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CP 2017-07-11City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, July 11, 2017 KAREN HUNT NANCY YINGLING Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN Place 2 Place 6 WES MAYS MARK HILL Place 3 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.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.071, Texas Government Code - Consultation with City Attorney. Seeking legal advice regarding the planned development district within the Villages of Coppell. 3.Work Session (Open to the Public) 1st Floor Conference Room Page 1 City of Coppell, Texas Printed on 7/7/2017 July 11, 2017City Council Meeting Agenda A.Discussion regarding Senate Bill 4. B.Discussion regarding Enterprise Resource Planning and Project Management Contract. C.Discussion regarding the 2017 Parks and Recreation Master Plan. D.Update on the Cotton Belt Rail Line. E.Discussion of Agenda Items. SB4 Work Session Memo.pdf Memo ERP Work Session 07-11-17 PIER Proposed Budget - WS Parks and Rec Master Plan memo.pdf Cotton Belt Update Memo.pdf Attachments: Regular Session (Open to the Public) 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Citizens’ Appearance 7.Consent Agenda A.Consider approval of the minutes: June 13, 2017. Minutes.pdfAttachments: B.Consider approval of an Ordinance for Case No. PD-286-R, Pecan Creek Shopping Center (Pecan Creek Addition), a zoning change from R (Retail) to PD-286R (Planned Development-286-Retail), to allow the development of office, retail and restaurant uses on 2.5 acres of property located at the northeast corner of S. Denton Tap Road and the DART R.O.W., and to amend the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on property located along the east side of S. Denton Tap Road, between E. Bethel Road and the DART R.O.W., west of the centerline of the creek, containing approximately 8 acres of land; and authorizing the Mayor to sign. Cover Memo.pdf Ordinance.pdf Exhibit A - Land Use Amendment.pdf Exhibit B - Legal Desription.pdf Exhibit C - Site Plan.pdf Exhibit D - Landscape Plan.pdf Exhibit E - Tree Survey.pdf Exhibit F - Building Elevations ( 2 pages).pdf Attachments: Page 2 City of Coppell, Texas Printed on 7/7/2017 July 11, 2017City Council Meeting Agenda C.Consider approval of a Resolution finding that ONCOR Electric Delivery Company LLC’s (“ONCOR” or “Company”) application to change rates within the City should be denied; finding that the City’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this resolution is passed is open to the public as required by law; and authorizing the Mayor to sign. Resolution Approving Denial of ONCOR 2017 Rate Case.pdf Denial Resolution Oncor Rate Case 2017.pdf Attachments: D.Consider approval of Project Order Number 4 to the agreement with Gallagher Construction to allow project management of the Coppell Arts Center; and authorizing the Mayor to sign. Gallagher Arts Center-memo.pdf Gallagher Contract-CN 2014-06-04.pdf Attachments: E.Consider approval of the purchase of traffic signal controllers and central software from Texas Highway Products, LTD; in the amount of $241,040.00; as budgeted in Infrastructure Maintenance Funds; utilizing Buyboard Cooperative Purchasing Contract No. 534-17; and authorizing the City Manager to sign any necessary documents. Signal Controller Memo.pdf Signal Controller Exhibit 1.pdf Signal Controller Exhibit 2.pdf BuyBoard Information.pdf Signal Controller Quote.pdf Attachments: F.Consider approval to enter into a contract with Scodeller Construction, Inc. for annual crack and joint sealing; in the amount of $100,000.00; as budgeted in Infrastructure Maintenance Funds FY 2017/18; with the option to renew four times annually; and authorizing the City Manager to sign any necessary documents. Crack Seal Award Memo.pdf Specs for Cracks & Joints.pdf Crack Seal Bid Tab.pdf Scodeller Bid.pdf Attachments: End of Consent Agenda 8.Consider entering into a contract for the replacement and installation of the Cisco Core Switch gear at Town Center, Justice Center, and 265 Parkway Blvd, in the amount of $271,402.90, as budgeted and based upon the GSA Contract Schedule GS-35F-0563U; and authorizing the City Manager to sign the necessary documents. Cisco Core Swich Council Final Memo.pdf Cisco Core Upgrade Equipment GSA_City of Coppell.pdf Attachments: Page 3 City of Coppell, Texas Printed on 7/7/2017 July 11, 2017City Council Meeting Agenda Cisco Core Upgrade Pro Services_City of Coppell.pdf 9.City Manager Reports - Project Updates and Future Agendas 10.Mayor and Council Reports A.Report by Mayor Hunt and the City Council on the Celebrate Coppell festivities. B.Report by Councilmember Roden on the Dallas Sales Force Developers Group. PhotoA.jpg PhotoB.jpg Attachments: 11.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. Adjournment ________________________ Karen Selbo Hunt, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 7th day of July, 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 7/7/2017 July 11, 2017City Council Meeting Agenda Page 5 City of Coppell, Texas Printed on 7/7/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3457 File ID: Type: Status: 2017-3457 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 07/03/2017File Created: Final Action: Executive SessionFile Name: Title: Seeking legal advice regarding the planned development district within the Villages of Coppell. Notes: Agenda Date: 07/11/2017 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 07/11/2017City Council Text of Legislative File 2017-3457 Title Seeking legal advice regarding the planned development district within the Villages of Coppell. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3457) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 7/7/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3441 File ID: Type: Status: 2017-3441 Agenda Item Work Session 1Version: Reference: In Control: Finance 06/22/2017File Created: Final Action: Work SessionFile Name: Title: A.Discussion regarding Senate Bill 4. B.Discussion regarding Enterprise Resource Planning and Project Management Contract. C.Discussion regarding the 2017 Parks and Recreation Master Plan. D.Update on the Cotton Belt Rail Line. E.Discussion of Agenda Items. Notes: Agenda Date: 07/11/2017 Agenda Number: Sponsors: Enactment Date: SB4 Work Session Memo.pdf, Memo ERP Work Session 07-11-17, PIER Proposed Budget - WS, Parks and Rec Master Plan memo.pdf, Cotton Belt Update Memo.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 07/11/2017City Council Text of Legislative File 2017-3441 Title A.Discussion regarding Senate Bill 4. B.Discussion regarding Enterprise Resource Planning and Project Management Contract. C.Discussion regarding the 2017 Parks and Recreation Master Plan. D.Update on the Cotton Belt Rail Line. E.Discussion of Agenda Items. Page 1City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3441) Summary Fiscal Impact: Staff Recommendation: 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 7/7/2017 1 MEMORANDUM To: Mayor and City Council, City Manager Mike Land From: Mac Tristan, Chief of Police Date: June 22, 2017 Reference: City Council Work Session Item for July 11, 2017 on Senate Bill 4 2030: Coppell 2030, Healthy Neighborhoods/Safe Neighborhoods Introduction: The governor has signed SB 4 into law and it becomes effective September 1, 2017. The bill, dubbed the “sanctuary city” bill by some, addresses certain aspects about assistance provided by state officers in the enforcement of federal immigration laws. Chief Mac Tristan will provide an overview and summary of Senate Bill 4 and the impact it will have on local law enforcement as well as city governments. 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: July 11, 2017 Reference: Update on Enterprise Resource Planning (ERP) Replacement project 2030: Sustainable City Government Introduction: The purpose of this work session item is to update Council on the status of the Enterprise Resource Planning project. The Discovery phase began in May 2016, when the contract with Online Business Systems (OBS) for Project Management Services was approved by Council. The following is a brief history of the City-wide Tyler/Energov/Munis project:  On March 31, 2015, the Engineering Department presented to Council the 1st phase of the City-wide software review and replacement program. In August 2015, Council awarded the project management contract and authorized the purchase of the Tyler Technology software. Engineering/Community Development went “live” in October 2016.  A brief history of the New World system: o In 1995, converted from USTI to New World AS400 system (Green Screens) o After 16 years, in 2011, converted to New World.net (Internet-based) o Tyler Technologies purchased New World Systems in 2015. The New World product is now at end of life.  The discovery contract with OBS had three phases: Planning & Needs Analysis, Solution Definition, and Contracting & Planning, which began in May 2016 and is now concluding with the presentation of a contract for Council’s consideration.  Key Goals of the ERP project are: o To retire the New World System o To minimize change o Implement and embrace a new technology solution o Explore opportunities  Best practices  One solution vs. many different solutions 2 Analysis: Tyler Contract:  Phase I of the project will introduce modernization and improvements by en abling automation, reducing paper, streamlining workflows, and simplifying year end closing.  Phase II will offer tighter integration of Payroll, Time and Attendance and scheduling solutions that will bring overall improvement to the process.  Phase III will provide an integrated work order system.  In Phase IV, Utility Billing will be using a much more sophisticated and automated system.  The Munis 2017 release is expected to be July 15, 2017, with the start of engagement approximately 60 days thereafter.  The contract will be written as a not to exceed contract and this will include travel expenses.  The payment terms include milestone payments, not just payments based upon the passage of time.  If services are not utilized during a specific phase, they will be rolled to the next phase.  Should we need additional services during the contract term, the rate will be fixed for 27 months.  Maintenance fees are free for the first year.  Munis will continue to support the New World software until all phases have been implemented.  In lieu of a Demo environment, Munis will do an early install of the 2017 product all planned modules.  A Demo of the software has been scheduled for August 15 & 16, 2017.  Munis is providing the City with four (4) free conference registrations for 2018. Online Business Systems Contract: As per the requirements from Tyler Technologies the following is an excerpt from the statement of work provided by Tyler as essential success criteria for the Tyler Munis Project (PIER). The City of Coppell shall assign Project Manager(s) prior to the start of this project with overall responsibility and authority to make decisions related to project Scope, scheduling, and task assignment, and communicates decisions and commitments to the Tyler Project Manager(s) in a timely and efficient manner. When the City of Coppell Project Manager(s) do not have the knowledge or authority to make decisions, he or she engages the correct resources from City of Coppell to participate in discussions and make decisions in a timely fashion to avoid project delays.  Contract Management o Validates contract compliance throughout the project o Ensures invoicing and Deliverables meet contract requirements o Acts as primary point of contact for all contract and invoicing questions o Signs off on contract milestone acknowledgment documents o Collaborates on and approves Change Requests, if needed, to ensure proper Scope and budgetary compliance  Planning o Review and acknowledge Implementation Management Plan o Defines project tasks and resource requirements for County project team o Collaborates in the development and approval of the initial Project Plan and Project Plan o Collaborates with Tyler Project Manager(s) to plan and schedule project timelines to achieve on - time implementation 3  Implementation Management o Tightly manages project budget and Scope and collaborates with Tyler Project Manager(s) to establish a process and approval matrix to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently o Collaborates with Tyler Project Manager to establish and manage a schedule and resource plan that properly supports the project Plan, as a whole, that is also in balance with Scope/budget o Collaborates with Tyler Project Manager(s) to establishes risk/issue tracking/reporting process between the City of Coppell and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to Tyler any items that may impact the outcomes of the project o Collaborates with Tyler Project Manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project o Routinely communicates with both City of Coppell staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the project by all team members  Team Management o Acts as liaison between project team and stakeholders o Identifies and coordinates all City of Coppell resources across al l modules, Phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices o Provides direction and support to project team o Builds partnerships among the various stakeholders, negotiating authority to move the project forward o Manages the appropriate assignment and timely completion of tasks as defined in the project plan, task list, and production cutover checklist o Assesses team performance and takes corrective action, if needed o Provides guidance to City of Coppell technical teams to ensure appropriate response and collaboration with Tyler technical support teams to ensure timely response and appropriate resolution o Coordinates in Scope 3rd party providers to align activities with ongoing project tasks Legal Review: The agenda item will be reviewed by legal as part of the agenda review process when this is scheduled to be considered by Council. Fiscal Impact: The proposed project will be implemented using the phased approach. There will be four (4) phases, with a proposed start date of September 2017 and ending with the final module going live in January 2021. From start to finish, this will be a 3½ year project. Phase I will include the Financials and some system-wide components/software, Phase II encompasses the core Human Resources/Payroll programs, Phase III is Asset Maintenance and is scheduled to run concurrently with Phase II. Phase IV is the conversion of the Utility Billing system. The total estimated cost for the project, including Project Management Services, is $2,335,941. General Fund - Fund Balance was set aside in the amount of $2,200.000. A portion of these funds have been used for Project Management Services during the Discovery Phase of the project and for the ExecuTime software purchase from Tyler for Time and Attendance. Currently there is $1,757,320 remaining in Designated Fund Balance. Recommendation: The Finance Department would recommend that when the contract is brought forward for consideration that the City Council approve the ERP contract. PIER - Proposed Budget v.11 Council Worksession - July 11, 2017 Budget Items Total Tyler - Required Total Tyler Software 325,040$ Total Tyler Services - Not to Exceed 542,600$ Total Third Party Hardware, Software & Services 1,650$ Tyler Travel Expenses - Not to Exceed 151,693$ Tyler - Optional IVR Gateway 9,000$ IVR Implementation Cost 7,650$ Format - P-Card Import format if not supported 15,000$ Format - Frost Bank Check Recon Import format if not supported 1,000$ Format - Frost Bank Positive Pay Export Format if not supported 3,000$ Format - UB Interface 4,400$ Format - UB Interface Implementation 2,550$ Related activities NWS services to support archival of NWS for read-only / historical 10,000$ Project Management Project Management - Fixed Price based on Roadmap Duration*1,050,000$ Total Budget 2,123,583$ Contingency Budget 212,358$ Total Budget with Contingency 2,335,941$ 1 MEMORANDUM To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Date: July 11, 2017 Reference: Discussion related to the 2017 Parks and Recreation Department Master Plan. 2030: Sustainable City Government Strategy: Excellent and Well-Maintained Infrastructure and Facilities. Introduction: The Parks and Recreation Department completed its last Master Plan in April of 2010. The major goals and objectives of that plan have either been completed or were due for reevaluation in order to align them with current and future community needs. The primary purpose of the Parks and Recreation Master Plan is to create a clear set of goals, policies and objectives that will provide direction to City staff, the Parks and Recreation Advisory Board and the City Council for redevelopment and enhancement of the City’s park system, open space, trails, recreation facilities and recreation programs for the short term (2017), the mid-term (2020) and the long term (2025). The National Park and Recreation Association (NRPA) recommends updating master plans every five to seven years as a standard for incorporating current and future trends into parks, facilities and programs. Coppell’s Parks and Recreation Department leadership, along with its advisory and volunteer support network, have implemented a responsive approach to the development of recreational opportunities for its citizens. The department’s span of influence on the quality of life in Coppell ranges from providing active, passive and self-directed recreation programs to creating aesthetically pleasing and drought tolerant streetscape and public property settings. Although the list of completed projects since 2010 indicates a significant advancement of Council and Park Board priorities, the departments FIVE-YEAR Plan provides an aggressive, fiscally responsible, approach to maintaining and improving programs and facilities. It is suggested that departmental leadership will redevelop and program park and facility spaces to address current and future trends in generational and cultural social patterns. 2 Analysis: The Master Plan includes the following components: • Industry master plan statistics/data (i.e. base maps, GIS data, surveys, existing reports, related planning studies, socio-economic data, demographics, and growth patterns, etc.). • Inventory of areas, programs and facilities including physical conditions, features, opportunities and constraints. • Needs assessment and identification through a demand-based approach, a standard-based approach and a resource-based approach. • Parks and Recreation vision for Coppell through public participation by branding the project, utilizing all public contact options, conducting public opinion surveys and collecting and disseminating information through open public forums. • Priority of needs for indoor and outdoor activities, area and/or facility specific. Legal Review: None required for this item. Fiscal Impact: There is no fiscal impact of this Agenda item. Recommendation: This item is for information purposes only. The request for approval of the Master Plan will be forthcoming at a future Council meeting. C I T Y O F C O P P E L L EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY Introduction Coppell is a city that is known in the region and beyond for its excellent parks and recreation system. Residents and visitors use the parks and recreation services considerably for both passive and active recreation and leisure activities. As Coppell approaches “build out,” its parks and recreation system and programs can continue to enrich the quality of life for both residents and for people who have discovered Coppell’s parks and recreation opportunities as a destination to visit. Coppell is beneficially located near DFW Airport, contains and is adjacent to major highways, and has a beautiful creek and green space system based on the Denton Creek segment of the Trinity River Watershed. It has beautiful trees and green spaces that the community takes pride in, and the community also advocates for sustainability and green-related efforts. The City of Coppell has recently undertaken significant improvements to Andrew Brown Park, which will serve as a focal point for parks and recreation in the city, and a signature destination for both residents and visitors. Although no additional parks of this scale are necessary for the city to continue thriving, the importance of providing additional, smaller scale, neighborhood or “pocket” parks or passive open space was identified as important to the community through this planning process. In terms of recreation, Coppell is experiencing some facility use challenges from competitive youth and team sports vs. the recreational level offerings. The fields and facilities for recreation are high quality and experience extensive use. Balancing the need for maintenance and preservation of these significant assets, while providing sound facilities management with policies based on best practices and the needs of the community, are vital to the parks and recreation system’s continued success. Working through these issues, as well as performing analysis on appropriate solutions to address them, were some of the key efforts of the planning process. Opportunities for enhancements to programming were also reviewed and assessed with the update to the Parks and Recreation Master Plan. Recommendations have been created to continue to enhance the quality of life of Coppell residents and contribute to the City’s economic development efforts. 4 Purposes of The Plan The challenge moving forward for Coppell is to maintain the high quality level of the parks and recreation system while continuing to make strategic improvements to adapt to evolving demographics and trends, in addition to replacing outdated components to the system as needed. With this update to the Parks and Recreation Master Plan, strategies have been provided to implement these improvements and replacements, based on the feedback of the community gathered throughout the process and on previous planning efforts and accomplishments. The recommendations contained in this Plan serve as a component to the Coppell 2030 Comprehensive Master Plan, to assist in its implementation and provide additional detail to the enrichment and improvement of the Coppell parks and recreation system to continue to meet the needs of the Coppell community. 