth Programs. C. Counselors must ensure that participants are released only to an authorized parent or an authorized adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Counselor. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Recreation Coordinator will provide each Counselor and Site Director with a Program Manual specific to the Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees will be trained in appropriate procedures to handle emergencies by the Recreation Coordinator and/or professionals in the field. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. OPERATIONS Staff-Participant Ratio A. In a Coppell Youth Program, the standard ratio of participants to Counselors shall not exceed 20 to 1. In the event a Counselor is unable to report to the Program site, a replacement will be assigned. The camp director shall not be included in the supervisor to camper ratio in camps serving over 50 campers at a time. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's parent(s) during the registration process. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. Programming A. Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants' health, safety, and well being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide indoor and outdoor time periods that include: (1) Alternating active and passive activities; (2) Opportunity for individual and group activities, and (3) Outdoor time each day weather permits. Communication A. The Program site will have a mobile phone to allow the site to be contacted by Parks & Recreation personnel or for making emergency calls. B. The Site Director will post the following telephone numbers adjacent to a mobile phone accessible to all Program employees at the site: (1) Coppell Ambulance or Emergency Medical Services; (2) Coppell Police Department; (3) Coppell Fire Department; (4) Coppell Independent School District campuses; (5) Numbers at which parents may be reached; (6) The telephone number for the site itself. Transportation A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Site Director. B. First Aid supplies and a First Aid and emergency care guide will be available in all Program vehicles that transport children. C. All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. FACILITY STANDARDS Safety A. Program employees will inspect the Program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Site Director. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have First Aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. G. All swing seats at the Program site must be constructed of durable, lightweight, relatively pliable material. H. Program employees must have First Aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to First Aid and emergency care. I. Restrooms will be inspected on a frequent basis to insure that no undesirable activity is occurring. Manual logs will be included with inspection reports indicated above to show that staff checks restrooms. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Coppell Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Director of Parks & Recreation who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Director of Parks & Recreation annual report to the Council. C. The Program site must have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. The fire extinguisher is to be inspected monthly by the Site Director, and a monthly report will be forwarded to the Recreation Manager who will keep the report on file for a minimum of two years. All Program employees will be trained in the proper use of fire extinguisher. D. Fire drills will be initiated at Program sites based on the following schedule: (1) Summer Recreation Program: A fire drill twice during the session. Health A. Illness or Injury (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. (2) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. (3) Nonprescription medications are to be labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. The Program employees will administer no injections. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. (2) There must be one flush toilet each for every 15 females and 15 males. Urinals may be counted in the ratio of toilets for males, but they must not exceed 70% of the total number of toilets. (3) An appropriate and adequate number of lavatories (sinks) will be provided. (4) Hand cleanser is required at all times. D. Sanitation (1) The Program facilities must have adequate light, ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. E. Water Safety (1) An adult waterfront director shall be in charge of all waterfront activities. While waterfront activities are in progress, the waterfront director or an adult certified lifeguard assistant shall be in the immediate vicinity of the campers, supervising the program. (2) All campers’ swimming ability will be tested on their first fieldtrip to the pool. Children shall then be confined to the limits of swimming skills for which they have been classified. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3399 File ID: Type: Status: 2017-3399 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 05/15/2017File Created: Final Action: Belt Line DesignFile Name: Title: Consider approval of a contract with Halff Associates, Inc., for Professional Engineering Services associated with the Belt Line Road Reconstruction project; in an amount not to exceed $1,226,000.00; funded from the Capital Improvement Program funds; and authorizing the City Manager to sign necessary documents. Notes: Agenda Date: 05/23/2017 Agenda Number: 10. Sponsors: Enactment Date: Belt Line Design Memo.pdf, Belt Line Reconstruction Exhibit.pdf, Belt Line Design Contract.pdf, Belt Line Preliminary OPC.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 05/23/2017City Council Text of Legislative File 2017-3399 Title Consider approval of a contract with Halff Associates, Inc., for Professional Engineering Services associated with the Belt Line Road Reconstruction project; in an amount not to exceed $1,226,000.00; funded from the Capital Improvement Program funds; and authorizing the City Manager to sign necessary documents. Summary Fiscal Impact: Funds are available in the 2014 Street CIP Fund for this contract. Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3399) Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 5/19/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: May 23, 2017 Reference: Engineering Services Contract Approval - Belt Line Road (IH-635 to Southwestern) Reconstruction 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Belt Line Road between IH-635 and Southwestern was originally constructed in 1985.  Scope includes full pavement replacement, utility replacement and rehabilitation, landscaping, sidewalk construction, signal work, and significant traffic control and temporary paving to maintain mobility during construction.  Current opinion of probable construction cost is $19.3 million (includes over 3 million in contingency).  Planned start of construction Spring 2020  Estimated completion Spring 2022  A temporary overlay project is being planned to span the time until the start of construction  An update on the status of the project was provided to the City Council on April 25, 2017  Design contract is presented for consideration with this item at a cost of $1,226,000.00. Introduction: This agenda item is to consider approval of an engineering services contract with Halff Associates, Inc. (Halff) for the design of the Belt Line Road (IH-635 to Southwestern) Reconstruction project. Analysis: Belt Line between Southwestern and IH-635 was originally constructed in 1985, and has therefore outlasted the original design life (20 years). The roadway has been maintained over the years to 2 extend the life, and one additional overlay project is being planned in partnership with Dallas County to span the gap between now and the start of the reconstruction project. Halff is one of the firms selected through a request for statements of qualifications (SOQ) that was completed earlier this year. Halff is a full-service engineering design firm based in Richardson with other local offices in Dallas, Fort Worth, Frisco and Flower Mound. The design team proposed for this project has extensive experience working on arterial construction and reconstruction design for both local and state-owned projects. The basic scope of the Belt Line reconstruction project includes the following elements:  Replacement of all existing pavement with an updated pavement section targeted at prolonging the life of the infrastructure  Intersection enhancements to improve mobility and safety  Sidewalks, street lights and landscaping  Replacement of the water and wastewater infrastructure to renew the lines to match the expected life of the new pavement  Strategic replacement/rehabilitation of the existing storm sewer system  Signal work as needed to accommodate intersection changes and/or traffic control Reconstruction of any street will negatively impact mobility and access. The planned traffic control and phasing for the Belt Line reconstruction include reducing traffic flow to two lanes in each direction plus a center lane to accommodate left-turn bays at intersections. This plan will impede traffic flow and affect access to the businesses in the area, but all efforts will be made to minimize the impacts. Staff will also work with the design engineer to break the project into phases or segments to shorten the direct impact timeframe for any of the property owners. Night work will be allowed to permit the contractor to work more efficiently on elements where maintaining traffic is particularly difficult and allow motorists to avoid the elements where traffic cannot be reasonably maintained. Current traffic volumes on Belt Line are between 40,000 and 50,000 vehicles per day, which is more than double the traffic volume on Freeport Parkway. Removing one or two lanes from the link capacity will result in congested conditions during the morning and evening peak periods, though Belt Line will not go under construction until Freeport Parkway and Airline Drive are both complete, allowing for a reasonable alternate route for this traffic. To allow for five lanes of traffic during construction, the center median would need to be removed, which would require removal of approximately 73 trees. Staff has directed that trees determined to be good candidates by an arborist should be removed and re-planted off-site. Based on a preliminary review, most of the trees will simply be removed. The plans would then include re-establishing the medians with new landscaping as part of the project, incorporating new trees strategically. The new landscaping would be in keeping with