5 EXECUTIVE SUMMARY Community Profile Coppell’s many beautiful parks and thriving recreation programs have contrib- uted greatly to making it a vibrant and active community that is regularly recog- nized as one of the best places to live in the region. Residents frequently cite the excellent services provided by the City and department as a major contributor making Coppell such a desirable place to live. The Parks and Recreation Department is a CAPRA (Commission for Accredita- tion of Parks and Recreation Agencies) accredited parks system comprised of 17 parks with features ranging from playgrounds and splash areas to walking trails and sports fields. The department also offers recreation and fitness activities at The CORE, Wagon Wheel Tennis Center, the Coppell Senior and Community Center at Grapevine Springs, and the Biodiversity Education Center. In the early years of the Coppell parks system, before a dedicated department even existed, staff consisted of a few employees whose job it was to mow a small amount of park area located within the City. The community was small, and the value of parkland was only just beginning to be recognized. In the early 1980s, the first significant amounts of parkland were acquired, but the commu- nity still relied on various local civic organizations to provide recreation services. In 1996, the Parks and Leisure Services Department was created, and the first director was hired. During this same time, voters in Coppell approved a one-half cent sales tax dedicated to recreation development. The influx of resources to the department caused an explosion of planning and development. In 1996, seven Park Operations employees moved over from the Public Works Depart- ment, and two additional staff members were hired, making a total of nine staff positions. By 1998, the number of positions had grown to 20 and by 2000 to 31 full time positions, plus 37 full time equivalents. In 2016, the department contin- ued to grow and expanded to 91 full time equivalents. To this day, Coppell continues to place a high value on parks and outdoor gather- ing spaces, as well as recreation activities. The expansion of the department has included an expansion of facilities constructed to further recreation and fitness opportunities. Through The CORE, Wagon Wheel Tennis Center, the Coppell Se- nior and Community Center at Grapevine Springs, and the Biodiversity Education Center, the department continues to serve citizens of Coppell in new ways and promote community building through recreation, fitness, environmental educa- tion, and special events. The redevelopment of the Andrew Brown Parks system is another example of citizen involvement and the value placed on quality facilities and community gathering spaces. Several years ago, through a series of strategic planning sum- mits, the idea was suggested to create major changes to the usage of the park 6 areas in the future, allowing for improvements to youth sports amenities and adding passive park spaces for family and community gathering. These two goals became the baseline for a redesign of the parks in 2011 and have continued to be the focus since. In 2016, the department broke ground on the project and in 2017 will re-open the improved spaces. The redeveloped park will have com- munity gathering areas with pavilions for performances and community uses, passive areas for sitting quietly enjoying the outdoors with friends and family, as well as an area appropriately sized for the large events that Coppell citizens have enjoyed for years. It will also include a rejuvenated youth athletic complex at Andrew Brown Park West, with a softball complex and new field sports complex, improved trails throughout, a playground, and basketball and volleyball courts. In the pursuit of creating exceptional experiences for citizens, the Parks and Rec- reation Department has provided a variety of diverse opportunities for citizen input to address the continuously changing desires of the Coppell community. With a continued passion to not only meet but exceed the needs of a demand- ing public, the Parks and Recreation Department should be able to sustain past successes and create a lasting vision for the future of Parks and Recreation in Coppell. 7 EXECUTIVE SUMMARY Engagement and Feedback Both Parks and Recreation Master Plan efforts in 2010 and in 2017 include; a complete parks, recreation, open space, and trails needs assessment. Activities included obtaining community input through focus groups, stakeholders meetings, community-wide public meetings, the random distribution of a comprehensive community survey, creating an in depth profile of demographics of the Coppell area, and examining national and local recreational trends. This Plan takes a look at Coppell’s future for the next 10 to 15 years, recognizing that an update to the Plan will be necessary in approximately five years. The Plan identifies the current Level of Service (LOS) as well as the upgrades for the recommended LOS for the future growth of the City of Coppell. The costs associated with some of the potential LOS improvements are included in the Plan in 2016 figures. An analysis of programs, services, and administration/ operations with recommendations are also included in the Plan. General findings from the Level of Service analysis in 2010 include: • Coppell has a significant inventory of both outdoor components and indoor facilities. For outdoor components, amenities are concentrated in a few locations, primarily in the Andrew Brown parks along the north side of the City, and at Wagon Wheel Park in the western side. • Although Coppell has a series of high-quality trails within its parks, it does not have a well-connected network of trails that allows people to get to parks from throughout the City. • Service in all categories is low in the southeast portion of Coppell. This may become a bigger concern if plans for new development just beyond Coppell’s border are carried forward. Although the new development will be in Dallas, its residents would be cut off from direct access to parks and other amenities in Dallas and would be likely to look to Coppell for those services. The themes or findings above were still found to be relevant in the Level of Service analysis conducted with this planning effort. The third finding above referenced what would become the Cypress Waters development in Dallas, which has drastically changed the context of the City of Coppell’s park property at North Lake. Contained in each topic-oriented chapter of this Plan is a needs assessment and strategy framework that builds upon these themes. 8 The results and recommendations of the Plan are based on an extensive process of community engagement including: • A branded project website for updates and information • Two day on site team workshop • Social media posts and advertisements promoting the plan and engagement opportunities • Three public workshops • Extensive staff involvement and interviews • A comprehensive online survey The following are summaries of each engagement event. Additional detail is provided in the Appendix of this report. 9 EXECUTIVE SUMMARY Parks and Open Space Coppell has significant parkland assets that rank the city as a premier provider of park destinations in the region. As the city approaches build out and land remaining for additional parks and open spaces becomes scarce, the focus must shift from land acquisition to existing parks and open spaces enhancements. Public policy should be enacted to encourage developers to provide adequate space for the needs of residents and visitors to their development. This strategy can also assist by capitalizing on key redevelopment areas within the city where neighborhoods may benefit from additional parks and open spaces. The Coppell Parks and Recreation Department manages and maintains approximately 544 acres of park land, nature preserves, a cemetery, and City grounds. Facilities include the CORE, Wagon Wheel Tennis Center, the Coppell Senior and Community Center at Grapevine Springs, the Biodiversity Education Center, and Rolling Oaks Memorial Center. This chapter will focus on the parks and open spaces in Coppell. Trails and Sidewalks, Recreation and Programming, and Facilities and Operations will all be discussed in separate, subsequent chapters in the Plan. 10 Accomplishments Since 2010, the following accomplishments were achieved: • Renovation and Expansion of the Coppell Aquatics & Recreation Center - 2011 • Renovation and Expansion of the Wagon Wheel Tennis Center - 2011 • Replacement of Kid Country Playground - 2012 • Trail Protection & Erosion Control for Andrew Brown Park East Phase I (Central Lake) - 2013 • Median Landscape Master Plan - 2013 • Construction of the Waggin’ Tails Dog Park - 2013 • Construction of the Square at Old Town Coppell (Pavilion, Playground & Interactive Fountain) - 2014 • Construction of the Biodiversity Education Center - 2014 • Northlake College Trail Connector - 2014 • Coppell Road Side Path Trail - 2014 • Trail Protection & Erosion Control for Andrew Brown Park East Phase II (East Lake) - 2015 • Levee Bridge trail connector - 2015 • West Sandy Lake Road Side Path Trail - 2015 • Grapevine Springs Park/Old Town Connector Trail - 2015 • Bicycle & Pedestrian Master Plan - 2015 • Grapevine Springs Park Trail Feasibility Study - 2015 • Tennis Center Erosion Repairs - 2015 • Wagon Wheel Park Storm Water/Erosion Repairs - 2016 • Freeport Parkway Trail North and South - 2016 • Redevelopment of Andy Brown East and West - 2017 Needs Assessment In the 2010 Parks and Recreation Master Plan, the following issues/themes were present: • Park Maintenance: concern related to the deterioration of certain elements in the system and the ability to renovate and keep these facilities at the superior quality that the Coppell citizens have come to expect. • Administration-Related: issues relating to providing staff with involvement in improvements, training, resources, and communication. • Coppell had a significant inventory of both outdoor components and indoor facilities. For outdoor components, amenities were concentrated in a few locations, primarily in the Andrew Brown Parks along the north side of the city and at Wagon Wheel Park on the western side. 11 EXECUTIVE SUMMARY • Service in all categories was low in the southeast portion of Coppell. • The Andrew Brown Parks improvements were being contemplated and assessed, and they had not yet been started. In the planning process for the update to the Parks and Recreation Master Plan, the themes discussed above were still present on the topic of parks and open spaces. The following list represents the updated needs, generally, as assessed in the community engagement for this planning effort: • Maintaining existing parks and open spaces at a high level of quality is still important to the community • Providing staff with resources to be involved in improvements, training, resources, and communication/transparency tools is desired • There may be opportunities to provide new parks and open spaces in certain under served areas of the city • Community is looking forward to the Andrew Brown Parks improvements but may want additional, minor tweaks to the new installations • More passive open space (specifically small or “pocket” park type) is desired • Amenities such as benches, lighting, shade/trees, and clean restrooms are desired in some areas The parks inventoried for this plan are in exceptional condition. With the renovations of the Andrew Brown parks, the system contains some of the best recreational opportunities in the Metroplex. Throughout the planning process, it was evident that the public and the City do not want to neglect the rest of the system after such a significant investment in the Andrew Brown system. Physical park improvement needs were identified for the following parks: Grapevine Creek Park • Soft surface nature trail • Possible parking (on street) • Pedestrian bridge over creek Areas Adjacent to Cypress Waters • Trail connections • Potential for improvements and recreation opportunities on Coppell- owned land and water areas Denton Creek Park • Trail connections to adjacent communities Coppell Nature Park • Expand outdoor education offerings • Enhance soft surface trails 12 With the community feedback in mind, an additional needs assessment was completed with the update to the Parks and Recreation Master Plan. According to the Texas Parks and Wildlife Department (TPWD), “The following three approaches may be employed in determining parks and recreation needs: (1) demand-based, (2) standard-based, and/or (3) resource-based: • The demand-based approach relies on information gathered from participation rates, surveys, and other information that indicates how much of the population wants certain types of facilities. • The standard-based approach uses established standards to determine facilities and park areas needed to meet the needs of a given population size. The standards may be based on demand studies, the professional judgment of park and recreation planners and designers, etc. • The resource-based approach examines the assets and resources of the area for open space and parks and recreation facilities and defines how these resources can be utilized. For example – the availability of a lake or river within an area is a resource that can be utilized in developing a park system. (TPWD)” This Plan utilizes a combination of all three approaches, complemented and informed by community feedback, to determine the needs of each topic- oriented chapter of the plan. The combination approach resulted in the following two assessments to establish Level of Service (LOS) for parks and open spaces specifically: • Population-based Assessment – Provides a ratio of acreage to population, measured against NRPA standards. • Pedestrian Shed-based Assessment – Provides a geographic range of where certain parks and/or open space may be needed, measured against a standard quarter mile radius for typical maximum pedestrian walk. 13 EXECUTIVE SUMMARY Standards (Park Classifications) In order to provide the parks, recreation, and open space facilities needed by the City’s residents, a set of standards and criteria should be followed. For the purpose of this planning effort, the parks in Coppell were categorized and classified based on park design concepts and standards identified by the National Recreation and Park Association (NRPA): • Neighborhood Parks • Community Parks • Natural Areas and / or Open Space • Special Use Parks Park Type Existing LOS Neighborhood Parks 90.7 acres Community Parks 331 acres Natural Area and Open Space 88.4 acres 14 Trails and Sidewalks Trails and sidewalks are important components of Coppell’s parks and recreation system. They serve many functions relating to mobility and connectivity, recreation, leisure, quality of life, and wellness—all vital to achieve the vision of the Coppell community, established through countless planning efforts. 15 EXECUTIVE SUMMARY Needs Assessment In the 2010 Community-Wide Trails Implementation Plan, three primary objectives were derived from the comments and concerns expressed through the survey and during work sessions: • “Connections: Not only is there a need for trails to connect to one another, but also to key City destinations, to adjacent City trail systems, and to future DART stations • Trail surface options: Provide a hierarchy of trail surface options ranging from concrete paths to natural/nature trails and on-street bike lanes • Trail amenities: Provide a variety of trail amenities such as mile markers, parking, restrooms, and directional signage.” In a community approaching build-out, such as Coppell, these three themes of feedback are typical. In the planning process for the update to the Parks and Recreation Master Plan, the themes discussed above (connections, trail surface options, and amenities) were still present on the topic of trails and sidewalks, but the following list represents the updated needs, generally, as assessed in the community engagement for this planning effort: • Connections: Missing segments of trails that could improve connectivity in the trail network should be installed, and trails to key destinations in Coppell and in adjacent cities should be provided • Trail Master Plan: Alignments in the Trail Master Plan should be reevaluated as some connectivity priorities may have changed since it’s adoption • Trail Types: Although a hierarchy of trail surface options is desired, there is an increased desire for soft-surface trails and off-street, multi-use trails • Trail Amenities: Provide a variety of trail amenities such as mile markers, parking, restrooms, and directional signage with an increased emphasis on pedestrian-scaled lighting, restrooms, and security/safety enhancements specifically • Communication: Provide improved communication through website maps and tools, social media presence, and in park/on-trial signage (including contact information for any management or operational issues) 16 Recreation and Programming The City of Coppell has a varied and comprehensive offering of recreation programs and services for its citizens. There are very few program areas where there are opportunities for improvements by the Department or the City’s program partners. Area Focus Programs Sports Youth Sports Soccer Skills, Fencing, Basketball Skills, Basketball Clinics, Sports Camps Adult Sports Martial Arts, Basketball League, Softball, Kickball Fitness/ Wellness Youth Yoga, Zumba, Sports Conditioning, Coppell Community Garden Adult Yoga, Zumba, Pilates, Spinning, TRX, Fitness on Demand, Other Group Exercise Classes, Sports Conditioning, Personal Training, Coppell Community Garden Cultural Arts Youth Dance, Ballet, Voice, Keyboard/Piano, Camps, Oil Painting, Drawing, Music Lessons Adult Oil Painting, Music Lessons Education Youth Language Arts & Math, Lego Engineering & Robotics, Community and Learning Gardens Adult Sustainable Foods, Cooking Class, Community and Learning Gardens Aquatics Youth Learn to Swim, Birthday Parties, Swim Team, Story Time, Private Swim Lessons Adult Group Exercise General Interest Youth Chess, Babysitting Cert., Birthday Parties Adult N/A Area Focus Programs Special Needs Youth N/A Adult Old Town Community Garden (Raised beds for seniors) Special Events Music in the Plaza, Eggstravaganza, Food Truck Frenzy, 4th of July, Farmers Market, Oakfest, Community Festival, Christmas Parade, Earthfest, Concert on the Lawn, Valentine Dances, Summer Movie in the Plaza, Back to School Ice Cream Social Outdoor Education Youth Clean Coppell, Eco Coppell Earth Fest, Wildflower Seeding, Birding, Arts & Nature, Wild Days, Summer Camps, Field Trips, Parent/Child Programs Adult Geology, Ecology, Gardening, Sustainability, Guided hikes, Smartscape, Native Plant Demonstration Garden, Water Conservation, Eco Coppell Earthfest Seniors Fitness, Trips, Special Events, Special Interest, Gaming/Groups, Arts & Crafts, Education Teens Fencing, Basketball Skills Training, Sports Conditioning, Tennis, Volunteer docent, Coppell Community Garden, Scout Projects Tennis Youth Group Lessons, Private Lessons, Semi-Private Lessons, Tournaments, Summer Camp, Jr. Tennis Team, Drill Classes, Special Events Adult Group Lessons, Private Lessons, Semi-Private Lessons, Tournaments, Pickleball, Leagues, Drill Classes, Special Events Self- Directed Youth Fitness, Aquatics, Sports, Tennis, Nature Hiking, Bird Watching Adult Fitness, Aquatics, Sports, Tennis, Nature Hiking, Bird Watching 17 EXECUTIVE SUMMARY Like many cities in the United States, Coppell faces challenges in the delivery of recreation services in a cost effective and efficient manner. The Department must operate a variety of parks and recreation facilities that are utilized to deliver recreation services. This includes indoor facilities, parks, athletic field complexes, and specialty facilities (tennis center). Inventory The following is an inventory and assessment of current recreation programs and services that are offered by the City of Coppell Parks and Recreation Department: • The Parks and Recreation Department focuses the majority of its programming efforts on youth and seniors. • The majority of program participants (over 60%) are residents of the City. • Many of the programs that are offered are provided by contract service providers utilizing Department facilities or they are facilitated by volunteers or city staff. • The Department has reasonably strong performance measures and record keeping regarding recreation programs and services. • Program areas (either being provided by staff or programming partners) that are the strength of the Department include: • Tennis • Aquatics • Special Events • Seniors • Fitness • Outdoor Education • Youth Camps • Environmental Education • Outdoor Recreation • Sustainable Food/Wellness 18 • Program areas without a strong focus in the Department include: • Special Needs • Education • Teens • General Adult Programs • Youth team sports are primarily provided by youth sports organizations that are in the community. These include: • Coppell Baseball Association • Coppell Girls’ Softball Association • Coppell Lacrosse Association • Coppell Youth Football Association • Coppell Youth Soccer Association • Coppell Family YMCA Recreation programs and services are planned and delivered on a recreation/ community/senior center level as well as through ISD facilities to be responsive to varying needs and expectations. Programs Primary Secondary Support Youth Sports ● Adult Sports ● Fitness/ Wellness ● Cultural Arts ● Education ● Aquatics ● Youth Camps ● General Interest ● Special Needs ● Special Events ● Outdoor Education ● Seniors ● Teens ● Tennis ● Self-Directed ● 19 EXECUTIVE SUMMARY Facilities and Operations Existing Parks and Recreation facilities in Coppell have been developed to a very high level and set the expectation for the rest of the offerings within the depart- ment. This study explored each facility and developed a collection of priority needs associated with improvements that respond to community feedback and recreational trends in the region as well as nationally. Areas of focus Include: • The Core • Wagon Wheel Tennis Center • Senior Center • Biodiversity Education Center • Staffing • Funding • Partnering facilities Town Center Plaza Senior & Community Center Rolling Oaks Memorial CenterWagon Wheel Tennis Center Biodiversity Educational Center The CORE 20 Implementation Strategy Introduction The Parks and Recreation Master Plan is intended to guide the future of the parks and recreation system for the City of Coppell with a forward-thinking vi- sion for the next 10 to 15 years. The Implementation Strategy brings together the past, present, and future to create a prioritized and action-oriented road- map to bring forth significant accomplishments. Purpose Included in the Implementation Strategy are the recommendations from each of the topic-oriented chapters in the Plan: Parks and Open Space, Recreation and Programming, Trails and Sidewalks, and Facilities and Operations. Recommen- dations were created based on the analysis of existing conditions, various needs assessments, and the feedback that was generously provided by the Coppell community. Each action recommendation is provided in the Implementation Strategy with a priority level and estimated cost range. To complement the action matrix, potential funding sources and partnerships are discussed. Assisting with the City’s Texas Parks and Wildlife Department (TPWD) submission for project priority in local park grant funding, a summary of how the TPWD Park, Recreation and Open Space Master Plan Guidelines have been addressed is included in the Implementation Strategy. Although formal submission of compliance to TPWD is not required to participate in the Local Park Grant Program, the submission of master plans for review and approval to TPWD is strongly encouraged and can give Coppell’s projects priority over other cities who have not achieved compliance with the Guidelines. The following is a collection of policies identified for implementation through the planning process. For a complete list of the supportive actions please refer to the Comprehensive Parks and Recreation Master Plan. • Immediate (within 2 years) • Short-Term (within 5 years) • Mid-Term (within 7 years) • Long-Term (within 10 years) • Ongoing (no specific time frame) 21 EXECUTIVE SUMMARY Policy No.Recommended Action GOAL 1: To expand park and open space locations and amenities in strategic locations throughout the city. a) Policy Enrich existing park and open space areas. b) Policy Incrementally provide additional park, open space, and community gathering area opportunities throughout the city. Policy No.Recommended Action GOAL 2: To provide additional connections, trail types, amenities, and enhanced features in the trail and sidewalk network. a) Policy Further connect key destinations and neighborhoods with trails and sidewalks. b) Policy Provide diverse trail surface and design types while preserving desired features of existing park and open space areas and connecting key destinations. c) Policy Provide additional bike and pedestrian amenities along trails and sidewalks. d) Policy Provide a new focus on safety, awareness, and education relating to trails and sidewalks. 22 Policy No.Recommended Action GOAL 3: To provide a diverse variety of recreational opportunities to meet the changing needs of the community. a) Policy Support updated programming classifications. b) Policy Establish a philosophy and plan for the delivery of recreation services to the citizens of Coppell for the next five to 10 years. c) Policy Continue to support the current cost recovery strategy, develop a fee policy, and review every two years. d) Policy Review and update how sports fields are assigned to sports groups and associations. e) Policy Update the fee schedule for use of sports fields. f) Policy Increase (or continue to improve) program offerings in certain, strategic areas. g) Policy Continue to grow opportunities for outdoor recreation and environmental education for all age groups. h) Policy Expand or enhance the existing set of special events and festivals held in Coppell. i) Policy Emphasize Tennis programs and services. Policy No.Recommended Action GOAL 4: To continue providing a high quality parks and recreation system and network while constantly striving for strategic improvements. a) Policy Ensure public safety and maintain existing facilities to the Level of Service the community expects. (2010) b) Policy Ensure the longevity and sustainability of resources and facilities. c) Policy Respond to trends in the provision of facilities for changing demographics. d) Policy Establish and grow partnerships with other organizations and entities to develop and expand recreation programs. e) Policy Improve administrative procedures, record keeping, and performance measures for recreation programs and services. f) Policy Develop an annual strategic planning process for the Department. 23 EXECUTIVE SUMMARY Conclusion Coppell’s Parks and Recreation department leadership, along with its advisory and volunteer support network, have implemented a responsive approach to the development of recreational opportunities for its citizens over the last eighteen years. The department’s scope of influence on the quality of life in Coppell ranges from providing active, passive and self-directed recreation programs to creating aesthetically pleasing and drought tolerant streetscape and public property settings. Responding to the desires of the community as indicated in the 2010 Master Plan, and confirmed by this document, the department is in the final stages of dedicating separate spaces for field sports and passive/special event usage of the Andrew Brown Parks system. The extension and modification of the Coppell Recreation and Development Corporation funding source will enable it to now address the community’s requests for trail additions and median enhancements to complete the Community-Wide Trails Implementation Plan and the Streetscape Master Plan. Although the list of completed projects since 2010 indicates a significant advancement of Council and Park Board priorities, the departments FIVE-YEAR Plan provides an aggressive, but fiscally sensitive, approach to maintaining and improving programs and facilities. Just as the City leadership has taken full advantage of Coppell’s desirable geographic location in the DFW area to implement a well thought out comprehensive plan for sustainable economic patterns, the department leadership will redevelop and program the dedicated park/facility spaces to address current, and prepare for future, trends in generational and cultural social patterns. MEMORANDUM To: Mayor and City Council From: Mike Land, Deputy City Manager Date: July 11, 2017 Reference: Update on Cotton Belt Rail Line discussions 2030: Special Place To Live- Goal 5: Easy access to Dallas-Fort Worth Region, Objective 1 – Participate in regional rail service to Dallas-Fort Worth, Objective 2- Maintain and enhance accessibility to DFW Airport, Objective 5 – Develop regional connections for Coppell residents and employees of Coppell businesses. General Information: I have had continued discussions with Gary Thomas, DART’s Executive Director regarding recent financing votes by the DART Board. During the month of June there were two votes held by the DART Board specifically related to the Cotton Belt Rail Line. In both instances, there were not enough votes to authorize staff to move forward with its federal loan application for the Cotton Belt Rail Line. Since these two votes were taken and as you may have read, the City of Dallas has replaced several of its representatives to the DART Board. Based on my conversation with Mr. Thomas, it is my understanding that near the end of the most recent DART Board meeting staff was asked to pull together a report on all the financing options for the Cotton Belt and D2 (Downtown Dallas subway) and to begin working with the DART Board’s Finance Committee. Per Mr. Thomas, this review process is anticipated to lead to a new vote on both Cotton Belt and D2 funding by the end of September 2017. In the meantime, the noise and vibration analysis as well as the Environmental Impact Statement continue to be completed for the Cotton Belt line. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3440 File ID: Type: Status: 2017-3440 Agenda Item Consent Agenda 1Version: Reference: In Control: City Secretary 06/20/2017File Created: Final Action: MinutesFile Name: Title: Consider approval of the minutes: June 13, 2017. Notes: Agenda Date: 07/11/2017 Agenda Number: A. Sponsors: Enactment Date: Minutes.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/11/2017City Council Text of Legislative File 2017-3440 Title Consider approval of the minutes: June 13, 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 7/7/2017 Master Continued (2017-3440) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 7/7/2017 255 Parkway Boulevard Coppell, Texas 75019-9478City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, June 13, 2017 KAREN HUNT NANCY YINGLING Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN Place 2 Place 6 WES MAYS MARK HILL Place 3 Place 7 MIKE LAND City Manager Karen Hunt;Cliff Long;Wes Mays;Gary Roden;Marvin Franklin;Mark Hill and Nancy Yingling Present 7 - Brianna Hinojosa-FloresAbsent1 - Also present were City Manager Mike Land, City Secretary Christel Pettinos and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, June 13, 2017 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Hunt called the meeting to order, determined that a quorum was present and convened into the Executive Session at 5:41 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.087, Texas Government Code - Economic Development Negotiations. Discussion regarding economic development prospects north of Sandy Lake Road and west of N. Coppell Road. Discussed under Executive Session Page 1City of Coppell, Texas June 13, 2017City Council Minutes Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 5:52 p.m. and convened into the Work Session. A.Discussion regarding Traffic Signal Controllers. B.Discussion regarding Council Committee assignments. C.Discussion regarding 20NEXT - Community Vision Process. D.Discussion regarding the proposed Arts Center. E.Discussion regarding Agenda Items. Presented in Work Session Regular Session (Open to the Public) Mayor Hunt adjourned the Work Session at 7:27 p.m. and reconvened into the Regular Session. Invocation 7:30 p.m.4. Jeff Spangler, Senior Pastor with Generate Life Church gave the Invocation. Pledge of Allegiance5. Mayor Hunt and the City Council led those present in the Pledge of Allegiance. Citizens’ Appearance6. Mayor Hunt advised that no one signed up to speak. 7.Update and discussion related to the “Celebrate Coppell” Event at Andy Brown Park. Brad Reid, Director of Parks and Recreation, gave a final update on Celebrate Coppell. With the event less than three weeks away, Mr. Reid announced the shuttle and parking options, the sponsors and debuted the new amenities. Jessica Carpenter, Assistant Director of Parks and Recreation, updated Council on the scheduled events. Consent Agenda8. A.Consider approval of the minutes: May 23, 2017, and May 30, 2017. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. B.Consider entering into a three-year cooperative agreement with Dallas County for participation in the Community Development Block Grant (CDBG) program, and authorizing the Mayor to sign. Page 2City of Coppell, Texas June 13, 2017City Council Minutes A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. C.Consideration of a Resolution regarding the approval of the City of Coppell’s cooperation with the cities served by Texas New Mexico Power (TNMP) to review TNMP’s application for approval of an adjustment to its Energy Efficiency Cost Recovery Factor; hiring legal and consulting services to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to legal counsel; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. Enactment No: RE 2017-0613.1 D.Consider approval of an Ordinance amending Chapter 1, Article 1-10 relating to City Council Agenda Process and Procedures; and authorizing the Mayor to sign. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that Consent Agenda Items A-D be approved. The motion passed by an unanimous vote. Enactment No: ORD 2017-1476 End of Consent Agenda 9.CONSENT AGENDA: Consider approval of an Ordinance for CASE NO. PD-286-R, Pecan Creek Shopping Center (Pecan Creek Addition), a zoning change from R (Retail) to PD-286R (Planned Development-286-Retail), to allow the development of office, retail and restaurant uses on 2.5 acres of property located at the northeast corner of S. Denton Tap Road and the DART R.O.W., and to amend the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on property located along the east side of S. Denton Tap Road, between E. Bethel Road and the DART R.O.W., west of the centerline of the creek, containing approximately 8 acres of land. Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the City Council. The property owner, Saad Biaruty, was available for questions of the Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: Page 3City of Coppell, Texas June 13, 2017City Council Minutes 1) David Flesher, 116 Wrenwood Dr., owner of Grow It Designs Landscape, is excited about the new retail development and is in support of the case. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Nancy Yingling, to close the Public Hearing and approve the Agenda Item subject to the following conditions: 1) Additional comments may be generated upon detail engineering review and building permit; 2) This property shall be re-platted to provide fire lanes and easements for this development; 3) A Tree Removal Permit will be required prior to the removal of any trees; and 4) Correction of the landscape calculations. The motion passed by an unanimous vote. 10.Consider approval of a professional service contract for audit services of the Fiscal Year 2017, Fiscal Year 2018, and Fiscal Year 2019 and authorizing the City Manager to sign Presentation: Jennifer Miller, Director of Finance, made a presentation to the City Council. A motion was made by Councilmember Wes Mays, seconded by Councilmember Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. 11.Consider approval to enter into a contract with IIPL USA, LLC, for the reconstruction of various alleyways; in an amount of $847,300.00; as budgeted; and authorizing the City Manager to sign any necessary documents. Presentation: Jamie Brierton, CIP Coordinator, made a presentation to the City Council. A motion was made by Councilmember Mark Hill, seconded by Councilmember Marvin Franklin, that this Agenda Item be approved. The motion passed by an unanimous vote. 12.Consider approval of authorizing Engineering Department to proceed with the design of Parkway Boulevard. Presentation: Ken Griffin, Director of Engineering and Public Works, made a presentation to the City Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Gary Roden, that this Agenda Item be approved. The motion passed by an unanimous vote. 13.Consider approval of a Resolution supporting the DART Board design and realignment of the Cotton Belt Rail Line to support a southern reconfiguration into Northlake; and to provide for grade separation, quiet zones, sound walls and trails; and authorizing the Mayor to sign. Page 4City of Coppell, Texas June 13, 2017City Council Minutes Presentation: Mike Land, City Manager, made a presentation to the City Council. A motion was made by Mayor Pro Tem Nancy Yingling, seconded by Councilmember Wes Mays, that this Resolution be approved. The motion passed by unanimous vote. Enactment No: RE 2017-0613.2 14.Consider approval of a Resolution authorizing Phase 2 of the existing architectural services contract with Corgan Associates, Inc. for Design Development and Construction Documents services for the proposed Coppell Arts Center totaling $643,750; and authorizing the Mayor to sign. Presentation: Mike Land, City Manager, made a presentation to the City Council. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Wes Mays, that this Resolution be approved. The motion passed by an unanimous vote. City Manager Reports - Project Updates and Future Agendas15. City Manager Mike Land complimented Brad Reid on his update of Andy Brown Park East. There are still some items on the punch list to resolve, but they will be tended to after the festivities. Mr. Land will be on vacation beginning June 14th and will return on June 21st. Police Chief Mac Tristan will be acting City Manager. Mayor and Council Reports16. Report by Mayor Hunt regarding upcoming events. Mayor Hunt announced the Library has weekly ESL classes. ESL Conversation Club is held on Tuesdays at 10:30 am. Stop by the library to practice your English conversational skills. Bring your tablet, smart phone, or laptop to learn about resources to continue the conversation at home! The group is designed for non-English speakers ages 18 and older. Space is limited, so sign-up is required. Please email cozbyprograms@coppelltx.gov or call 972-304-3658. The Library is also hosting a hygiene/cleaning supplies drive for Metrocrest Services June 3 - July 25. When we think of donation drives we first think of canned goods during the holiday months, but hygiene items are in high demand all year long. This summer, the Library will be collecting hygiene items like shampoo, toothpaste, deodorant, baby wipes, and laundry detergent for Metrocrest Services. A full list of requested items is available at the Information Desk and on the donation box in the lobby. All donations will go to Metrocrest Services in Farmers Branch. To find out more about Metrocrest and the aid they give to our community, please visit www.metrocrestservices.org Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 17. Page 5City of Coppell, Texas June 13, 2017City Council Minutes A.North Central Texas Council of Governments - Councilmember Mays B.North Texas Commission - Mayor Pro Tem Yingling and Councilmember Franklin C.Historical Society - Councilmember Long A. Councilmember Mays reported NCTCOG has recently published a Green Infrastructure Guide Book as a resource for municipalities. The 8th Annual Clean Air Action Day will be held on June 23rd. Finally, the General Assembly will be held on June 16th at the Hurst Conference Center. B. Mayor Pro Tem Yingling reported the North Texas Commission completed their strategic visioning and are taking next steps to put it into action. C. Councilmember Long reported on Pioneer Days. Many from the Historical Society participated in sharing old maps, graphs and pictures, provided cotton planting demos and churned butter. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 18. Nothing to report. Necessary Action from Executive Session19. Nothing to report. Adjournment There being no further business before the City Council, the meeting was adjourned at 9:27 p.m. ________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Christel Pettinos, City Secretary Page 6City of Coppell, Texas Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3363 File ID: Type: Status: 2017-3363 Agenda Item Agenda Ready 3Version: Reference: In Control: Planning & Zoning Commission 05/01/2017File Created: Final Action: Pecan Creek Shopping CenterFile Name: Title: Consider approval of an Ordinance for Case No. PD-286-R, Pecan Creek Shopping Center (Pecan Creek Addition), a zoning change from R (Retail) to PD-286R (Planned Development-286-Retail), to allow the development of office, retail and restaurant uses on 2.5 acres of property located at the northeast corner of S. Denton Tap Road and the DART R.O.W., and to amend the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on property located along the east side of S. Denton Tap Road, between E. Bethel Road and the DART R.O.W., west of the centerline of the creek, containing approximately 8 acres of land; and authorizing the Mayor to sign. Notes: Agenda Date: 07/11/2017 Agenda Number: B. Sponsors: Enactment Date: Cover Memo.pdf, Ordinance.pdf, Exhibit A - Land Use Amendment.pdf, Exhibit B - Legal Desription.pdf, Exhibit C - Site Plan.pdf, Exhibit D - Landscape Plan.pdf, Exhibit E - Tree Survey.pdf, Exhibit F - Building Elevations ( 2 pages).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 PassApproved05/18/2017Planning & Zoning Commission Page 1City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3363) Marcie Diamond, Assistant Director of Community Development/Planning, introduced the case with exhibits. Ms. Diamond stated that staff is recommending approval subject to the following conditions: 1. Additional comments may be generated upon detail engineering review and building permit. 2. This property shall be re-platted to provide fire lanes and easements for this development. 3. A Tree Removal Permit will be required prior to the removal of any trees. 4. Correction of the building size on the Impervious Surface calculations. 5. Correction of the landscape calculations. 