the new median landscaping implemented along Denton Tap and Sandy Lake. One of the concerns with the existing trees is that the root systems may be contributing to the pavement failure, so replacing tree line with a lower-intensity landscape could help extend the life of the new roadway. During the design phase of the project, staff plans to engage a third-party engineer to assist with plan review. This is not intended to reduce staff effort, but to enhance the depth of experience of the review team. Extra focus will be placed on the pavement design to ensure a long life after the project is complete. And, staff has asked the engineer to incorporate TxDOT standards and details in the street and drainage design to attract contractors that are experienced working on major arterials. As 3 the project proceeds to construction, staff plans to select a team to provide project management assistance to enhance the expertise and experience of staff, and help fill any manpower gaps that might arise during the project. A communication strategy will be developed to ensure the project management team and the construction contractor are working together to keep residents, motorists and businesses informed. The current estimated construction cost, understanding that no design work has been started, is $19.38 million. This estimate includes the unique elements that were discussed above (more robust pavement section, removal of median and landscaping new median, tree relocation, maintaining 5 lanes of traffic during construction, improving intersections, etc.) and includes a 20% contingency given the project risks that exist at this stage of development. This estimated cost is different from the current five-year plan number based on the following: concrete costs; TxDOT like standards; more extensive landscape plan; initial contingency; and unknowns associated with maintaining traffic. The construction contract documents will also include incentive clauses to encourage early completion. Construction costs tend to rise and fall with the economy, so as design progresses, updates to this estimate will be developed to ensure the work required and unit costs are current. As the project moves into design, staff will also evaluate ways to value engineer the project to reduce the construction cost. In summary, staff is working to implement best practices on the Belt Line reconstruction project to ensure the project is long-lasting and aesthetically pleasing when complete, is managed properly through design and construction, minimizes impacts to stakeholders, and attracts quality contractors. An interim project will be proposed to bridge the gap between now and the start of the reconstruction project. Staff expects to begin design this Summer with an anticipated construction start date in Spring of 2020 and completion in Spring of 2022. Legal Review: The City’s standard design contract has been reviewed by legal periodically, with changes made as requested. Fiscal Impact: The fiscal impact of this contract approval is $1,226,000.00 as provided in Capital Impact Plan funds. Recommendation: Staff recommends approval of the contract with Halff Associates, Inc. S BELT LINE RDS.H. 121S.H. 121S DENTON TAP RDN DENTON TAP RDW SANDY LAKE RD S ROYAL LNE SANDY LAKE RD E P A RKWAYBLVD NMACAR T H URBLVDWPARK W A YBLV D EB E L T L IN E RD SMACART H URBLVDS COPPELLRDAREA REFERENCED BY MAP 0 0.5 1 Miles 1 inch = 1 miles ± Created in ArcGIS 10.3 Created: April 2017by Leah BW:\GIS\Projects\Exhibit Location Maps\S Belt Line Rd Reconstruction S Belt Line Road (I-635 to Southwestern Blvd)Reconstruction FREEPORTP K WY SOUTHWESTERN BLV D E BE LT LINE R D E I 6 3 5WI 6 3 5 S BELT LINE RDCreated in ArcGIS 10.3 Created: April 2017by Leah BW:\GIS\Projects\Exhibit Location Maps\S Belt Line Rd Reconstruction Zoom ± 0 1,600800 Feet 1 inch = 1,500 feet S Belt Line Road (I-635 to Southwestern Blvd)ReconstructionROAD RECONSTRUCTION CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS § CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into, and executed this the _23rd__day of __May_______, 2017, by and between the City of Coppell acting by and through the City Manager with approval of the City Council hereinafter referred to as "City", and Halff Associates, Inc., hereinafter referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter referred to as "Services", in connection with the Beltline Road Reconstruction Project, hereinafter referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: Page 2 The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scope of Services, A. Basic Services Parts A, B, & C: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Scope of Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. B. Additional Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Additional Services shall be provided by the Engineer. These Additional Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Scope of Services, including modifications to the Scope of Services or any attachments to this contract; the requirement of the Contract shall govern. 2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Scope of Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. 