6. Revise the Site and Landscape plans to provide pedestrian access from the sidewalk along Denton Tap to the doors on the west elevations. Commissioner Williford asked Ms. Diamond if there is a requirement for the proposed property to have doors along Denton Tap Rd. Ms. Diamond stated that there is not a requirement, but that it is important for the property to resemble a front because a retail center backing up to a major thoroughfare would not be appropriate. Commissioner Sarma asked Ms. Diamond if the floodplain extends into the site. Ms. Diamond replied that the floodplain does not extend into the site. Mori Ahkavan, Mori's Engineering, 2616 Pickwick Lane, Plano, Texas, 75093, and Saad Biaruty, Biladi Investments, LLC, 1015 N. 35E, #315, Carrollton, Texas, 75006, were present to address questions and concerns from the commission. Mr. Ahkavan agreed with the conditions presented by staff. Commissioner Willifod asked Mr. Ahkavan if he intends on having doors that front Denton Tap Road. Mr. Ahkavan stated that they do plan on having doors that front Denton Tap as well as sidewalks for pedestrian access. Commissioner Guerra asked the applicant, as well as the owner, what type of retail they are wanting to occupy the first proposed building. Mr. Biaruty stated that they would prefer to have "general retail" tenants. Commissioner Guerra asked Mr. Ahkavan how they came to the final layout of the proposed property. Mr. Ahkavan stated that they proceeded according to the Zoning Ordinance and tried to keep parking spaces in the back for aesthetic purposes. Commissioner Guerra asked Mr. Ahkavan about the choice to go with a flat roof instead of a pitched roof that is seen in the surrounding developments. Mr. Ahkavan stated that it was the Architect's recommendation and the owner's desire for the roof design. Vice Chairman Portman opened the Public Hearing. The following persons spoke: David Flesher, Grow It Land Designs, 794 S Denton Tap Rd, Coppell, Texas, 75019. Mr. Flesher commented that he is in favor of the development as long as the drainage and shared easements are done properly. Teffy Thachenkary, 323 Buttonwood Ct, Coppell, Texas, 75019. Mr. Thachenkary was opposed to the design due to the building being close to Denton Tap Rd. Vice Chairman Portman closed the Public Hearing. Commissioner Sarma addressed the previous comment noting that the building could not be set back off Denton Tap Road due to the fire lane requirements. A motion was made by Commissioner Williford to recommend approval of this agenda item with the conditions outlined by staff. Seconded by Vice Chair Portman; motion carried (4-2). Aye: 4 - Vice Chair Portman, Commissioner Doug Robinson, Commissioner Vijay Sarma, and Commissioner George Williford. Nay: 2 - Commissioner Sue Blankenship and Commissioner Freddie Guerra. Action Text: Vice Chair Glenn Portman, Commissioner Doug Robinson, Commissioner Vijay Sarma, and Commissioner George Williford 4Aye: Commissioner Sue Blankenship, and Commissioner Freddie Guerra2Nay: Page 2City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3363) 1 PassClose the Public Hearing and Approve 06/13/2017City Council Presentation: Marcie Diamond, Assistant Director of Planning, made a presentation to the City Council. The property owner, Saad Biaruty, was available for questions of the Council. Mayor Hunt opened the Public Hearing and asked for those who signed up to speak: 1) David Flesher, 116 Wrenwood Dr., owner of Grow It Designs Landscape, is excited about the new retail development and is in support of the case. A motion was made by Councilmember Marvin Franklin, seconded by Mayor Pro Tem Nancy Yingling, to close the Public Hearing and approve the Agenda Item subject to the following conditions: 1) Additional comments may be generated upon detail engineering review and building permit; 2) This property shall be re-platted to provide fire lanes and easements for this development; 3) A Tree Removal Permit will be required prior to the removal of any trees; and 4) Correction of the landscape calculations. The motion passed by an unanimous vote. Action Text: Councilmember Cliff Long, Councilmember Wes Mays, Councilmember Gary Roden, Councilmember Marvin Franklin, Councilmember Mark Hill, and Mayor Pro Tem Nancy Yingling 6Aye: 3 07/11/2017City Council Text of Legislative File 2017-3363 Title Consider approval of an Ordinance for Case No. PD-286-R, Pecan Creek Shopping Center (Pecan Creek Addition), a zoning change from R (Retail) to PD-286R (Planned Development-286-Retail), to allow the development of office, retail and restaurant uses on 2.5 acres of property located at the northeast corner of S. Denton Tap Road and the DART R.O.W., and to amend the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on property located along the east side of S. Denton Tap Road, between E. Bethel Road and the DART R.O.W., west of the centerline of the creek, containing approximately 8 acres of land; and authorizing the Mayor to sign. Summary Staff Recommendation: On June 13, 2017 City Council unanimously approved this ZONING CHANGE (6-0) and amended the land use designation of the Future Land Use Map of the Comprehensive Plan to “Neighborhood Center Retail”. On May 18, 2017, the Planning and Zoning Commission recommended approval (4-2) of the Amendment to the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on approximately 8 acres and approval of PD-286-R on 2.5 acres. Commissioners Portman, Sarma, Robinson, and Williford voted in favor; Commissioners Blankenship and Guerra voted in opposition. The Planning Department recommended approval. Page 3City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3363) Goal Icon: Business Prosperity Page 4City of Coppell, Texas Printed on 7/7/2017 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 11, 2017 Reference: Consider approval of an Ordinance for PD-286-R, Pecan Creek Shopping Center (Pecan Creek Addition), Lot 2, Block A, to allow the development of office, restaurant and retail uses on 2.5 acres of property located at the northeast corner of S. Denton Tap Road and the DART R.O.W., and to amend the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on property located along the east side of S. Denton Tap Road, between E. Bethel Road and the DART R.O.W., west of the centerline of the creek, containing approximately 8 acres of land. 2030: Business Prosperity Executive Summary: Site Plan indicates two retail/restaurant/office buildings. PD zoning is required to allow for variances to the screening requirement and the number of exterior wall surface colors permitted in the Zoning Ordinance. Introduction: This request is to develop this property in accordance with the provisions of the existing Retail zoning district regulations, except for two deviations; one relates to screening and the other the colors on the exterior façade. The southern 40% of the property abuts a residential zoning district, therefore a 6-foot masonry screening wall would normally be required. However, the portion of the property with residential adjacency is physically and visually separated from the residences by a heavily treed, creek area. Moreover, the closest existing home is over 200 feet from the retail property line and the Site Plan indicates the buildings to be setback 160 +/- feet from the mutual property line. Therefore, given the over 360-foot separation between these uses, the waiving of the screening wall along this portion of the property is appropriate. The building elevations comply with the provision of the Retail district in terms of masonry requirement and the maximum percentage of windows on any façade. However, the inclusion of three colors exceeds the threshold of 5% permitted to be accent colors, as included in the Zoning Ordinance. This variance is appropriate given the overall aesthetics of the building and the compliance with all other provisions of the masonry requirement. 2 Analysis: On June 13, 2017, the City Council unanimously approved the Amendment to the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on approximately 8 acres and approval of PD-286-R on 2.5 acres. The applicable outstanding conditions have been incorporated into the Planned Development Ordinance. On May 18, 2017, the Planning and Zoning Commission recommended approval of the Amendment to the Future Land Use Plan of the Comprehensive Plan from “Urban Residential Neighborhood” to “Neighborhood Center Retail” on approximately 8 acres and approval of PD-286-R on 2.5 acres. The following conditions remain outstanding 1. Additional comments may be generated upon detail engineering review and building permit. 2. This property shall be re-platted to provide fire lanes and easements for this development. 3. A Tree Removal Permit will be required prior to the removal of any trees. 4. Correction of the landscape calculations. Legal Review: The City Attorney approved this ordinance. Fiscal Impact: None Recommendation: The Planning Department recommends approval. Attachments: 1. Ordinance 2. Exhibit “A” - Land Use Map Amendment 3. Exhibit “B” - Legal Description 4. Exhibit “C” - Site Plan 5. Exhibit “D” - Landscape Plan 6. Exhibit “E” - Tree Survey 7. Exhibit “F” – Building Elevations City of Coppell Ordinance - Page 1 TM 87419 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING THE FUTURE LAND USE PLAN OF THE COMPREHENSIVE PLAN FROM “URBAN RESIDENTIAL NEIGHBORHOOD” TO “NEIGHBORHOOD CENTER RETAIL” ON APPROXIMATELY 8 ACRES AS ILLUSTRATED ON EXHIBIT “A” AND GRANTING A CHANGE IN ZONING FROM R (RETAIL) TO PD-286-R (PLANNED DEVELOPMENT- 286-RETAIL), TO ALLOW THE DEVELOPMENT OF OFFICE, RETAIL AND RESTAURANT USES ON 2.5 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF S. DENTON TAP ROAD AND THE DART R.O.W., BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “B”, ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN, TREE SURVEY AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “C” THOUGH “F”; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-286-R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Future Land Use Plan of the Comprehensive Plan as heretofore amended, be and the same is hereby amended by changing the designation of approximately eight (8) acres of land from “Urban Residential Neighborhood” to “Neighborhood Center Retail” as set forth in Exhibit A; and that the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, City of Coppell Ordinance - Page 2 TM 87419 2 duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from R (Retail) to PD-286-R (Planned Development-286-Retail), to allow the development of office, retail and restaurant uses on 2.5 acres of property located at the northeast corner of S. Denton Tap Road and the DART R.O.W. for the Property described in Exhibit “B” attached hereto and made a part hereof for all purposes. SECTION 2. That the Property will be used and developed in accordance with Retail zoning regulations as provided in the Code of Ordinances, is hereby approved subject to the following development regulations: A. In lieu of a masonry screening wall along the west property line, where adjacent to single family zoning, the existing tree line shall be preserved as indicated on the Tree Survey and additional trees will be planted is indicted on the Landscape Plan, attached hereto as Exhibits “D” and “E” respectively, to form a natural screening; and, such screening shall be maintained by the property owner. B. Building Elevations attached hereto as Exhibit “F” shall be approved, subject to compliance with Building Code regulations, as amended. C. This property shall be re-platted to provide fire lanes and mutual access easement for the property abutting to the north and other necessary utilities and access easements required for this development. D. A Tree Removal Permit will be required prior to the removal of any trees. E. The building signage for the development shall be consistent and complaint with the Sign Provisions of the Comprehensive Zoning Ordinance, as amended. City of Coppell Ordinance - Page 3 TM 87419 3 SECTION 3. That the Detail Site Plan, Landscape Plan, Tree Survey and Elevations attached hereto as Exhibits “C” through “F”, respectively are hereby approved as development regulations for such Planned Development. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a City of Coppell Ordinance - Page 4 TM 87419 4 fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2017. APPROVED: _____________________________________ KAREN SELBO HUNT ATTEST: ___________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ________________________________ ROBERT E. HAGER, CITY ATTORNEY EXHIBIT "A" Coppell 2030, A Comprehensive Master Plan “Urban Residential Neighborhood” to “Neighborhood Center Retail” EXHIBIT “B” LEGAL DESCRIPTION FOR LOT 2, BLOCK A OF PECAN CREEK ADDITION Being all of Lot 2, in Block A of PECAN CREEK ADDITION, an Addition to the City of Coppell, Dallas County, Texas, according to the plat thereof filed 10/11/2007, recorded in cc# 20070367017, Real Property Records, Dallas County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch rod found at the intersection of the East Line of Denton Tap Road (100 foot R.O.W) with the Northwesterly line of a former St. Louis & Southwestern Railroad (100 foot R.O.W), now a part of the Dallas Area Rapid Transit (DART) system; THENCE North 00° 55’ 53” East, along the said East line of Denton Tap Road, a distance of 481.41 feet to a “X” Cut, found in concrete drive approach, said point also being the most Southwesterly corner of Lot 1, Block A of said Pecan Creek Addition; THENCE South 89° 04’ 08” East, departing the said East line of Denton Tap Road, and along common line of said Lot 1 and 2, a distance of 247.26 feet to a 1/2 iron rod found for corner. THENCE South 00° 55’ 52” West, a distance of 248.42 feet to a point in a small unnamed creek for corner. THENCE South 03° 15’ 39” East, continuing along the bottom of said small creek for a distance of 39.40 feet, to a point for corner, said point being in the Westerly line of Block B of Creek View Addition, an addition to the City of Coppell, Dallas County, Texas, according to the map thereof recorded in Volume 88116, Page 3069, Deed Records, Dallas County, Texas; THENCE in the Southerly direction and along the said bottom line of the small creek and said West line of Block B of Creek View Addition as follows: South 43° 01’ 10” West, a distance of 26.29 feet to a point for corner; South 12° 45’ 27” West, a distance of 54.94 feet to a point for corner; South 18° 37’ 05” East, a distance of 34.54 feet to a point for corner; South 19° 42’ 56” West, a distance of 29.70 feet to a point for corner in the Northwesterly line of said DART right-of-way, said point being the most Southwesterly corner of said Block B of Creek View Addition; THENCE South 75° 57’ 00” West, along said DART right-of-way, for a distance of 231.11 feet, to the POINT OF BEGINNING and containing 108,577 square feet or 2.4926 acres of land more or less. 15’ LANDSCAPING AREA15’ LANDSCAPING AREA20’ SS ESM’T30’R 30’R 30’ DRIVE 6 12 11 7 13,200 SF PROPOSED BUILDING 30R 3 0R 8 4 10 4 10 7 7 2,700 SF 9 PROPOSED BUILDING 30’ BLDG. SETBACKLOCATION MAP NTS N SITE SANDERSLOOPSOUTHWESTER BLVD. DART DENTON TAP RDBETHEL RD MEADOW CREEKHIDDENVALLEY DRBETHEL SCHOOL RD EXECUTIVE DRAIRLINE DR DART 500 5015025045 0 5 505505505505505 505505506 506506 507507507 508509509509510510 510510510511 5 11512 51251351451 4 5 1 5 515 510 495495500500500500500500500500505 505 505 505505495495495495495495510 490DRAINAGE EASEMENT22" PECAN 18" CEDAR ELM28" PECAN CREPE MYRTLE 22" CEDAR 12" PECAN 22" HACKBERRY 15" HACK BERRY 8" HACK BERRY 30" ASH 8" ASH 20" ASH 24" OAK 18" ASH 18" ASHPROPOSED SLOPE EASEMENTS89^4’8"E 247.26’S0^55’52"W 248.42’S19^42’56"W29.70’S75^57’0"W 231.11’N0^55’53"E 481.41’S3^15’39"E39.40’S43^1’10"W26.29’S12^45’27"W54.94’S18^37’5"E34.54’ FND. "X" FND. "X" FIR 1/2" SCALE 1" = 30’ 30 15 0 30 60 N 1"=30’ CONTACT:MORI AKHAVAN 972-816-2626 moriakhavan@yahoo.com S ORI ENGINEERING, INC. 2616 Pickwick Lane Plano, Texas 75093 PREPARED BY: PROPERTY OWNER: DATE:SCALE: CONTACT: 469-583-1115 SBAIRUTY@YAHHO.COM 2.4926 ACRES FOR MIN. FF = 496.0 PECAN CREEK ADDITION LOT 2, BLOCK A PECAN CREEK ADDITION LOT 2, BLOCK A S. DENTON TAP ROADDART RAIL 100’ ROW100’ ROWCREEK VIEW ADDITION LOT 57, BLOCK B CREEK VIEW ADDITION LOT 56, BLOCK BFLOOD PLAIN LIMITFLOOD PLAIN ZONE AEJ.A. SIMMONS SURVEY ABST. NO. 1296MCKINNEY & WILLIAMS SURVEY, ABST. NO. 1054MCKINNEY & WILLIAMS SURVEY, ABST. NO. 1054 CITY OF COPPELL, DALLAS COUNTY, TEXAS BILADI INVESTMENT, LLC. SAAD BIARUTY16" PVC WATER LINE16" PVC WATER LINEEXIST. 24’ COMMON EASEMENT EXIST. SIDEWALKEXIST. SIDEWALKPROP. FH PROP. FH PROP. FH PROP. 8" WATER PROP. 8" WATERPROP. 8" WATERPROP. 8" WATER EXIS T. S AN. S EW.EXI ST. SAN. SEW. 22" RED OAK 28" RED OAK 18" CEDAR 18" PECAN 18" PECAN 24" PECAN 18" ASH 28" PECAN 18" PECAN 20" PECAN 26" PECAN 20" ASH 20" POST OAK 20" CEDAR 12" ASH 20" HACK BERRY 18" HACK BERRY 16" CEDAR 8" MIMOSA 8" HACK BERRY 10" HACK BERRY 10" ASH 20" PECAN 18" CEDAR 26" PECAN 6" ASH 6" ASH 6" ASH 6" ASH253’15’VOL. 99035 ,PG. 1576DRDCTCC# 20070367017PRDCTCC# 20080020502 DRDCT EXIST. 24’ MUTUALACCESS EASEMENTCC# 20080020502 DRDCT ZONE: RESIDENTIAL ZONE: RESIDENTIAL ZONE: RETAIL ZONE: RETAIL PROP. LIGHTPOLE (TYP.)9’X18’ PARKINGSPACES (TYP.)SITE DATA SUMMARY TABLE GENERAL SITE DATA Total Building Area (square feet) Lot Coverage (percent - x.xx%) Floor Area Ratio (ratio - x.xx:1) PARKING 14.6% Existing Zoning (from zoning map) Proposed Use: 13200 sf 2700 sf Retail (square feet) Restaurant (square feet) 15,900 SF Building Height 1 Story (30 feet) 2.4926 ACRES Retail Parking Required (# Spaces) 1sp/200sf 66 Spaces 67 SpacesRetail Parking Provided (# Spaces) 27 SpacesRestaurant Parking Required (# Spaces) 1sp/100sf 27 SpacesRestaurant Parking Provided Land Area 2.4926 acres (108,577 sf) DETAIL SITE PLAN ZONED: RETAIL R (Retail) SHEET 1 8’x28’ STAMPED CONCRETE 8’x22’ STAMPED CONCRETE 12’14’PECAN CREEK SHOPPING CENTER PD-286-R BLOCK A, LOT 2R PECAN CREEK ADDITION LOT 2R, BLOCK A IN PLACE OF A 6’ REQUIRED MASONARY SCREENING WALL, TREES WILL BE PRESERVED WITHIN THE CREEK AREA AND ADDITIONAL EVERGREEN / OVERSTORY TREES WILL BE ADDED ALONG THE EAST PROPERTY LINE AS INDICTED ON THE LANDSCAPING PLAN. NOTE: RETAIL / OFFICE / RESTAURANT RETAIL / OFFICE / RESTAURANT 0.14:1 5 PROP. 6" SAN. SEW. (PRI VATE) PROP. 6" SAN. SEW. (PRIVATE) MIN. FF 496.0 Patio Parking Provided Patio Parking Required (# Spaces) 1sp/100sf 6 Spaces 6 Spaces PROP. SIDEWALK PROP. SIDEWALK PROP. SIDEWALKPROP. SIDEWALK PROP. SIDEWALKPROP. SIDEWALK PROP. SIDEWALKPROP. SIDEWALK EXIST. FH F-7701 FIRM NO. MORI AKHAVANZADEH DG X R SOSEF P RSIGE ANO I ERETNEL 79174 TATS EFOE TENI RES A EXIST. FH EXIST. FH PROP. 20’X30’ WATER ESM’T. FDC FDC PROP. DETECTOR CHECK VAULT PROP. DETECTOR CHECK VAULT PROP. 15’X15’ WATER ESM’T. 52.44’LOADI NG AREA12’x30’ FIRELANE IMPERVIOUS SURFACE 37300 SFParking and Drives 15,900 SF 6530 SFSidewalks Building Area TOTAL IMPERVIOUS SURFACE 59,730 SF 30’R 9.74’R 24’ MUTUAL ACCESS &WIDE FIRELANE EASEMENT24’ MUTUAL ACCESS & WIDE FIRELANE EASEMENT 12’14’ PATIO PATIOPATIO30’ BLDG. SETBACKPROP. 60SFMONUMENTSIGNRAMP RAMP PROP. SIDEWALKPROP. 11’ DECELARATION LANE PROP. 8’ RIGHT-OF-WAY DEDICATION 10’ LANDSCAPING AREA54’R30.5 3’ R 25’R30’R54’R 15’R15’R 4’R 7’R1 5’R181.1’130.44’117.45’38.58’73.6’MAY 2017 EXHIBIT "C" PROPERTY OWNER: CONTACT: 469-583-1115 SBAIRUTY@YAHHO.COM BILADI INVESTMENT, LLC. SAAD BIARUTY 500 5 0 5 505505505505505 505505510510510 510510 515 510 495495500500500500500500500500505 505 505 505505495495495495495495510 490Planting Notes 1. USE 1 8"X4" STEEL EDGING (PAINTED GREEN). 2. USE 4" "GOOD EARTH" OR EQUIVALENT PLANTING MIX FOR BED PREPARATIONS. ROTOTILL BED MIX TO THE DEPTH OF 12" MINIMUM. 3. ALL THE LAWN AREAS TO BE HYDROMULCHED BURMUDA GRASS. 4. TOP DRESS ALL THE PLANTING BED AREAS WITH 3" DEEP HARD WOOD MULCH, AFTER PLANTING OPERATIONS. 5. THE SITE WILL BE IRRIGATED WITH BELOW GRADE AUTOMATIC IRRIGATION SYSTEM WITH RAIN, FREEZE & WIND SENSOR, THAT IS CAPABLE OF PROVIDING THE PROPER AMOUNT OF WATER FOR PARTICULAR TYPE OF PLANT MATERIAL USED. 6. THE PROPERTY OWNER IS RESPONSIBLE FOR REGULAR WEEDING, MOWING, IRRIGATION, FERTILIZING, PRUNING, AND OTHER MAINTANANCE OF ALL PLANTINGS. THE REQUIRED LANDSCAPING MUST BE MAINTAINED IN A HEALTHY GROWING CONDITION AT ALL TIMES. UNDISTURBED SUBGRADE ROTO TILL 12" EXISTING SOIL INTO 6" OF PREPARED SOIL AFTER EXCAVATION OF BED BALLED & BURLAPPED CONTAINER NTS SHRUB PLANTING DETAILS NOTE: USE TRIANGULAR SPACING WHEN PLANTING SHRUBS 2" HARDWOOD MULCH SUBGRADE WATER TO ELIMINATE VOIDS ROTO TIL 12" EXISTING SOIL INTO 6" OF PREPARED SOIL AFTER EXCAVATION OF BED TAMPED TO PREVENT SETTLEMENT 6" PREPARED SOIL MIX FINISH GRADE @ LAWN.......................................................................GROUND COVER PLANTING DETAIL NTS STEEL EDGING FINISH GRADE BACKFILL PLANTING PIT WITH EXCAVATED SOIL AS SPEC’D AND WATER TO FILL VOIDS UNDISTURBED SUBGRADE TAMPED TO PREVENT SETTLEMENT ROUGHEN SURFACE TO IMPROVE ROOT PENETRATION 3" HARDWOOD MULCH TEMPORARY TREE WELL NOTE: (1) TEMPORARY TREE WELL TO BE REMOVED AFTER ONE FULL GROWING SEASON. (2) TREE CALIPER MEASURED ABOVE TOP OF ROOTBALL 6" FOR TREES LESS THAN 4"CALIPER. AND 12" FOR TREES 4" CALIPER AND LARGER. (3) APPROXIMATELY ONE-THIRD OF THE BRANCH STRUCTURE SHALL BE REMOVED BY THINNING BUT THE NATURAL CHARACTER AND GENERAL SHAPE OF THE TREE SHALL BE PRESERVED IF APPLICABLE. NTS TREE PLANTING DETAILS The owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size. maintenance notes EXISTING TREE SAVE & PROTECT EXISTING TREE REMOVE legand 3 - VITEX 4 - POSSUMHAW HOLLY 11 - NRS HOLLY PLANTING PLAN SCALE : 1" = 30’ - 0". LOCATION MAP NTS N SITE SOUTHWESTER BLVD. DART DENTON TAP RDBETHEL RD MEADOW CREEK BETHEL SCHOOL RD AIRLINE DR DART SCALE 1" = 30’SANDERSLOOP30 15 HIDDENVALLEY DR0 30 EXECUTIVE DR60 N landscape architectsaroids5901 indian hills drive . garland . texas 75044 . 214.403.2034revision shown date sheet BILADI RETAIL CENTERBLOCK A, LOTS 1 & 2CITY OF COPPELL , DENTON COUNTY, TEXAS SAXET FOETATS TCETIHCRAEP ACSDNA L DERETSIGER816 MOHAMMAD A. SALAM 06.22.2017 FOR MCKINNEY & WILLIAMS SURVEY, ABST. NO. 1054 CITY OF COPPELL, DALLAS COUNTY, TEXAS LANDSCAPING PLAN 4 PD-286-R PECAN CREEK SHOPPING CENTER 2.4926 ACRES BLOCK A, LOT 2R 24’ WIDE FIRELANE 24’ WIDE FIRELANE15’ LANDSCAPING BUFFER20’ SS ESM’T30’ DRIVE PROPOSED BUILDING PROPOSED BUILDING 30’ BLDG. SETBACKDRAINAGE EASEMENTPROPOSED SLOPE EASEMENTFND. "X" FND. "X" FIR 1/2" MIN. FF = 496.0 PECAN CREEK ADDITION LOT 1, BLOCK A PECAN CREEK ADDITION LOT 2, BLOCK A 100’ ROW100’ ROWCREEK VIEW ADDITION LOT 57, BLOCK B CREEK VIEW ADDITION LOT 56, BLOCK BFLOOD PLAIN LIMITJ.A. SIMMONS SURVEY ABST. NO. 1296MCKINNEY & WILLIAMS SURVEY, ABST. NO. 105416" PVC WATER LINE16" PVC WATER LINEEXIST. SIDEWALKEXIST. SIDEWALKPROP. FH PROP. FH PROP. 8" WATER PROP. 8" WATERPROP. 8" WATERPROP. 8" WATER EXIS T. S AN. S EW.EXI ST. SAN. SEW. 15’VOL. 9903 5,PG. 1576DRDCTCC# 20070367017PRDCTPROP. 60SFMONUMENTSIGNZONE: RESIDENTIAL ZONE: RESIDENTIAL ZONE: RETAIL ZONE: RETAIL PROP. LIGHTPOLE (TYP.)ZONED: RETAIL 8’x28’ STAMPED CONCRETE 8’x22’ STAMPED CONCRETE RETAIL / OFFICE / RESTAURANT RETAIL / OFFICE / RESTAURANT PROP. 6 " SAN. SEW. (PRI VATE) PROP. 6" SAN. SEW. (PRIVATE) MIN. FF 496.0 PATIO PATIOPATIOPROP. SIDEWALK PROP. SIDEWALK PROP. SIDEWALKPROP. SIDEWALK PROP. SIDEWALKPROP. SIDEWALK PROP. SIDEWALK LOADI NG AREA12’x30’ 30R 6 12 11 7 13,200 SF 30R 30R 8 4 10 4 10 7 7 2,700 SF 9 22" PECAN 15" HACK BERRY 8" HACK BERRY 30" ASH 8" ASH 20" ASH 24" OAK 18" ASH 18" ASH S89^4’8"E 247.26’S0^55’52"W 248.42’S19^42’56"W29.70’S75^57’0"W 231.11’N0^55’53"E 481.41’S3^15’39"E39.40’S43^1’10"W26.29’S12^45’27"W54.94’S18^37’5"E34.54’S. DENTON TAP ROADDART RAIL 18" CEDAR 18" PECAN 18" PECAN 24" PECAN 18" ASH 28" PECAN 18" PECAN 20" PECAN 26" PECAN 20" ASH 20" POST OAK 20" CEDAR 12" ASH 20" HACK BERRY 18" HACK BERRY 16" CEDAR 8" MIMOSA 8" HACK BERRY 10" HACK BERRY 10" ASH 20" PECAN 18" CEDAR 26" PECAN 6" ASH 6" ASH 6" ASH 6" ASH 2.4926 ACRES 12’14’5 12’14’5055 0 5 505505510510510510510 510 505 505 505 510 505 505495500495500505 500505495495500495500505505500490495495500500495515 PROP. SIDEWALK4 - NRS HOLLY 15 - NRS HOLLY 4 - NRS HOLLY 3 - CRAPE- MYRTLE 3 - CRAPE- MYRTLE 15’ LANDSCAPING BUFFER10’ LANDSCAPING BUFFER PECAN CREEK ADDITION LOT 2, BLOCK A Plant Schedule LANDSCAPING CALCULATION PERIMETER LANDSCAPING PROVIDEDREQUIRED DENTON TAP - 15’, 6,435 SQ. FT., 8.57 TREES NORTH PROPERTY LINE, 2,130 SQ. FT., 4.26 TREES 1950 SQ. FT. 3 TREES EAST PROPERTY LINE, 4,230 SQ. FT., 10.58 TREES SOUTH PROPERTY LINE, 2,060 SQ. FT., 4.12 TREES 2,100 SQ. FT. 5 TREES TOTAL: 14,855, 28 TREES TOTAL: 15,325, 28 TREES PROVIDEDREQUIRED 4,375 SQ. FT. 14 TREES INTERIOR LANDSCAPING 10% OF PAVING - 3,972 SQ. FT., 17 TREES 6,375 SQ. FT. 9 TREES NON-VEHICULAR LANDSCAPING REQUIRED PROVIDED 2 0,475 SQ. FT. 14 TREES14,036 SQ. FT. , 5 TREES (1:3,000 SQ. FT) 4,900 SQ. FT. 11 TREES 7,018 SQ. FT. AT FRONT, (50% OF NON-VEHICULAR) 6,475 SQ. FT. (46% OF NON-VEHICULAR) 10 - NRS HOLLY 06.22.2017 CEDAR ELM CRAPEMYRTLE CEDAR ELM CHIQUAPIN OAK LACEBARK ELM HR. LIVE OAK HR. LIVE OAK CRAPEMYRTLE HR. LIVE OAK HR. LIVE OAK 24’ WIDE FIRELANE LACEBARK ELM HR. LIVE OAK LACEBARK ELM CHIQUAPIN OAK DESERT WILLOW CEDAR ELM LACEBARK ELM HR. LIVE OAK HR. LIVE OAK HR. LIVE OAK HR. LIVE OAK HR. LIVE OAK CHIQUAPIN OAK 10’ LANDSCAPING BUFFER (1,050 SF ) 6- CRAPEMYRTLE QTY COMMON NAME SCIENTIFIC NAME SIZE REMARKS SHADE TREES 6 Lacebark Elm Ulmus parvifolia 4" Caliper 10 -12’ ht., 5 - 6’ sp., full, matching. 13 Highrise Live Oak Quercus virginiana "QVTIA" 4" Caliper 10 -12’ ht., 5 - 6’ sp., full, matching. 5 Chinquapin Oak Quercus muhlenbergii 4" Caliper 10’-12’ ht., 5 - 6’ sp., full, matching. 6 Cedar Elm Ulmus Crassifolia 4" Caliper 10 -12’ ht., 6-7’ sp., straight trunk, full, maching. SMALL ORNAMENTAL TREES 16 Crapemyrtle (red) Lagerstroemia indica 3" Caliper, 6 - 8’ Ht., 4 - 5’ sp. full matching. 3 Desert Willow Chilosis linearis ( Babba) 3" Caliper 6 - 8’ ht., 4 - 5’ sp. full, matching. 4 Possumhaw Holly Ilex decidua (1-male & 3-fem.) 3" Caliper 6 - 8’ ht., 4 - 5’ sp. full, matching. 3 Vitex Vitex angus-castus 3" Caliper 6 - 8’ ht., 4 - 5’ sp., full matching. SHRUBS 43 NRS Holly Nellie R. Stevens holly 7 gal. full pot, well rooted. 36" O.C. GROUNDCOVERS, & LAWN Bermudagrass Cynadon dactylon Hydromulched LACEBARK ELM Exhibit "D" EXHIBIT "E" EXHIBIT "F" 1 OF 2 EXHIBIT "F" 2 OF 2 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3442 File ID: Type: Status: 2017-3442 Agenda Item Consent Agenda 1Version: Reference: In Control: Finance 06/26/2017File Created: Final Action: Denial Resolution Oncor Rate Case 2017File Name: Title: Consider approval of a Resolution finding that ONCOR Electric Delivery Company LLC’s (“ONCOR” or “Company”) application to change rates within the City should be denied; finding that the City ’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this resolution is passed is open to the public as required by law; and authorizing the Mayor to sign. Notes: Agenda Date: 07/11/2017 Agenda Number: C. Sponsors: Enactment Date: Resolution Approving Denial of ONCOR 2017 Rate Case.pdf, Denial Resolution Oncor Rate Case 2017.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 07/11/2017City Council Text of Legislative File 2017-3442 Title Consider approval of a Resolution finding that ONCOR Electric Delivery Company LLC ’s (“ONCOR” or “Company”) application to change rates within the City should be denied; finding that the City’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this resolution is passed is open to the public as required by law; and authorizing the Mayor to sign. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3442) There is no fiscal impact regarding this resolution. Dependent upon the outcome of the Company’s appeal to Public Utility Commission of Texas, there is a potential for monetary savings for Coppell residents and businesses. Staff Recommendation: The Finance Department recommends approval of this Resolution to deny the rate application and consolidation proposed by Oncor. Goal Icon: Sustainable City Government Business Prosperity Special Place to Live Page 2City of Coppell, Texas Printed on 7/7/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: July 11, 2017 Reference: Consideration of a Resolution finding that ONCOR Electric Delivery Company LLC’s (“ONCOR” or “Company”) application to change rates within the City should be denied; finding that the City’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the Company and legal counsel. 2030: Sustainable City Government, Business Prosperity, Special Place to Live Introduction: The City, along with 158 other cities served by Oncor is a member of the Steering Committee of Cities (“Steering Committee”) served by Oncor. The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s when cities served by the former TXU gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 30 years. The Steering Committee has found that working cooperatively reduces duplicative efforts and we speak as a single voice in reviewing electric utility rate increases that affect Texas consumers. Analysis: On March 17, 2017, Oncor filed an application to change rates with cities retaining original jurisdiction. In the filing, the Company seeks to increase system-wide transmission and distribution rates by $317 million or approximately 7.5% over present revenues. The Company asks the City to approve an 11.8% increase in residential rates and a 0.5% increase in street lighting rates. If approved, a residential customer using 1000 kWh per month would see a bill increase of about $6.68 per month. In March, the City approved a resolution to participate in the Steering Committee’s engagement of the services of three consultants, Mr. Lane Kollen, Mr. Richard Baudino, and Mr. Karl Nalepa, to review the Company’s filing. The consultants identified numerous unreasonable expenses and 2 propose significant reductions to the Company’s request. Accordingly, the Steering Committee’s attorneys recommend that all members adopt the Resolution denying the rate change. Once the Resolution is adopted, Oncor will have 30 days to appeal the decision to the Public Utility Commission of Texas where the appeal will be consolidated with Oncor’s filing (i.e. PUC Docket No. 46957) currently pending at the Commission. Under the law, cities with original jurisdiction over this matter have 125 days from the initial filing to take final action on the application. By the agreement of the parties, this deadline was suspended until August 19, 2017. As such, all cities with original jurisdiction will need to adopt the resolution no later than August 19. Legal Review: The City Attorney reviewed this resolution as part of the agenda review. Fiscal Impact: There is no fiscal impact regarding this resolution. Dependent upon the outcome of the Company’s appeal to Public Utility Commission of Texas, there is a potential for monetary savings for Coppell residents and businesses. Recommendation: The Finance Department recommends approval of this Resolution to deny the rate application and consolidation proposed by Oncor. . 7371306.1 1 RESOLUTION NO. ______________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC’S (“ONCOR” OR “COMPANY”) APPLICATION TO CHANGE RATES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of Coppell, Texas (“City”) is an electric utility customer of Oncor Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”), a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor’s service area; and WHEREAS, on or about March 17, 2017, Oncor filed with the City an application to increase system-wide transmission and distribution rates by $317 million or approximately 7.5% over present revenues. The Company asks the City to approve an 11.8% increase in residential rates and a 0.5% increase in street lighting rates; and WHEREAS, the Steering Committee is coordinating its review of Oncor’s application and working with the designated attorneys and consultants to resolve issues in the Company’s filing; and WHEREAS, through review of the application, the Steering Committee’s consultants determined that Oncor’s proposed rates are excessive; and WHEREAS, the Steering Committee’s members and attorneys recommend that members deny the Application; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. That the rates proposed by Oncor to be recovered through its electric rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. 7371306.1 2 Section 2. That the Company shall continue to charge its existing rates to customers within the City. Section 3. That the City’s reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution. Section 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Section 5. That a copy of this Resolution shall be sent to Oncor, Care of Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this __________ day of ___________________, 2017. _________________________________ Mayor ATTEST: __________________________________ City Secretary APPROVED AS TO FORM: ___________________________________ City Attorney Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3453 File ID: Type: Status: 2017-3453 Agenda Item Consent Agenda 1Version: Reference: In Control: City Secretary 06/28/2017File Created: Final Action: Gallagher Amend #4File Name: Title: Consider approval of Project Order Number 4 to the agreement with Gallagher Construction to allow project management of the Coppell Arts Center; and authorizing the Mayor to sign. Notes: Agenda Date: 07/11/2017 Agenda Number: D. Sponsors: Enactment Date: Gallagher Arts Center-memo.pdf, Gallagher Contract-CN 2014-06-04.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 07/11/2017City Council Text of Legislative File 2017-3453 Title Consider approval of Project Order Number 4 to the agreement with Gallagher Construction to allow project management of the Coppell Arts Center; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: Approval recommended. Goal Icon: Page 1City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3453) Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 7/7/2017 1 MEMORANDUM To: Mayor and Coppell City Council From: Mike Land, City Manager Date: July 11, 2017 Reference: Consider approval of Project Order #4 to the agreement with Gallagher Construction to allow Program Construction Management of the Coppell Arts Center in the amount of $476,000.00 and authorizing the Mayor to sign. 2030: Community Wellness and Enrichment Introduction: Recall that on May 5, 2014 the CRDC Board approved the Master Agreement for Program Construction Manager Services with Gallagher Construction Company and on May 13, 2014 the City of Coppell City Council did so as well. At that time, there were two specific projects approved as part of that agreement, the redevelopment of Andy Brown Park Phase I (Project Order #1) and the renovation and expansion of the W. T. Cozby Library (Project Order #2). The Life Safety Park, while described as a project in their contract, was not specifically approved as Project #3 until July 8, 2014. Gallagher Construction Company, as with the above listed projects will provide services related to design, value engineering, management of design professionals, construction manager at risk coordination, project tracking and documentation, construction administration and inspections, substantial completion, acceptance, and closure of the Coppell Arts Center project. Gallagher will also assist in providing consulting in the design of the project during the pre-bidding and bid stages, assist in setting project deadlines and establish relationships with the project architect. Gallagher will provide guidance regarding the selection of the construction company to provide the best facility at the best price in compliance with state procurement laws. Once a construction method and contractor are selected, the Program Manager will fully participate in the pre-construction scheduling and construction coordination between the construction entity and the City. Gallagher will be responsible for construction reports and project schedule reporting. Also, Gallagher shall execute all change orders, amendments and field changes within scope of authority. Gallagher will oversee the Coppell Arts Center project through full acceptance of each identified project. 2 Analysis: Basic services provided by Gallagher as described within the original Master Agreement include and are not limited to: • Act as the Owners Agent throughout the life of the design and construction project • Producing Monthly Reports • Keeping the project on schedule and within budget • Document control • Project reviews with Architects and Construction Managers • Generating with Architects and Construction Manager project cost savings • Services during the bidding process • Project and Contract Administration • Field Observation throughout the project • Reviewing Pay Requests • Change order review • Review of As-Built Drawings, punch lists, Certificates of Completion and Transfer of Project to Owner There are many more components to the contract and the above is provided to just give you brief listing of their primary responsibilities. Gallagher reports directly to the City Manager’s Office while also working with the appropriate Department Director whose project falls under their purview, in the case of the Coppell Arts Center for now, the City of Coppell Parks and Recreation Director, Brad Reid. Gallagher’s contract and pricing structure is based on their master list of comprehensive services as they are engaged for each individual project through a Project Order. As each project is authorized by the CRDC a set price is established for the PM’s service necessary to complete that particular project, in this case Project Order #4 for the Coppell Arts Center. As mentioned earlier the CRDC and City Council have approved the Master Agreement Gallagher Construction and Project Orders #1, #2 and #3 for the AB Park Phase I project totaling $694,400 (4.2% of the total budget of $16.5 million), Library renovation and expansion project totaling $168,640 (3% of the total budget of $5.5 million) and $128,950 (2.3% of the total project cost of $5.5 million) for The Life Safety Park. The overall budget established for the Coppell Arts Center is a total of $14 million, all in including professional services and fees. Gallagher’s proposed program service fee is $476,000.00. The equivalent of 3.4% of the total cost. This fee is a not-to-exceed amount unless approved change orders to the PM’s Project Order are approved by the CRDC Board and City Council. Recall also that the City Council adopted a Reimbursement Resolution on Tuesday February 28, 2017 with the understanding that any costs incurred prior to the actual construction of the Coppell Arts Center utilizing CRDC funds could be reimbursed. 3 Attached is the originally approved Master Agreement for Program Management Services between the City of Coppell and Gallagher Construction Company, LP, D/B/A Gallagher Construction Services. Legal Review: The Master Agreement was reviewed by City Attorney, Bob Hager on April 29, 2014. Fiscal Impact: The services included for Project Order #4 for the PM Services for the Coppell Arts Center total $476,000.00. Recommendation: Contingent on the CRDC’s approval of Project Order #4 on Wednesday July 12th, the City Manager’s Office recommends approval of Project Order #4 with Gallagher Construction Company in accordance with the approved Master Agreement for Program Construction Manager Services for the Coppell Arts Center project in the amount of $476,000.00. MASTER AGREEMENT FOR PROGRAM MANAGEMENT SERVICES BETWEEN CITY OF COPPELL AND GALLAGHER CONSTRUCTION COMPANY, LP d /b /a GALLAGHER CONSTRUCTION SERVICES Dated: TABLE OF CONTENTS ARTICLE1 DEFINITIONS ...................................................................................... ............................... 1 ARTICLE 2 REPRESENTATIONS .......................................................................... ............................... 8 2.1 Specific Representations ........................................................ ..............................8 2.2 Enumerated Representations Not Exhaustive ....................... ............................... 9 ARTICLE 3 PROGRAM MANAGER'S PERFORMANCE: GENERAL PROVISIONS ............................ 9 3.1 Standard Of Care ................................................................... ............................... 9 3.2 Owner's Agent ....................................................................... ............................... 9 3.3 Time Of The Essence ............................................................ ............................... 9 3.4 Compliance With Applicable Laws ......................................... ............................... 9 3.5 Duty To Correct Defective Services ....................................... ............................... 9 3.6 Program Manager's Performance Not Discharged By Duties Of Others ............. 10 3.7 Cooperation With Project Architect ...................................... ............................... 10 3.8 Program Manager Not To Perform Design Or Construction ............................... 10 ARTICLE 4 PROGRAM MANAGER'S BASIC SERVICES ................................... ............................... 10 4.1 Generally ............................................................................. ............................... 10 4.2 Consultation with Owner ...................................................... ............................... 10 4.3 Review Applicable Laws ...................................................... ............................... 10 4.4 Owner's Execution Plan ...................................................... ............................... 10 4.5 Monthly Reports ................................................................... ............................... 11 4.6 Attendance At Meetings ....................................................... ............................... 11 4.7 Project Schedule ................................................................. ............................... 11 4.8 Communications And Reporting .......................................... ............................... 12 4.9 Document Control ................................................................ ............................... 12 4.10 Maintain Construction Contract Documents ........................ ............................... 12 4.11 Preparation Of Design Schedule ......................................... ............................... 12 4.12 Project Reviews With Project Architect ................................ ............................... 12 4.13 Verify Project Architect's Insurance ..................................... ............................... 12 4.14 Twice Monthly Meetings With Project Architect ................... ............................... 12 4.15 Review Cost - Saving Recommendations With Owner .......... ............................... 13 4.16 Review Geotechnical Reports .............................................. ............................... 13 4.17 Review and Certification Of Project Architect's Pay Requests ............................ 13 4.18 Review Of Preliminary Design ............................................. ............................... 13 4.19 Review of Design For Construction ...................................... ............................... 13 4.20 Services During Bidding ....................................................... ............................... 13 4.21 Reducing Bid or Proposal Amounts ..................................... ............................... 14 4.22 Notice To Proceed ............................................................... ............................... 14 4.23 Conduct Preconstruction Conference .................................. ............................... 14 4.24 Procurement Of Special Services ........................................ ............................... 14 4.25 Perform Owner's Obligations Under Construction Contract . ............................... 14 4.26 Permits And Licenses .......................................................... ............................... 15 4.27 Contractor's Bonds And Insurance Requirements ............... ............................... 15 4.28 Review Of Construction Schedule ....................................... ............................... 15 4.29 Construction Schedule Updates .......................................... ............................... 15 4.30 Review Contractor's Schedules Of Values .......................... ............................... 15 4.31 Project Administration .......................................................... ............................... 16 4.32 Contract Administration By Project Architect ........................ ............................... 16 4.33 Job Site Meetings ................................................................ ............................... 16 4 4.34 Review Of RFI' s ................................................................... ............................... 16 4.35 Review Of Contractor's Pay Requests ................................. ............................... 16 4.36 Change Order Review ......................................................... ............................... 16 4.37 Testing And Startup ............................................................. ............................... 17 4.38 As -Built Drawings ................................................................ ............................... 17 4.39 Owner Training .................................................................... ............................... 17 4.40 Punchlists And Defective Work ........................................ ............................... 17 4.41 Certificates Of Completion ................................................... ............................... 17 4.42 Transfer Of Project To Owner .............................................. ............................... 17 4.43 Claims Assistance ............................................................... ............................... 17 ARTICLE 5 ADDITIONAL SERVICES ................................................................... ............................... 17 5.1 Generally ............................................................................. ............................... 17 5.2 Changes In The Project ....................................................... ............................... 18 5.3 Incidental Costs ................................................................... ............................... 18 5.4 Owner's Insurance ............................................................... ............................... 18 5.5 Submission Of Documents To Reviewing Agencies ............ ............................... 18 5.6 Negotiation Of Construction Contract .................................. ............................... 18 5.7 Review Of The Work ........................................................ ............................... 18 5.8 Administration Of Construction Contract .............................. ............................... 18 5.9 Owner Requested Services ................................................ ............................... 18 ARTICLE 6 OWNER'S OBLIGATIONS OTHER THAN PAYMENT ...................... ............................... 18 6.1 Provide Project Information ................................................. ............................... 18 6.2 Owner's Representative ...................................................... ............................... 19 6.3 Review Of Documents ......................................................... ............................... 19 6.4 Access To The Site And The Work ................................... ............................... 19 6.5 Cooperation To Secure Permits .......................................... ............................... 19 6.6 Timely Performance ............................................................ ............................... 19 6.7 Owner's Reviews, Inspections, Approvals, And Payments .. ............................... 19 6.8 Program Manager's Notice Of Nonperformance ................. ............................... 19 ARTICLE 7 PAYMENTS TO PROGRAM MANAGER ........................................... ............................... 19 7.1 Basis Of Compensation ....................................................... ............................... 19 7.2 Taxes And Fees ................................................................... ............................... 19 7.3 Program Manager's Pay Request ........................................ ............................... 20 7.4 Certification Relating To Pay Requests ................................ ............................... 20 7.5 Payment Of Pay Requests ................................................... ............................... 