3. Compensation. A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part I under this Contract pursuant to the Fee Schedule described in Attachment A, Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of One Million Three Thousand Dollars ($1,003,000.00) provided, however, that modifications to the Page 3 Basic Services Part I, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. B. Additional Services Fee as Attached: The Engineer should be paid a fee under this contract for services pursuant to the Fee Schedule described in Attachment A, Scope of Services. Additional Services Fee shall not exceed the lump sum of Two Hundred Twenty Three Thousand Dollars ($223,000.00). C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of One Million Two Hundred Twenty Six Thousand Dollars ($1,226,000.00). D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and Additional Services on or before the twenty fifth (25th) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports approved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer, the Engineer shall comply promptly with such request. E. Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and approved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. 4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract requiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. 5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the Page 4 conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resulting from the modification(s). Approval of a modification shall be in the form of a written Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The City Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. 6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of reproducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format camera. Color laser copies may be substituted for the original photographs in the final report. A transmittal letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. 7. Project Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction from the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. 8. Partnering. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract. By engaging in partnering, the parties do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance Page 5 and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal status. 9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Parties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or unresolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. 10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. 11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracings, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. The parties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Coppell, its officers, agents and employees from any loss, damage, liability or expense, including attorney fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise from any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further understood that it is not the intention of the parties hereto to create Page 6 liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract. It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures are appropriate under the circumstances. 17. Ownership. All Engineer's designs and work product under this Contract, including but not limited to tracings, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. Page 7 18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Compliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In case one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. 25. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. Page 8 26. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. 27. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell Engineering Dept. Kent Collins, P.E., Assistant Director of Engineering 255 Parkway Blvd Coppell TX 75019 Engineer: Halff Associates, Inc. Stephen Crawford, P.E., Vice President 1201 N. Bowser Road Richardson, TX 75081-2275 IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL HALFF ASSOCIATES, BY: INC. BY: ______________________ ______________________________ Mayor Name & Title Date: __________________ Date:_________________________ ATTEST: ATTEST: _______________________ ______________________________ (CORPORATE SEAL) City of Coppell Page 1 of 9 Halff Belt Line Road April 6, 2017 EXHIBIT “A” SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN CITY OF COPPELL, TEXAS, AND HALFF ASSOCIATES, INC. BELT LINE ROAD FROM IH-635 TO SOUTHWESTERN I. PROJECT DESCRIPTIONS Belt Line Road – IH-635 to Southwestern The project involves improvements for the reconstruction of approximately 8,450 linear feet of Belt Line Road, an existing 6-lane concrete roadway, from the northern curb line of the westbound IH-635 Frontage road to the southern intersection curb radii of Belt Line Road and Southwestern/Denton Tap. The new pavement section will be a 6-lane concrete divided roadway, P6D Principal Arterial (Boulevard) per the City of Coppell Thoroughfare Plan (Coppell 2030) north of Dividend Drive, transition to an 8-lane concrete divided roadway south of Dividend Drive, and will be reconstructed to generally the same lines and grades as the existing roadway. The project also includes renewals of the City’s water and sewer infrastructure within Belt Line’s right-of-way, new traffic signals at Lakeshore Drive and Airline Drive, and modifications to other signals based on construction needs. Other project improvements include new concrete paving for driveway/cross street