20 7.6 Withholding Of Payment ...................................................... ............................... 20 7.7 Disputed Pay Request ......................................................... ............................... 21 7.8 Conditions Precedent To Payment ...................................... ............................... 21 ARTICLE8 CHANGE ORDERS ............................................................................. .............................21 8.1 Owner's Authority To Order Changes .................................. ............................... 21 8.2 Reductions In Program Manager's Compensation .............. ............................... 22 8.3 Payment .............................................................................. ............................... 22 8.4 Change Orders Final ........................................................... ............................... 22 ARTICLE 9 PERSONNEL. SUBCONTRACTORS AND CONSULTANTS ............ ............................... 22 4 9.1 Approval Of Program Manager's Subcontractors Required/ Required Subcontract Terms ................ ............................... 9.2 Program Manager Responsible For Acts of Subcontractors 9.3 Program Manager's Personnel ............. ............................... 9.4 Removal Of Personnel And Subcontractors ........................ 9.5 Employment Taxes ............................... ............................... 22 22 22 23 23 ARTICLE 10 PROJECT DOCUMENTS .................................................................... .............................23 10.1 Use And Ownership ............................................................. ............................... 23 10.2 Availability Of Project Records To Owner ............................ ............................... 23 10.3 Maintenance Of Project Records ......................................... ............................... 23 ARTICLE11 INDEMNITY ....................................................................................... ............................... 24 ARTICLE 12 INSURANCE ...................................................................................... ............................... 24 12.1 Coverage Required .............................................................. ............................... 24 12.2 Owner As Additional Insured ............................................... ............................... 24 12.3 Certificates Of Insurance /Cancellation Notice ..................... ............................... 24 12.4 Subcontractor /Consultant Coverage .................................... ............................... 25 ARTICLE 13 SUSPENSION ...................................................................................... .............................25 13.1 Owner's Right To Suspend .................................................. ............................... 25 13.2 Ceasing Performance Upon Suspension ............................ ............................... 25 13.3 Resumption Of Work After Suspension ............................... ............................... 25 13.4 Claim For Costs Of Suspension .......................................... ............................... 25 ARTICLE 14 TERMINATION .................................................................................. ............................... 25 14.1 Termination For Convenience ............................................. ............................... 25 14.2 Ceasing Performance Upon Termination ............................ ............................... 26 14.3 Submission Of Termination Claim ....................................... ............................... 26 14.4 Compensation For Termination For Convenience ............... ............................... 26 14.5 Termination For Cause ........................................................ ............................... 26 14.6 Erroneous Termination For Cause ...................................... ............................... 27 14.7 Completion By Owner And Survival Of Obligations ............. ............................... 27 14.8 Termination By Program Manager ...................................... ............................... 27 ARTICLE 15 MISCELLANEOUS PROVISIONS ..................................................... ............................... 27 15.1 Notices ............................................................................... ............................... 27 15.2 Successors And Assigns ................................................... ............................... 27 15.3 No Third Party Beneficiaries .............................................. ............................... 27 15.4 Severability ........................................................................... .............................28 15.5 Headings .............................................................................. .............................28 15.6 Exhibits ................................................................................. .............................28 15.7 " Including .............................................................................. .............................28 15.8 Governing Law ..................................................................... .............................28 15.9 Entire Agreement /Amendments In Writing ........................ ............................... 28 15.10 Hazardous Materials ............................................................ .............................28 15.11 Delays Beyond Reasonable Control .................................. ............................... 28 SCHEDULE OF EXHIBITS EXHIBIT "Al" SCHEDULE OF COMPENSATION EXHIBIT "A2" REIMBURSABLE EXPENSES EXHIBIT "B" PARTIAL WAIVER AND RELEASE OF CLAIM RIGHTS EXHIBIT "C" FINAL WAIVER AND RELEASE OF CLAIM RIGHTS 5 MASTER AGREEMENT FOR PROGRAM MANAGEMENT SERVICES This MASTER AGREEMENT FOR PROGRAM MANAGEMENT SERVICES (the Agreement ") is made and entered into by and between: City of Coppell ( "Owner "), and Gallagher Construction Company. LP d /b /a Gallagher Construction Services, 3501 Token Dr., Suite 100, Richardson, TX 75082 ( "Program Manager ") On and after the Effective Date, rights and obligations hereunder shall accrue only in connection with a Project covered by a Project Order ( "Project Order ") executed by the Owner and the Program Manager, and then, only to the extent thereof. While the Owner intends to authorize the Program Manager from time to time to perform project management services for the Owner pursuant to Project Orders, nothing herein shall require the Owner to assign any specific Project to the Program Manager. A listing of all Projects that may be assigned to the Program Manager are identified in the Owner's Capital Improvement Plan ( "CIP ") which is available for review on the Owner's website, and the CIP is incorporated herein by this reference; provided, however, that the CIP is subject to modification by addition, deletion, or elimination, or revision at the Owner's sole discretion. The Owner reserves the right in its sole discretion to determine which Project assignments are appropriate to be performed by the Program Manager under this Agreement. Except as otherwise provided herein, Program Manager's Services in connection with a Project shall conclude one year following final completion of a Project covered by a Project Order unless otherwise provided in such Project Order or in an amendment thereto. The term of this Agreement shall commence on the Effective Date and shall conclude on upon completion of the projects listed within this Agreement. For and in consideration of the mutual promises, covenants and agreements set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, Owner and Program Manager agree as follows: DEFINITIONS 1.1 "Additional Services" means those services, duties, obligations and responsibilities provided in any Project Order and /or Change Order. 1.2 "Applicable Laws" means all laws, statutes, ordinances, codes, regulations, rules, orders and resolutions of all national, administrative, state, local, municipal, and other governing bodies, relating to or affecting a Project, including environmental, health, safety, building, and employment laws. 1.3 "Basic Services" means all Services required of Program Manager by this Agreement, excepting only Additional Services. 1.4 "Change Order" means a written order to Program Manager executed by Owner in accordance with Article 8 of this Agreement authorizing and directing an addition to, deletion from, adjustment, revision, or a combination thereof, to the Services required of, or the compensation payable to, Program Manager or Project Order. 1.5 "Construction Contract ": (a) "Construction Contract" means a contract between Owner and a Contractor for the performance of all or any portion of the Work for a Project, including all documents defined by such contract as "Contract Documents ", all documents incorporated into such contract by reference, and all additional documents, if any, defined by such contract as constituting a part thereof. 1.6 "Construction Phase ": (a) "Construction Phase" means the phase of a Project commencing upon the completion of the Design Phase, or any particular phase thereof if Owner has approved staging of the design in phases, or the award of the first Construction Contract for such Project, whichever occurs first, and ending upon Owner's execution of a Certificate of Final Completion for such Project; (b) in respect of a Design /Build Project, "Construction Phase" means the phase of a Project commencing upon the completion of the Design Phase, or any particular phase thereof if Owner has approved staging of the design in phases, and ending upon Owner's execution of a Certificate of Final Completion for such Project. 1.7 "Contractor ": (a)" Contractor" means a person or entity, including, without limitation, general contractors, trade or specialty contractors, and construction managers, with whom Owner contracts for performance of all or part of the Work for a Project 1.8 "Design Contract ": (a) "Design Contract" means a contract between Owner and a Project Architect or design professional for design of a Project and performance of related services, and includes all documents incorporated into such contract by reference and all documents defined by such contract as constituting a part thereof. 1.9 "Design For Construction" means the complete and final design, bid documents, and construction documents, including, without limitation, plans, drawings, specifications, manuals, related materials, and all addenda, changes, and modifications thereto, prepared or provided by a Project Architect or design profressional pursuant to a Design Contract for use in constructing a Project, or any particular phase thereof if Owner has approved staging of the design in phases, performing the Work for such Project, or such phase if applicable, and rendering such Project, or such phase if applicable, fully operational and usable for its intended purpose. 1.10 "Design Phase" means the phase of a Project commencing with the execution of a Design Contract for such Project, or Owner's authorization to commence design services for such Project, whichever occurs first, and ending upon completion of the Design for Construction for such Project, or any particular phase thereof if Owner has approved staging of the design in phases. 1.11 This Agreement shall become effective on the date it is executed bythe last party to execute it (the "Effective Date "). 1.12 "Execution Plan" means the manual of processes and procedures adopted and utilized by Owner to monitor projects. 1.13 "Final Completion" means the completion of all Work required by, and in strict compliance with, the Construction Contract for a Project, including start-up, testing, permitting, and all preparations necessary to open and operate such Project for its intended purpose. 1.14 "Owner's Representative" means the individual named by Owner, in writing, to act on Owner's behalf in the administration of this Agreement. 1.15 "Preliminary Design" means all design documents constituting the preliminary design of a Project as required by and defined in the Design Contract for such Project. 1.16 "Project" means a city facility or other facility design and construction or renovation or addition undertaking. 1.17 "Project Architect ": (a) "Project Architect" means a person or entity with whom the Owner contracts for design of a Project and performance of related services. 1.18 "Reimbursable Expenses" means, and shall be limited to, those items set forth in Exhibit "A ", attached hereto. 1.19 "Services" means all the services, duties, obligations and responsibilities required of Program Manager pursuant to the terms of this Agreement. 1.20 "Subcontractor" means any person or entity hired by Program Manager to perform any portion of the Services. 1.21 "Substantial Completion ": (a) "Substantial Completion" means that point at which, as certified in writing by the Project Architect, a Project is at a level of completion in strict compliance with the Construction Contract such that the Owner can enjoy beneficial use or occupancy, and can use or operate it in all respects, for its intended purpose. 1.22 "Value Engineering" means the detailed analysis of systems, equipment, materials, services, facilities, and supplies required by a Construction Contract for the purpose of achieving the desired and essential functions of Owner's Project at the lowest Life Cycle Cost consistent with required and necessary performance, reliability, quality and safety. "Life Cycle Cost" means the sum of all costs of a Project over its useful life, and includes the cost of design, construction, acquisition, operation, maintenance, and salvage /resale value. 1.23 "Work" means any and all labor, supervision, work, supplies, fixtures, furnishings, vehicles, equipment, services, tools, materials, computers, utilities, items, documents and things required by a Construction Contract to construct, test, certify, permit and render a Project, and every component thereof, operational and usable for its intended purpose. ARTICLE 2 REPRESENTATIONS 2.1 Specific Representations. By executing this Agreement and undertaking to perform its services under a Project Order, Program Manager makes the following express representations to Owner upon which Owner may fully rely: 2.1.1 Program Manager is professionally qualified to act as Program Manager for the Project and has authorizations necessary to act as Program Manager for the Project and to perform the Services required hereunder. 2.1.2 Program Manager has become familiar with the local conditions under which the Project is to be implemented. 2.1.3 Program Manager has the skill, capability and experience, including sufficient qualified and competent personnel, to effectively, efficiently and timely perform the Services and manage the Project, and Program Manager will continuously furnish sufficient personnel to progress the Project and perform the Services in a timely and proper manner. 2.1.4 Program Manager shall comply with all Applicable Laws governing the performance of the Services. 2.1.5 Program Manager assumes full responsibility to Owner for the acts and omissions of its officers, employees, agents, Subcontractors, consultants, and others employed or retained by it in connection with the Project and performance of the Services. 2.2 Enumerated Representations Not Exhaustive. Nothing contained in this Article 2 shall in any manner supersede, limit, or restrict any other duty, responsibility, representation, or warranty created by this Agreement or by law. ARTICLE 3 PROGRAM MANAGER'S PERFORMANCE: GENERAL PROVISIONS 3.1 Standard Of Care. Program Manager shall perform all Services at a level, and to a standard of care, consistent with the standards and quality prevailing among recognized Project and construction management firms of superior knowledge, skill and experience engaged in Projects of similar size and complexity. Program Manager shall carry out and complete all Services in an efficient, thorough, timely and economical manner, and in strict accordance with the terms of this Agreement. 3.2 Owner's Agent. Program Manager shall be Owner's agent in performing the Services, shall promote and protect Owner's interests, and shall have a fiduciary obligation of undivided loyalty and trust to Owner in connection therewith. Unless otherwise directed by Owner in writing, the Program Manager shall act as Owner's agent to the Project Architect and Contractor. 3.3 Time Of The Essence. Program Manager acknowledges that time is of the essence to the Project and in the performance of Program Manager's Services. Program Manager shall perform and complete the Services in a timely manner in accordance with the Project Schedule. 3.4 Compliance With Applicable Laws. Without assuming the responsibility of the Project Architect for the accuracy, adequacy and completeness of design, and without assuming the responsibility of the Contractor, Program Manager shall reasonably ensure that the Project is designed and constructed in a manner to meet the requirements of all Applicable Laws. Program Manager shall immediately report to Owner in writing any known actual or potential violation of any Applicable Law by any person or entity, including, without limitation, the Project Architect and the Contractor. 3.5 Duty To Correct Defective Services. Program Manager shall promptly correct any errors, omissions, and deficiencies in its performance of the Services, at its own cost and without additional compensation or reimbursement, and Program Manager shall not be compensated for performing any Services necessitated by its failure to perform in accordance with this Agreement. 3.6 Program Manager's Performance Not Discharged By Duties Of Others. Program Manager's Services under this Agreement shall not be changed, altered, discharged, released or satisfied by any duty, obligation or responsibility of a Project Architect or a Contractor. Program Manager is not a third -party beneficiary of any agreement by and between Owner and a Project Architect or Contractor. It is expressly acknowledged and agreed that Program Manager's Services to Owner are independent of, and are not diminished by, any duties owed to Owner by any Project Architect, Contractor or other third party. 3.7 Cooperation With Project Architect. Program Manager shall cooperate fully with the Project Architect with respect to the duties, obligations, responsibilities and services of such Project Architect, including those set forth in any applicable Design Contract. Such duty of cooperation shall include, as the Project Architect's needs may require, furnishing information and documents to, meeting with, and consulting with, the Project Architect with respect to inspection, testing and analysis of any Work. 3.8 Program Manager Not To Perform Design Or Construction. Unless expressly authorized in writing by Owner's Representative, neither Program Manager nor any subsidiary, affiliate, or any subcontractor of the Program Manager or joint venture partner of Program Manager shall perform, or enter into any agreement to perform, any design or construction work in connection with the Project. ARTICLE 4 PROGRAM MANAGER'S BASIC SERVICES 4.1 Generally. During the planning, design and construction of the Project, and at all times relevant thereto, without assuming the responsibility of the Project Architect for the accuracy, adequacy and completeness of design, and without assuming the responsibility of the Contractor, Program Manager shall perform the Basic Services set forth in, or reasonably implied by or inferable from, this Article 4. Unless Owner directs otherwise in writing, and except as otherwise provided in this Agreement, Program Manager shall perform such Basic Services until construction of the Project is complete. Program Manager agrees to and accepts this scope of Basic Services. 4.2 Consultation with Owner. Program Manager shall consult in detail with Owner in order to: a) Review Owner's existing facilities as applicable to the scope the Project; b) Learn Owner's needs and objectives; c) Review Owner's design, construction, budgetary, cash flow and operational requirements; and d) Review educational specifications. 4.3 Review Applicable Laws. Program Manager shall review all Applicable Laws and notify Owner's Representative in writing of any areas that may be of concern, difficulty in compliance, or violation thereof. 4.4 Owner's Execution Plan. Program Manager shall review and comply with Owner's Execution Plan. 4.5 Monthly Reports. Program Manager shall prepare and submit to Owner's Representative on the tenth day of each month a written report summarizing the progress of the Project during the preceding month (the "Monthly Report"). Such Monthly Report shall set forth, in detail reasonably satisfactory to Owner, significant facts and events occurring during the preceding month, such that Owner will be fully informed of the progress of the Project. The Monthly Report shall describe any problems or obstacles that may adversely affect the budget or schedule of the Project or the quality of design and construction work being performed. The Monthly Report shall include, without limitation, the following: a) An update of the Project Schedule, which shall identify any delays to the Project, as well as the cause and extent of such delays, and shall make recommendations for eliminating or minimizing such delays and the effects thereof; b) Updates of the Project budget and cash flow analysis, subdivided into design and construction phases for the Project, showing costs incurred in the preceding month as well as month -by -month projection and forecast of future anticipated costs and payments by Owner; c) A summary of all change orders approved for the Project during the preceding month, which summary shall indicate the cost and cause of each such change order, and shall give the cumulative total costs of all change orders approved to date for the Project, expressed in gross dollars and as a percentage of the Construction Contract price; d) A summary of all requests or claims for additional compensation or time extensions received from the Project Architect or Contractor. 4.6 Attendance At Meetings. Program Manager shall attend such meetings as Owner's Representative requests, and shall attend any and all other meetings as necessary to protect the interests of the Project and the Owner. In addition to all meetings Program Manager is otherwise required to attend pursuant to this Agreement, Program Manager shall schedule and attend meetings with the Architect, the Contractor and others that Program Manager, in the exercise of its professional judgment, deems necessary or in the interests of the Project or Owner. Program Manager shall forward meeting minutes of each meeting attended within forty -eight 48) of the conclusion of the meeting. Program Manager shall give Owner not less than forty - eight (48) hours prior written notice of any meeting scheduled by Program Manager. Owner shall give Program Manager not less than forty -eight (48) hours prior notice of any meeting scheduled by Owner. 