adjustments, continuous concrete sidewalks, drainage, street lighting, pavement markings, signing, erosion control, traffic control, median landscaping and irrigation. Services provided by the Engineer include preparation of construction documents for the aforementioned improvements; geotechnical investigation and design recommendations for new roadway pavements and miscellaneous structures such as junction structures and monuments; subsurface utility engineering (SUE); and traffic studies of the existing street intersections within the project limits including recommendations for left-turn lane storage lengths and associated intersection improvements. Services by the Engineer shall also include survey for design and Right-of-Way (ROW)/easement document preparation. II. TASK SUMMARY Task 1 –30% Construction Plans (Concept). • Survey for design including surveying of existing improvements within the proposed roadway reconstruction limits, including field location of all surface utility appurtenances; topographic survey; setting permanent control; locating existing property monumentation; and resolution of existing ROW and adjacent property boundaries. • Design Charrette: Upon completion of survey for design, traffic study (refer to Task 7 – Traffic Engineering) and Level B SUE (refer to Task 8 – SUE and Franchise Utility Conflict Analysis) prepare 1”=40’ scale schematic roll drawing including pavement limits, left-turn lane improvements, and new water/sewer locations. • Concept Construction Plans: Address the City’s comments from the Design Charrette; Prepare conceptual construction plans including a 1”=40’ scale schematic roll drawing including paving plan/profile, typical sections, drainage area map, and analysis of existing storm drain culverts and City of Coppell Page 2 of 9 Halff Belt Line Road April 6, 2017 trunk lines along with a report summarizing the project design parameters and probable construction costs. • Traffic Control Plans: Prepare a 1”=40’ scale schematic roll drawing for both 3-lane and 5-lane maintenance of traffic alternatives. • Geotechnical Foundation and Pavement Design Recommendations (Terracon): Review previous geotechnical studies related to Belt Line corridor (GME and Terra-Mar); Prepare pavement subgrade and pavement section recommendations for Belt Line corridor; Prepare foundation recommendations for City monument signs at Belt Line and Southwestern/Denton Tap intersection. Geotechnical soil boings and associated testing are excluded from the scope except for up to two soil borings for the monument signs. Task 2 – 70% Construction Plans (Preliminary). • Preliminary Construction Plans: Address the City’s comments from the 30% Concept Plan Submittal; Prepare 70% design plans including cover sheet, general notes, quantity sheets, typical sections, removal plans, paving plan/profiles, grading plans, drainage area map, runoff computations, storm drain plan/profiles for existing and new storm drain mains* (lateral profiles to be included with 90% Plans), water and sewer plan/profiles, traffic control plans, construction sequencing plans, signing and marking plans, erosion control plans, standard details, and cross sections every 50 feet. * Existing storm drains will be TV inspected and have conditions determined for possible reuse. Portions that are deemed to not be usable for condition or capacity will be replaced. This scope assumes that the existing storm drain systems are adequate and in good condition and design of new storm drain plans is excluded from the scope of this agreement. * Existing headwalls and traffic rail are assumed to be in good condition and can be left in-place with roadway improvements. • Survey acquisition documents: Refer to Task 6 – Right of Way Documents. • Preliminary Engineer’s Opinion of Probable Construction Cost. Task 3 – 90% Construction Plans (Final). • Final Construction Plans: Address the City’s comments from the 70% Construction Plan Submittal; prepare 90% design plans including updated cover sheet, general notes, quantity sheets, typical sections, removal plans, paving plan/profiles, grading plans, drainage area map, runoff computations, storm drain plan/profiles for existing and new storm drain mains and laterals**, water and sewer plan/profiles, traffic control plans, construction sequencing plans, signing and marking plans, erosion control plans, standard details, and cross sections every 50 feet. • Prepare Draft Construction Contract Documents and Specifications for review. • Update Engineer’s Opinion of Probable Construction Cost ** Only new laterals greater than 50’ in length, or having a utility conflict will be profiled. Task 4 – 100% Construction Plans (Bid Set). • Bidding and Construction Documents: Address the City’s comments from the 90% Construction Plan Submittal; Prepare Signed and Sealed Bidding Documents. • Preparation and Distribution of Bid Sets: Plans, Specifications and Bidding documents will be provided in an electronic format for advertisement and distribution. • Submittal to ADA/TDLR and addressing comments as required. • Coordination with the City during project bidding. City of Coppell Page 3 of 9 Halff Belt Line Road April 6, 2017 • Final Engineer’s Opinion of Probable Cost • Review questions from Bidders and prepare addenda. Addenda will be provided in an electronic format for distribution to