4.6.1 Prepare And Distribute Meeting Minutes. At every meeting Program Manager attends, Program Manager shall keep written minutes of the meeting and distribute typed copies of same to Owner and all in attendance at such meeting, as well as anyone else Program Manager believes, in the exercise of its professional judgment, should review such minutes. 4.7 Project Schedule. Program Manager shall prepare and submit to Owner's Representative within thirty (30) days of receipt of a Project Order, a schedule for the Project in such form as Owner may require (the "Project Schedule "). The Project Schedule shall establish and show milestones, including start and finish dates, for critical phases and events in the design and construction of the Project. Program Manager shall continually update the Project Schedule throughout the duration of the Project. 4.7.1 Notice Of Delays To Project Schedule. Program Manager shall, in writing, immediately notify Owner's Representative of delays or anticipated potential delays and make recommendations for eliminating or minimizing such delays and the effects thereof. 4.8 Communications And Reporting. All communications from Program Manager to Owner, excepting only ordinary and routine communications, shall be in writing and shall be directed to the Owner's Representative with copies to such other persons as may be deemed from time to time. 4.9 Document Control. Program Manager shall be responsible for the Owner's document control for the Project, including reviewing all documents received by Owner and Program Manager, copying and distribution of documents as necessary, and storage and retrieval of documents. Program Manager shall confirm that the Owner receives all documents required to be submitted to the Owner and that the Owner acquires copies of all documents that it is in the Owner's interest to receive. 4.10 Maintain Construction Contract Documents. Program Manager shall maintain on behalf of, and for use by, Owner a complete and current set of all documents comprising or incorporated in the Construction Contract for the Project. 4.11 Preparation Of Design Schedule. Program Manager shall, within thirty (30) days of the notice to proceed to the Architect for a particular Project, prepare a design schedule for such Project. Program Manager shall monitor all design schedules throughout the Project and shall notify Owner in writing of any delays in the Design Phase, and shall make recommendations to Ownerfor eliminating or minimizing such delays and the effects thereof. 4.12 Project Reviews With Project Architect. Upon execution of a Design Contract, Program Manager shall meet with the Project Architect to review the Project Analysis, the design criteria, the Project budget, the design schedule, the Project Schedule, Applicable Laws affecting the Project, and channels for communications and reporting. 4.13 Verify Project Architect's Insurance. Program Manager shall review all insurance certificates and policies submitted by the Project Architect for compliance with the Design Contract, and shall seek compliance by the Project Architect where necessary. Program Manager shall verify such compliance to Owner in writing. Program Manager shall not permit the Project Architect to commence or continue with performance or provision of design services if the Project Architect is not in full compliance with insurance requirements, but shall immediately notify Owner in writing of such noncompliance. 4.14 Twice Monthly Meetings With Project Architect. During the Design Phase of the Project, Program Manager shall meet not less than twice every month with the Project Architect and Owner to review the progress of design work and identify any delays or potential delays to the design schedule, deviation from Owner's design and budget criteria, and constructability problems. 4.14.1 Identify Potential Cost Savings. During and after such meetings, Program Manager shall study and evaluate the construction materials, building systems, and equipment called for in the design for the purpose of identifying any potential savings that may be achieved through Value Engineering, commonality or similarity of materials and equipment, procurement by Owner, bulk purchasing and economies of scale. Program Manager shall also evaluate the design for the purpose of achieving maximum efficiency and cost - effectiveness in construction and installation, future expandability of the Project, Life Cycle Costs, ease of maintenance, and economy of operation. 4.15 Review Cost - Saving Recommendations With Owner. Program Manager shall consult with Owner regarding all potential cost - saving measures recommended or identified by Program Manager. Upon Owner's written authorization, Program Manager shall implement, or direct implementation of, such cost - saving measures as Owner approves. 4.16 Review Geotechnical Reports. Program Manager shall review all geotechnical reports submitted in a timely manner and promptly report to Owner in writing any impact upon cost or timely completion indicated by such reports, along with Program Manager's recommendation for cost savings and avoidance of delay. 4.17 Review And Certification Of Project Architect's Pay Requests. Program Manager shall review each pay request submitted by a Project Architect and, within seven (7) days of receiving same, certify to Owner the amount that, in Program Manager's professional judgment, is due such Project Architect pursuant to the applicable Design Contract. Such certification by Program Manager shall be a representation to Owner that the amount certified is currently owed to such Project Architect under the terms of the Design Contract and that the Program Manager knows of no reason why any portion of such amount should be withheld. 4.18 Review Of Preliminary Design. Program Manager shall review the Preliminary Design for the Project upon submission by the Project Architect and shall evaluate same for completeness, accuracy, clarity, compliance with Project requirements, compliance with Owner's design criteria and budget, errors and omissions, coordination of drawings, constructability and compliance with Applicable Laws. 4.19 Review Of Design For Construction. Program Manager shall review the Design for Construction for the Project upon submission by the Project Architect and shall evaluate same for completeness, accuracy, clarity, compliance with Project requirements, compliance with Owner's design criteria and budget, errors and omissions, coordination of drawings, constructability and compliance with Applicable Laws. 4.20 Services During Bidding. During the bidding or proposing for construction of the Project, Program Manager shall perform the following services: 4.20.1 In consultation with Owner and, if applicable, the Project Architect, prepare all necessary bid and proposal forms and documents. 4.20.2 In consultation with Owner, prepare and publish advertisements for bids or proposals for construction. In scheduling bid or proposal dates, Program Manager shall monitor the local construction market, noting in particular the bid or proposal dates of other significant construction projects. To the fullest extent possible consistent with Owner's scheduling needs, Program Manager shall avoid setting bid or proposal dates for the Project which conflict with bid or proposal dates for other construction projects in the area, it being Owner's desire to have the maximum possible interest in bidding or proposing on its Project. 4.20.3 As necessary, or upon request by Owner, in compliance with state law concerning procurement, stimulate bidder or offeror interest by direct contact with qualified contractors and construction managers and design /builders. 4.20.4 Monitor and expedite the bidding or proposal process by tracking recipients of bid or proposal documents, obtaining and facilitating answers to bidders' or offerors' questions and furnishing necessary information, and facilitating the issuance of addenda. 4.20.5 Assist the Project Architect in preparing addenda in consultation with the Owner, as necessary. Review all addenda for accuracy and completeness, compliance with Project criteria, constructability and impact on the construction schedule and cost, and report any significant cost or schedule impacts and any problems and areas of concern to Owner prior to issuance of addenda. 4.20.6 Analyze all bids or proposals received for completeness, responsiveness, price and compliance with bid bond requirements. 4.20.7 Investigate the background of all bidders or offerors, including such bidders' or offerors' experience in the local construction market, experience in construction, and if applicable, design, of applicable projects, qualifications to construct, and if applicable, design, the Project being bid or proposed, financial and bond capacity, and claims history. This shall include a review a list of proposed subcontractors and suppliers. 4.20.8 In consultation with the Owner, evaluate bids or proposals and make recommendations regarding selection of the Contractor. 4.21 Reducing Bid or Proposal Amounts. In the event that the lowest acceptable bid or proposal for construction of a Project, exceeds the construction portion of the Project budget, Program Manager shall, in consultation with the Owner, negotiate with the lowest responsible, responsive bidder or offeror to lower the bid or proposal to an amount acceptable to Owner. If such negotiations are unsuccessful in lowering the bid or proposal to an amount acceptable to Owner, Program Manager shall, in cooperation with the Project Architect if applicable, advise Owner on means of Value Engineering or lowering the cost of construction and, if applicable, design. Program Manager shall assist in implementing any measure decided upon by Owner to achieve such savings. 4.22 Notice To Proceed. Program Manager shall prepare and, after obtaining Owner's written approval, issue the notice to proceed to the Contractor. 4.23 Conduct Preconstruction Conference. Program Manager shall conduct a preconstruction conference with the Project Architect and the Contractor for the purpose of reviewing any special requirements related to site access, safety, coordination with city activities, communications and reporting procedures, scheduling, submittals, pay requests, change orders, inspections and any other matters relevant to the performance of the Program Manager, Project Architect, and Contractor. 4.24 Procurement Of Special Services. Program Manager shall, as Owner's agent, procure, coordinate and supervise the services of surveyors, testing laboratories, and other special consultants required for the Project. Program Manager shall monitor all test results and notify Owner and Project Architect in writing of any known or observed problems. 4.25 Perform Owner's Obligations Under Construction Contract. Unless otherwise directed by Owner, Program Manager shall coordinate with Owner to schedule, coordinate, assist with and facilitate the performance of, all of Owner's duties under the Construction Contract. In addition, and without limiting the generality of the foregoing, and any provision hereof to the contrary notwithstanding, the Program Manager shall perform, as Basic Services, all of the duties of the "Owner's Representative." Program Manager shall coordinate with Owner to schedule and coordinate the procurement, delivery and security of any materials, furnishings and equipment to be furnished to the Project or any Project by Owner. Nothing contained herein shall be construed to permit the Program Manager to give final approved without the consent of the Owner. 4.26 Permits And Licenses. Program Manager shall confirm that all permits and licenses that are required by contract or law are obtained. Program Manager shall not permit the Contractor to perform any Work requiring a permit or license unless the permit or license has been obtained. 4.27 Contractor's Bonds And Insurance Requirements. Program Manager shall review all insurance certificates and policies, payment bonds and performance bonds submitted by the Contractor for compliance with requirements of the Construction Contract, and Program Manager shall maintain on file copies of same. Program Manager shall verify to Owner in writing Contractor compliance with such requirements. Program Manager shall not permit any Contractor to commence or continue with performance of the Work or Construction Contract if such Contractor is not in compliance with all insurance and bond requirements, but shall immediately notify Owner in writing of such noncompliance 4.28 Review Of Construction Schedule. Program Manager shall review the construction schedule submitted by the Contractor. Program Manager shall verify that such schedule is reasonable and practical and conforms with the requirements of the Construction Contract and the Project Schedule, and Program Manager shall represent same to Owner in writing prior to approving Contractor's use of such construction schedule. Program Manager shall furnish Owner a summary of the construction schedule showing the Contractor's critical path logic, and shall keep the construction schedule and updates thereof available for Owner's use and review. When approved by Program Manager, a construction schedule shall be a basis for measuring progress of a Project and payment to the Contractor. 4.29 Construction Schedule Updates. Program Manager shall obtain and review all monthly updates of the construction schedules. Program Manager shall verify that such updates are consistent with the actual progress of construction as observed by Program Manager. Program Manager shall notify Owner in writing if an update indicates slippage in a construction schedule or delays to Project completion, and shall make recommendations for eliminating or minimizing such delays and the effects of same, as well as appropriate withholding of payment from the Contractor pursuant to the Construction Contract. 4.30 Review Contractor's Schedules Of Values. Upon receipt from the Contractor, Program Manager shall examine the Contractor's schedule of values together with all supporting documentation that may be required by the Construction Contract. The purpose of such examination shall be to protect Owner from an unbalanced schedule of values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation, or than is reasonable under the circumstances. If the schedule of values is not found to be appropriate, or if the supporting documentation is deemed to be inadequate, Program Manager shall notify Owner and the Project Architect in writing. After making its examination, if the schedule of values is found by Program Manager to be appropriate as submitted, or if necessary, as revised, Program Manager shall sign the schedule of values thereby indicating its informed belief that the schedule of values constitutes a reasonable, balanced basis for payment of the Construction Contract price to the Contractor. Program Manager shall not sign such schedule of values in the absence of such belief. 4.31 Project Administration. Program Manager shall provide a management team to administer the Projects as an agent of Owner. Program Manager shall promptly notify Owner in writing of any known material breach of a Construction Contract by a Contractor and shall take all steps necessary to remedy such breach and to minimize or eliminate the effect of such breach on the timely and proper completion of the Work. Program Manager shall coordinate communication between all parties involved in construction of the Project. Program Manager shall monitor all construction activities and, through Owner's Representative and, where applicable, coordinate same with activities and functions and other needs of the Owner. 4.32 Contract Administration By Project Architect. Program Manager shall monitor the performance of Construction Contract administration duties by the Project Architect, including, without limitation, the timeliness of the Project Architect's review of submittals, change orders and Contractor pay requests. Owner may require Program Manager to perform, as an Additional Service unless set forth elsewhere in this Agreement as a Basic Service, all contract administration duties that would otherwise be performed by the Project Architect. 4.33 Job Site Meetings. Program Manager shall schedule and conduct regular job - site meetings with the Project Architect, Contractor, and, as necessary, major subcontractors. Such meetings shall be scheduled and held with such frequency as may be appropriate for the Project but in no event less frequent than monthly. The purpose of such meetings shall be to address all matters and issues relating to quality, quantity and progress of the Work. Program Manager shall prepare and deliver to Owner and all in attendance at such meeting detailed minutes of same. 4.34 Review Of RFI's. Program Manager shall review all requests for information and interpretation submitted by Contractors. Where appropriate, Program Manager shall provide information to Contractors on behalf of Owner. With respect to any interpretation, rendered by the Project Architect, of a requirement of the Construction Contract, Program Manager shall carefully review such interpretation and shall immediately advise Owner in writing if Program Manager disagrees with any such interpretation. Program Manager shall maintain a log of all requests for information and interpretation, which shall record the date of receipt of, a description of, and date of response to, each request. 4.35 Review Of Contractor's Pay Requests. Program Manager shall review each Contractor pay request upon receipt from the Project Architect, and shall certify to Owner the amount that, in Program Manager's professional judgment, is due the Contractor. Program Manager shall notify Owner in writing of any disagreement with the Project Architect's certification and any reasons for such disagreement. Program Manager's certification of any Contractor pay request shall be a representation to Owner that the amount certified is currently owed to the Contractor under the terms of the Construction Contract and that Program Manager knows of no reason why any portion of such amount should be withheld in accordance with the Construction Documents. 4.36 Change Order Review. Program Manager shall review all potential change order requests, change orders or proposals submitted, and, within ten (10) days after receipt thereof, or more expeditiously if necessary to avoid delay to the construction schedule, shall, after consultation with the Project Architect, advise Owner in writing as to the cause, necessity, purpose, advantages and disadvantages, likely cost, likely effect on the construction schedule and the Project Schedule and all other impacts and problems that may result from the issuance or non - issuance of a change order. Program Manager shall advise Owner of any reasonable alternatives to the change order request or proposal, and shall recommend a course of action. Program Manager shall negotiate, on Owner's behalf, cost increases and decreases and time extensions resulting from each change order with the party requesting the change order. Program Manager shall maintain a log of all change order requests and proposals, the amounts of same, all actions taken thereon, and the dates thereof. 4.37 Testing And Startup. Program Manager shall observe the testing and startup of all utilities, systems and equipment and shall report the results of same to Owner in writing. Program Manager shall deliver to Owner all written material such as operations and maintenance manuals for all equipment, and all warranties and guaranties required by the Construction Contract. 4.38 As -Built Drawings. Program Manager shall review all as -built drawings and shall certify to Owner that all as -built drawings are adequate and complete based on the Program Manager's investigation, knowledge and belief. 4.39 Owner Training. Program Manager shall arrange for training of Owner's personnel in the maintenance and operation of all equipment and systems. 4.40 Punchlists And Defective Work. Program Manager shall assist Owner and Architect in the preparation and enforcement of all punchlists and other itemizations of defective or incomplete Work. Program Manager shall report to Owner on a weekly basis the Contractor's progress in curing and completing punchlist Work 4.41 Certificates Of Completion. Program Manager shall review all certificates of Substantial Completion and Final Completion issued by the Project Architect. Program Manager shall immediately notify Owner in writing if Program Manager disagrees with any such certificate and shall state the reasons for such disagreement. 4.42 Transfer Of Project To Owner. Program Manager shall assist Owner in the transfer of the completed Project to Owner. Such assistance shall include, without limitation, procuring keys to the Project, transfer of Project security, obtaining the certificate of occupancy and all other matters relating to Owner's initial occupation and possession of the Project. 4.43 Claims Assistance. Program Manager shall review and evaluate any and all claims for additional compensation or time extensions submitted by the Contractor or the Project Architect. Program Manager shall consult with Owner with respect to the nature, basis and merits of such claims. If requested by Owner in writing, Program Manager shall negotiate such claims with the claimant on Owner's behalf. ARTICLE 5 ADDITIONAL SERVICES 5.1 Generally. During the planning, design and construction of the Project, and at all times relevant thereto, Program Manager shall perform the services, duties, obligations and responsibilities set forth in, or reasonably implied by or inferable from, this Article 5, if authorized and directed by written Change Order and /or Project Order executed by Owner pursuant to Article 8 herein. Program Manager agrees to and accepts this scope of Additional Services. 5.2 Chancres In The Project. Program Manager shall perform such services as may reasonably be required due to significant changes made in the Project after execution of a Project Order for the Project. 5.3 Incidental Costs: Any fee schedule for incidental costs (ie, couriers) may be developed and included in the Project Orders. 5.4 Owner's Insurance. Program Manager shall, in cooperation with Owner's risk management representative, determine Owner's insurance needs for the Project and assist Owner as needed in procuring necessary coverage. 5.5 Submission Of Documents To Reviewing Agencies. Program Manager shall ensure that all required submissions of documents to reviewing agencies, both governmental and otherwise, are complete, timely and in compliance with the requirements of such agencies. 