the registered Bidders. • Conformed Construction Documents: Prepare Conformed Document set incorporating addenda issued during the bidding process. Task 5 – Construction Administration. • Construction Site Visits – 1 site visit per month for an 18-month construction duration. • Review and recommendation to the City of Contractor Submittals • Coordination with the City during construction for design modifications • Meetings with the City and Contractor as requested • Electronic Record Plan Set: Incorporate the Contractor, City Inspector, and Engineer’s as-built mark-ups; Prepare PDF and AutoCAD files of the record drawings to the City • Total man-hours for Construction Administration tasks shall not exceed 160 hours without fee adjustment. Task 6 – Right of Way Documents • Prepare Right of Way strip maps – One (1) review set and one (1) final set • Prepare Easement Documents and Legal Descriptions including up to 5 ROW parcels and up to 5 easement parcels. Task 7 – Traffic Engineering • Collect AM and PM peak hour turning movement counts at Hackberry, Dividend, Saintsbury, Lakeshore, Wrangler, Airline, and Southwestern/Denton Tap. • Review previous traffic studies related to Belt Line Road corridor. (Lee Engineering and Kimley- Horn, Savant) • Conduct AM and PM peak hour queuing analysis at Hackberry, Dividend, Saintsbury, Lakeshore, Wrangler, Airline, and Southwestern/Denton Tap. • Provide recommendations for left-turn and right-turn deceleration lane lengths at study intersections. • Review locations of new median openings and provide recommendations. • Prepare a technical memorandum summarizing the findings/recommendations and submit to Client. • Temporary span wire signal design plans for inclusion with Preliminary, Final and Bid Plans at the following intersections: WB I.H. 635 frontage road, Dividend, Saintsbury, Lakeshore, Wrangler, Airline, and Southwestern/Denton Tap. Plans to include: a. General notes b. Existing signal layouts c. Proposed signal layouts for temporary signals for 2 phases of construction d. Signal design tables (including wiring, and proposed signal phasing for 2 construction phases) e. Applicable signal design standards (City of Coppell). • Permanent signal design plans for inclusion with Preliminary, Final and Bid Plans at the following intersections: Lakeshore and Airline. Plans to include: a. General notes b. Existing signal layout and removals City of Coppell Page 4 of 9 Halff Belt Line Road April 6, 2017 c. Proposed signal layouts for permanent signals, including conduit, wiring, and proposed signal phasing. d. Applicable signal design standards (City of Coppell). Task 8 –Subsurface Utility Engineering (SUE) and Franchise Utility Conflict Analysis • Identify and locate Franchise Utilities at all corners of public street intersections per SUE Quality Level B (geophysical methods to determine approximate location). City facilities (water, wastewater and storm sewers) will be depicted according to surveyed appurtenances per SUE Quality Level C (above-ground survey) and record information per SUE Quality Level D (records research). Limits shall be from back of curb to right-of-way, 50’ each direction outside of pavement for Belt Line Road intersections with the following cross streets: Dividend, Saintsbury, Lakeshore, Wrangler, and Airline. • Identify and Locate Municipal and Franchise Utilities to define the relocation corridor for City facilities, SUE Quality Level C (above-ground survey) and record information per SUE Quality Level D (records research). Limits shall be from the western back of curb to right-of-way of Belt Line for the entire length of project. • Excavate up to fifteen (15) test holes at critical locations based on review of the Level B SUE data and proposed improvements. The exposed utilities will be located per Quality Level A SUE (Potholing). • Provide conflict analysis for Franchise Utility encroachments and crossings. • Provide recommendations for remediation of Franchise Utility conflicts. Franchise utility relocation plans and permitting to be provided by the respective utility. Design of Franchise Utility recollection plans, and associated permitting, is excluded. Task 9 – Landscape and Irrigation Design • Prepare a tree survey in accordance with City of Coppell development standards • Identify trees most suitable for removal off-site, storage, and re-planting post-construction. • Prepare letter of memorandum outlining tree removal process and applicability to this project and/or provide alternatives for providing mature median trees. • Prepare median landscape plans based on the City’s typical standards to be included in the Preliminary, Final, and Bid Plans. • Prepare median irrigation plans to be included in the Final and Bid Plans. • Prepare plans and details for the new City monument sign to be included in the Preliminary, Final, and Bid Plans. III. ADDITIONAL SERVICES Any items requested that are not outlined in the above scope will be considered additional services and will be provided as requested and authorized by City of Coppell. Halff Associates Inc. can provide the following services; however, these services are excluded from the scope of this agreement: • Changes to plans due to City design criteria changes after the 70% plan review and notice to proceed on the 90% plans. • Submittal, Review, Platting, and Permitting Fees or other Fees associated with adjacent commercial and/or residential development. • Franchise utility infrastructure design. City of Coppell Page 5 of 9 Halff Belt Line Road April 6, 2017 • Legal Descriptions for vacation of utility easements and/or ROW. • Right-of-Way appraisal and acquisition services. • Construction Inspection and Resident Engineering services. • Construction Material Testing services. • CLOMR/LOMR studies and/or applications and field survey for as-built verification. • Individual Section 404 Permitting and site specific mitigation plans. • Preparation of Construction related SWPPP, NOI, NOT, etc. • Construction layout staking. • Hazardous material site assessment. • Conduct traffic counts or LOS analyses at any intersection/driveway beyond those specified in the scope. • Development of signal timing plans for the intersections. • Items not specifically included in the Scope of Services. City of Coppell Page 6 of 9 Halff Belt Line Road April 6, 2017 IV. DELIVERABLES Deliverables are for each project part. Task Deliverables Task 1 – 30% Construction Plans • Two (2) strip maps for Design Charrette • Three (3) strip maps for project layout • Two (2) Copies of preliminary Geotechnical information. • Two (2) Copies of landscape memorandum. • PDF and DWG copies of all deliverables Task 2 – 70% Construction Plans • Two (2) of 22” x 34” Construction plans • Two (2) Sets of 11” x 17” Construction plans • Three (3) Sets of ROW Strip Maps for Review • Three (3) Sets of Right of Way Parcel Exhibits and Description for Review • One (1) copy of Final Geotechnical Report • PDF copies of all deliverables Task 3 – 90% Construction Plans • Two (2) of 22” x 34” Construction plans • Two (2) Sets of 11” x 17” Construction plans • Three (3) Sets of Right of Way Parcels • Three (3) Sets of Right of Way Strip maps • Three (3) Sets of Construction Contract Documents and Specifications • PDF and DWG copies of all deliverables Task 4 – 100% Construction Plans • Two (2) Sets of 11" x 17" construction plans prior to bidding • Two (2) Sets of Construction Contract Documents and Specifications prior to bidding • Four (4) Sets of Construction Contract Documents and Specifications for execution after bidding • Six (6) 22" x 34" Construction plans to issue for construction after bidding • Ten (10) 11" x 17" Construction plans to issue for construction after bidding • PDF and DWG copies of all deliverables Task 5 – Construction Administration • Copies of Site Visit Reports • Copies of Submittal Reviews One (1) 22”x34” bond copy of the record drawings • One (1) 22”x34” mylar copy of the record drawings • One (1) PDF copy of each sheet of the record drawings • One (1) DWG of the record drawings base map City of Coppell Page 7 of 9 Halff Belt Line Road April 6, 2017 Task 6 – Right of Way Documents • Strip Maps – one review, one final • Parcel Exhibits –  up to 5 for ROW  up to 5 for Easements Task 7 – Traffic Engineering • Temporary and Permanent Signals to be included in in tasks 2, 3, and 4. • One (1) copy of memorandum detailing results and recommendations • PDF copies of all deliverables Task 8 – SUE and Franchise Utility Conflict Analysis • One (1) electronic copy of the SUE designating and locating • Preliminary Conflict Analysis Report included in tasks 1 and 2. • PDF copy of received utility records. Task 9 – Landscape and Irrigation • One (1) copy of memorandum detailing results and recommendations • Landscape plans to be included in tasks 2, 3, and 4. • Irrigations plans to be included in tasks 3 and 4. • PDF copy of received utility records. City of Coppell Page 8 of 9 Halff Belt Line Road April 6, 2017 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN CITY OF COPPELL, TEXAS, AND HALFF ASSOCIATES, INC. S. BELT LINE ROAD FROM NORTH OF I.H. 635 TO SOUTH OF SOUTHWESTERN/DENTON TAP (#####) I. COMPENSATION SCHEDULE – BELT LINE ROAD Task Completion Schedule Compensation Schedule Notice-to-Proceed May 2017 Task 1 – 30% Construction Plans October 2017 $356,000 Task 2 – 70% Construction Plans April 2018 $251,000 Task 3 – 90% Construction Plans October 2018 $183,000 Task 4 – 100% Construction Plans January 2019 $54,000 Task 5 – Construction Administration Approx. 18 months $101,000 Task 5 – Record Drawings Completion of Construction Task 6 – Right of Way Documents October 2018 $51,000 Task 7 – Traffic Engineering See Tasks 1-4 $110,000 Task 8 – SUE and Franchise Utility Conflict Analysis See Tasks 1-2 $71,000 Task 9 – Landscape and Irrigation See Tasks 1-4 $49,000 Total Compensation $1,226,000 City of Coppell Page 9 of 9 Halff Belt Line Road April 6, 2017 II. COMPENSATION SUMMARY – BELT LINE ROAD Basic Services (Lump Sum) Amount Task 1 – 30% Construction Plans $356,000 Task 2 – 70% Construction Plans $251,000 Task 3 – 90% Construction Plans $183,000 Task 4 – 100% Construction Plans $54,000 Task 7 – Traffic Engineering $110,000 Task 9 – Landscape and Irrigation $49,000 Total Basic Services: $1,003,000 Special Services (Hourly Not-to-Exceed) Amount Task 5 – Construction Administration & Record Drawings $101,000 Task 6 – Right of Way Documents $51,000 Task 8 – SUE and Franchise Utility Conflict Analysis $71,000 Total Special Services: $223,000 Engineer's Opinion of Probable Construction Cost Belt Line Road (I.H. 635 to Southwestern/Denton Tap) City of Coppell P. 1008-17-0176 Prepared on April 6, 2017 Richardson Office Item Description Unit Quantity Unit Price Amount Paving Improvements 1 Traffic Control LS 1 $100,000.00 $100,000.00 2 Temporary Pavement 2" HMAC (SUPERPAVE MIXTURES SP-C PG70-22)TON 2,600 $80.00 $208,000.00 8" Flexible Base [FL BS (CMP IN PLACE)(TY A GR 1- 2)(8")]SY 22,400 $18.00 $403,200.00 AllianceGeo BX 2525 or equivalent geogrid SY 22,400 $2.00 $44,800.00 3 Remove and Dispose of Existing Concrete Pavement SY 63,000 $5.00 $315,000.00 4 Furnish and Install Low Profile Barrier (Types 1 and 2) LF 8,400 $45.00 $378,000.00 5 Move Low Profile Barrier (Types 1 and 2) LF 8,400 $10.00 $84,000.00 6 Prepare Right-of-Way LS 1 $50,000.00 $50,000.00 7 10" CRCP Street Paving SY 89,200 $70.00 $6,244,000.00 8 4" HMAC (SUPERPAVE MIXTURES SP-B PG64-22) TON 20,100 $76.00 $1,527,600.00 9 6" Flexible Base [FL BS (CMP IN PLC)(TYA GR1-2) (6")] SY 91,300 $13.00 $1,186,900.00 10 Reinforced Concrete Sidewalk Pavement SF 83,000 $6.00 $498,000.00 11 Barrier Free Ramp EA 80 $1,500.00 $120,000.00 12 Pavement Markings and Signage LS 1 $20,000.00 $20,000.00 SUBTOTAL $11,180,000.00 Drainage Improvements 1 Drainage Improvements (Limited to Inlet and minimal lateral reconstruction)LS 1 $410,000.00 $410,000.00 SUBTOTAL $410,000.00 Water Improvements 1 12-inch PVC Water LF 6,300 $80.00 $504,000.00 2 16-inch PVC Water LF 700 $110.00 $77,000.00 3 30% Allowance for Fittings, Reconnections, Hydrants, Casings, etc.LS 1 $174,000.00 $174,000.00 SUBTOTAL $755,000.00 Sanitary Sewer Improvements 1 12-inch PVC Wastewater LF 5,000 $85.00 $425,000.00 2 15-inch PVC Wastewater LF 3,200 $100.00 $320,000.00 3 18-inch PVC Wastewater LF 400 $120.00 $48,000.00 4 24-inch PVC Wastewater LF 1,400 $150.00 $210,000.00 5 30% Allowance for Manholes, Reconnections, Casings, etc.LS 1 $301,000.00 $301,000.00 SUBTOTAL $1,304,000.00 Miscellaneous Improvements 1 Median Landscape and Irrigation Sta 84 $2,750.00 $231,000.00 2 Median Tree Removal and Replacement EA 65 $5,000.00 $325,000.00 3 Parkway Sodding including Top Soil LS 1 $90,000.00 $90,000.00 4 Median Monument sign LS 1 $20,000.00 $20,000.00 4 Street lights & foundations EA 50 $5,500.00 $275,000.00 5 Street lights condiut and conductors LF 10,080 $12.00 $120,960.00 6 Temporary Span Wire Traffic Signal EA 7 $60,000.00 $420,000.00 7 Permanent Mast Arm Traffic Signal EA 2 $125,000.00 $250,000.00 SUBTOTAL $1,731,960.00 Mobilization 1 Mobilization (5% of Construction Improvements)LS 1 $769,000.00 $769,000.00 SUBTOTAL $769,000.00 SUMMARY Paving Improvements $11,180,000.00 Drainage Improvements $410,000.00 Water Improvements $755,000.00 Sanitary Sewer Improvements $1,304,000.00 Miscellaneous Improvements $1,731,960.00 Mobilization $769,000.00 SUBTOTAL $16,149,960.00 SUBTOTAL (Rounded -3) $16,150,000.00 CONTINGENCIES (20%) $3,230,000.00 CONSTRUCTION TOTAL $19,380,000.00 This statement was prepared utilizing standard cost estimation practices, and is not based on actual costs or bids for this project. It is understood and agreed that this is an estimate only, and that Halff shall not be liable to the Owner or to a third party for any failure to accurately estimate the cost of the project, or any part thereof. Printed on 4/6/2017 Halff Associates, Inc. File name: Belt Line OPCC.xlsx Page 1 of 1 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3400 File ID: Type: Status: 2017-3400 Agenda Item Agenda Ready 1Version: Reference: In Control: City Secretary 05/15/2017File Created: Final Action: Mayor Pro TemFile Name: Title: Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Notes: Agenda Date: Agenda Number: 11. 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 05/23/2017City Council Text of Legislative File 2017-3400 Title Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3400) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/19/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3394 File ID: Type: Status: 2017-3394 Agenda Item Mayor and Council Reports 1Version: Reference: In Control: City Secretary 05/12/2017File Created: Final Action: Mayor and Council ReportsFile Name: Title: Report by Mayor Hunt on upcoming local events. Notes: Agenda Date: 05/23/2017 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 05/23/2017City Council Text of Legislative File 2017-3394 Title Report by Mayor Hunt on upcoming local events. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3394) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/19/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3401 File ID: Type: Status: 2017-3401 Agenda Item Council Committee Reports 1Version: Reference: In Control: City Secretary 05/15/2017File Created: Final Action: Council Committee ReportsFile Name: Title: A.Dallas Regional Mobility Coalition - Mayor Hunt and Councilmember Roden B.Metrocrest Community Clinic - Councilmember Hill C.Metrocrest Services - Councilmembers Franklin and Hill Notes: Agenda Date: 05/23/2017 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 05/23/2017City Council Text of Legislative File 2017-3401 Title A.Dallas Regional Mobility Coalition - Mayor Hunt and Councilmember Roden B.Metrocrest Community Clinic - Councilmember Hill C.Metrocrest Services - Councilmembers Franklin and Hill Summary Fiscal Impact: Staff Recommendation: Goal Icon: Page 1City of Coppell, Texas Printed on 5/19/2017 Master Continued (2017-3401) Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 5/19/2017