5.6 Negotiation Of Construction Contract. Program Manager shall assist Owner in negotiating the Construction Contract with the Contractor selected by Owner. Nothing herein shall be construed to indicate that the Program Manager shall be engaged in the practice of law, or the giving of legal advice. 5.7 Review of The Work. Without assuming the responsibility of the Project Architect for the accuracy, adequacy and completeness of design, and without assuming the responsibility of the Contractor, Program Manager shall review construction Work to determine the quality and quantity of the Work performed in comparison to the requirements of the Construction Contract, it being the intention of the parties and a requirement of the Construction Contract that all Work be performed in strict accordance with the requirements thereof. Within two (2) days after any such inspection, Program Manager shall report to Owner in writing any deficient or nonconforming Work and any facts and circumstances observed or discovered that are detrimental or potentially detrimental to the Project or Owner's interests. 5.8 Administration of Construction Contract. Without assuming the responsibility of the Project Architect for the accuracy, adequacy and completeness of design, and without assuming the responsibility of the Contractor, Program Manager shall perform additional Construction Contract administration duties, beyond those required as Basic Services, including, without limitation, regular reviews of the Work, review of submittals, evaluation of requests for change orders, review and certification of Contractor pay requests, certification of Substantial Completion and Final Completion, and such other contract administration duties as Owner may request. 5.9 Owner Requested Services. Program Manager shall perform such other services related to the Project and the intent of this Agreement as Owner may reasonably request. ARTICLE 6 OWNER'S OBLIGATIONS OTHER THAN PAYMENT 6.1 Provide Project Information. Owner shall provide Program Manager with adequate information regarding Owner's requirements for the Project, including any desired or required schedules and any budgetary requirements. 6.2 Owner's Representative. The Owner's Representative is City Manager or Designee as set forth in such Project Order. Such individual shall serve as Owner's Representative for the duration of the Project unless replaced by Owner, with written notice of such replacement furnished to Program Manager. Owner's Representative is the only representative of Owner entitled to act on behalf of Owner with respect to this Agreement and the requirements hereof. However, Owner's Representative does not have authority to waive or modify any requirement, condition or term of this Agreement. 6.3 Review Of Documents. Owner shall review any documents submitted by Program Manager requiring Owner's decision and shall render any required decisions pertaining thereto. 6.4 Access To The Site And The Work. Owner shall provide Program Manager access to the Project site and to the Work as necessary for Program Manager to perform this Agreement. 6.5 Cooperation To Secure Permits. Owner shall cooperate with Program Manager in securing any necessary licenses, permits, certificates, approvals or other necessary authorizations for the construction and occupancy of the Project. 6.6 Timely Performance. Owner shall perform those obligations set forth in the Agreement in a reasonably expeditious fashion so as to permit the orderly progress of Program Manager's Services and the Project. 6.7 Owner's Reviews, Inspections, Approvals, And Payments. Owner's review, inspection, or approval of any Preliminary Design, Design for Construction, Construction Contract, any other design or construction documents, any Work, any schedules, or any documents prepared or submitted by Program Manager shall be solely for the purpose of determining whether same are generally consistent with the Project and Owner's requirements. No review, inspection, or approval by Owner of such Designs, Work or documents shall relieve Program Manager of its responsibility for the strict performance of its obligations under this Agreement or for the accuracy, adequacy, fitness, suitability, or coordination of its Services and work product. Payment by Owner pursuant to this Agreement shall not constitute a waiver of any of Owner's rights under this Agreement or at law. 6.8 Program Manager's Notice Of Nonperformance. If Program Manager believes that Owner is failing, or has failed, to perform properly and timely any of Owner's obligations hereunder, Program Manager shall promptly furnish written notice of same to Owner. PAYMENTS TO PROGRAM MANAGER 7.1 Basis Of Compensation. Owner shall pay, and Program Manager shall accept, as full and complete compensation for Program Manager's assumption and performance of all of the Basic Services required herein, the sum of (a) the Program Manager's Fee, for the period of time and to the extent of the utilization of personnel set forth in a Project Order and (b) the Program Manager's Reimbursable Expenses as allowed by Exhibit "Al" and Exhibit "A2 ", and reasonably incurred in furtherance of the Project. 7.2 Taxes And Fees. The Program Manager's compensation shall be deemed to include, and Program Manager shall be responsible for payment of, all federal, state and local taxes, assessments and fees related to this Agreement and the performance thereof which are enacted and effective as of the date of this Contract. 7.3 Program Manager's Pay Request. On or before the fifth day of each month after Program Manager commences performance of its services pursuant to a Project Order, Program Manager shall submit to Owner a request for payment ( "Pay Request ") for the Services performed by Program Manager through the last day of the Program Manager's last two -week pay period of the preceding month. Pay Requests shall be in such form and with such supporting data as Owner may require. In its Pay Request, Program Manager may request payment for that portion of the Program Manager's compensation earned and not previously paid through the pay period covered by the Pay Request. The Pay Request shall be supported by such documentation as Owner may require. Copies of paid receipts for expenses for which Program Manager seeks payment shall be furnished as part of the Pay Request. Unless otherwise directed by Owner's Representative, Pay Requests shall be submitted to Owner's Representative for approval. 7.4 Certification Relating To Pay Requests. Each Pay Request shall bear the signature of Program Manager's Project Coordinator, which signature shall constitute Program Manager's representation to Owner that the Services indicated in the Pay Request have progressed to the level indicated and have been properly and timely performed as required herein, that the Reimbursable Expenses included in the Pay Request have been actually, reasonably and properly incurred, that all obligations of Program Manager covered by prior Pay Requests have been paid in full, and that, to the best of Program Manager's knowledge, information and informed belief, the amount requested is currently due and owing, there being no reason known to Program Manager that payment of any portion thereof should be withheld. Submission of Program Manager's Pay Request for final payment shall further constitute Program Manager's representation to Owner that, upon receipt from Owner of the amount requested, all obligations of Program Manager to others incurred in connection with the Project, will be paid in full. In -the event that Owner becomes credibly informed that any of the foregoing representations by Program Manager are wholly or partially inaccurate, Owner may withhold payment of sums then or in the future otherwise due to Program Manager until the inaccuracy, and the cause thereof, is corrected to Owner's reasonable satisfaction. 7.5 Payment Of Pay Requests. Owner shall make payment to Program Manager of all sums properly invoiced and approved under the provisions of this Article 7, less any withheld amount authorized by this Agreement and less any amounts owed by Program Manager to Owner, not more than thirty (30) days following Owner's receipt of the Pay Request, provided that the Pay Request is in proper order, is supported by all required documentation, and that all conditions precedent to payment have been satisfied; otherwise, the time for payment of such Pay Requests shall be extended by the amount of time required to cure such deficiencies. 7.6 Withholding Of Payment. Any provision hereof to the contrary notwithstanding, Owner shall not be obligated to make a payment or payments to Program Manager otherwise due or thereafter to become due, to the extent that any one or more of the following conditions exists: a) Program Manager's Pay Request is not in the form or supported by the documentation required by this Agreement; b) Program Manager is in default of any of its obligations hereunder or under the applicable Project Order; c) Any part of such payment is attributable to performance by Program Manager which Owner adjudges to be deficient or not conforming with the requirements of this Agreement or the applicable Project Order; provided, however, that payment shall be made as to the part thereof attributable to performance which is rendered in accordance with this Agreement or the applicable Project Order and is not deficient, subject to other provisions hereof; d) Program Manager has failed to make payments promptly to its Subcontractors, consultants, employees, or others performing Services in connection with the Project in accordance with any agreement therefore, or any person has filed a claim that Program Manager has failed to make payments due to such person; or e) Any person has asserted a claim against Owner in whole or in part on account of alleged acts or omissions of Program Manager. In the event that any of the foregoing conditions exist, Owner shall be entitled to retain from any sum then due or thereafter to become due an amount sufficient in the judgment of Owner to satisfy, discharge, and defend against such claims, to make good any losses, prospective losses, costs, attorney's fees, and other expenses which may result from the existence of such conditions. 7.7 Disputed Pay Request. In the event Owner's Representative disagrees with or questions all or any portion of any Pay Request, the amount due to Program Manager, or the sufficiency of the information and documentation submitted by Program Manager, Owner's Representative shall notify Program Manager in writing and Owner shall pay the undisputed parts of such Pay Request. If Owner's Representative and Program Manager are able to agree on the amount due under the disputed part of any Pay Request, payment will be made by the payment due date on the original Pay Request or twenty (20) days after receipt of a new Pay Request representing the agreed amount, whichever is later. 7.8 Conditions Precedent To Payment. In addition to all other conditions contained in this Agreement, it shall be a condition precedent to any payment otherwise due hereunder that: (a) Program Manager not be in material breach of this Agreement or the applicable Project Order; b) Program Manager have submitted all documents required by this Agreement or the applicable Project Order; and (c) Program Manager have submitted its Pay Requests and backup documentation in the time, form, and manner required by this Agreement and /or performed in accordance with applicable Project Order for each project. CHANGE ORDERS 8.1 Owner's Authority To Order Changes. Owner may, without affecting the validity or enforceability of this Agreement or the applicable Project Order, direct changes in the Services, including additions, deletions, modifications, and revisions thereto, and direct Program Manager to perform Additional Services. Program Manager shall promptly proceed with the performance of the Services in accordance with Owner's directions, and failure to agree on the specific terms of a Change Order shall not be cause for Program Manager's failure to perform the Services or to proceed with any directed change, so long as Owner and Program Manager agree that there has been a change to the Services. 8.1.1. Basis Of Compensation Increase. Any increase to Program Manager's compensation pursuant to a Change Order shall be made in accordance with the rates set forth in Exhibit "A ". 8.2 Reductions In Program Manager's Compensation. If the Program Manager's Services are reduced in time or scope, the Program Manager's compensation shall be equitably adjusted by Change Order. 8.3 Payment. Payment for Services performed pursuant to a Change Order shall be requested and made in accordance with, and shall be subject to, the provisions of Article 7. 8.4 Change Orders Final. The parties' agreement on any Change Order shall constitute a final settlement on all items covered by such Change Order, as well as all issues and matters related in any way to the circumstances forming the basis for the Change Order. PERSONNEL, SUBCONTRACTORS AND CONSULTANTS 9.1 Approval Of Program Manager's Subcontractors Required /Required Subcontract Terms. Program Manager shall not subcontract to any person or entity (including affiliates of Program Manager) any part of the Services to be rendered by Program Manager under this Agreement without Owner's prior written approval. Program Manager shall provide Owner with such information as Owner deems necessary in order to determine whether to approve any such subcontracts. All such subcontracts shall afford Program Manager rights against its Subcontractors and consultants which correspond to the rights afforded to Owner against Program Manager herein, including, without limitation, those rights of contract suspension, termination, replacement of unsatisfactory personnel at Owner's request, and documentation of Subcontractor and consultant charges as set forth herein. 9.2 Program Manager Responsible For Acts Of Subcontractors. Should Program Manager subcontract all or any part of the Services required under this Agreement, such subcontracting of the Services shall not relieve Program Manager from any liability or obligation under this Agreement or under any Applicable Law, and Program Manager shall be responsible for any and all acts, defaults, omissions and negligence of its Subcontractors and consultants. It is expressly agreed that no relationship of agency, employment, contract, obligation or otherwise shall be created between Owner and any Subcontractor or consultant of Program Manager, and a provision to this effect shall be inserted into all agreements between Program Manager and its Subcontractors and consultants. 9.3 Program Manager's Personnel. Program Manager shall assign only qualified personnel to perform the Services and any functions related to the Project. 9.3.1 Chief Executive. Upon forty -eight (48) hours notice from Owner, Program Manager's Chief Executive Officer, or equal, shall be made available for consultation with Owner as Owner, in its sole discretion, deems necessary. 9.3.2 Prior Approval By Owner. Program Manager shall not assign any personnel to the Project without first obtaining written approval of such assignment from Owner's Representative. In order to permit Owner to evaluate Program Manager's prospective personnel assignments, Program Manager shall make all such personnel available for interviews by Owner and Owner's staff, at Owner's place of business, and shall furnish resumes of prospective personnel. At the time of execution of this Agreement, the individuals listed in Exhibit "A" have been approved by Owner. Subsequent personnel assignments shall be added to Exhibit "A ", upon approval in accordance with this paragraph 9.3. Individuals listed in Exhibit "A ", shall not be changed unless: (a) Owner exercises its rights set forth in paragraph 9.4, (b) Owner gives prior written authorization for such change, or (c) any such individual ceases to be employed or retained by Program Manager or any parent, affiliate, subsidiary, or joint venture partner thereof, in which case immediate written notice of same shall be given to Owner. 9.4 Removal Of Personnel And Subcontractors. If at any time during the course of the Project, Owner reasonably determines that the performance or conduct of any member of Program Manager's staff or any of Program Manager's Subcontractors or consultants working on the Project is unsatisfactory, Owner's Representative may require Program Manager to remove such staff member or terminate such Subcontractor or consultant from the Project immediately and replace the staff member or Subcontractor or consultant, subject to approval in accordance with paragraph 9.3, at no cost or penalty to Owner for delays or inefficiencies the change may cause. 9.5 Employment Taxes. Program Manager shall be responsible for payment of all unemployment compensation, social security, and other similar taxes and benefits covering its employees. ARTICLE 10 PROJECT DOCUMENTS 10.1 Use And Ownership. All Preliminary Designs, Designs for Construction, schedules and schedule updates, Construction Contracts, including, but not limited to, drawings, plans, specifications, and other documents or things pertaining to the Project are the sole property of Owner. Such drawings, specifications and other documents and things shall not be used by Program Manager for any purpose other than the design and construction of the Project unless Owner shall first agree otherwise in writing. Program Manager shall indemnify and save Owner harmless from any and all liabilities, costs, claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of, or resulting from, any unauthorized use of said documents and things by Program Manager. 10.2 Availability Of Project Records To Owner. All records, documents and things relating to the Project which are in the possession of Program Manager, including without limitation Program Manager's books and records relating to the Project, shall be made available to Owner, its designee, and any governmental authority for auditing, inspection and copying upon written request made by Owner. Such records also include, without limitation, all drawings, plans, specifications, Construction Contracts, Submittals, daily logs and dairies, correspondence, minutes and notes of meetings, memoranda, audio or video tape recordings, computer -based files and storage instruments, and other writings or things which document the Project, its design, and its construction for a period of sixty (60) calendar days after Substantial Completion of each project.. 10.3 Maintenance Of Project Records. Program Manager shall maintain and protect all Project - related documents, records and things for not less than one (1) year after Final Completion of the Project. Program Manager shall give Owner thirty (30) days written notice prior to disposal or destruction of any such documents, records and things. INDEMNITY Program Manager shall indemnify and hold harmless Owner from and against all liability, claims, losses, damages, costs and expense of any nature or kind, including attorneys' fees and all litigation - related expenses, sustained or incurred by Owner to the extent arising out of and attributable to the negligence or wrongful Services, or breach of this Agreement by Program Manager, or negligent acts and omissions of Program Manager, its Subcontractors, employees, agents, and consultants. This duty to indemnify Owner shall extend to, but not be limited to, claims for bodily injury (including death), for damage to or loss of property, and for environmental damage and liabilities, incurred or sustained by Owner or any third person to the extent resulting from and attributable to any breach of contract, negligent or wrongful acts or omissions of Program Manager, its employees, Subcontractors, agents, and consultants. ARTICLE 12 INSURANCE 12.1 Coverage Required. Program Manager shall, throughout the duration of this Agreement, and for a period of one (1) year after final completion of each Project, maintain the following insurance, written by insurers acceptable to Owner and in a form acceptable for Owner: 12.1.1 Workers' Compensation to statutory limits. 12.1.2 Employers Liability - One Million dollars ($1,000,000) per occurrence. 12.1.3 Comprehensive General Liability, with combined limit for bodily injury, sickness or disease, death, and property damage of not less than One Million dollars 1,000,000) per occurrence. 12.1.4 Automobile Liability covering all owned, non -owned or hired vehicles, with combined single limit of One Million dollars ($1,000,000) per occurrence. 12.1.5 Excess /Umbrella Liability in excess of items 12.1.2, 12.1.3, and 12.1.4, above, in the amount of Five Million dollars ($5,000,000) per occurrence. 12.1.6 Professional Errors and Omissions insurance, with a limit of one Million Dollars ($1,000,000.00). 12.2 Owner As Additional Insured. Owner shall be included as an additional insured on the coverages specified in subparagraphs 12.1.3, 12.1.4 and 12.1.5, and shall be indicated as such on certificates of insurance required herein. 12.3 Certificates Of Insurance /Cancellation Notice. Not later than ten (10) days after execution of this Agreement, Program Manager shall furnish to Owner original signed certificates of insurance showing that the insurance required by this Article 12 is in force. Such certificates shall provide for thirty (30) days written notice to Owner prior to cancellation or material change in any insurance coverage or policy. 12.4 Subcontractor /Consultant Coverage. Unless expressly waived by Owner in writing, Program Manager shall permit no Subcontractor or consultant retained by Program Manager to enter upon any Project site or perform any Services unless such Subcontractor or consultant is and remains insured in accordance with the requirements of paragraphs 12.1, 12.2 and 12.3. Program Manager shall indemnify Owner for any loss or damage suffered by Owner as a result of the failure of any of Program Manager's Subcontractors or consultants to be so insured. SUSPENSION 13.1 Owner's Right To Suspend. Owner may for any reason whatsoever suspend, in whole or in part, the Project, performance of any Work, and performance of Program Manager's Services under this Agreement or an applicable Project Order. Owner shall give written notice of such suspension to Program Manager specifying when such suspension is to become effective and the scope thereof. 13.2 Ceasing Performance Upon Suspension. From and upon the effective date of any suspension ordered by Owner, Program Manager shall incur no further expense or obligations in connection with the suspended portion of the Project or the Services, and Program Manager shall cease performing Services under the applicable Project Order as directed by Owner. Program Manager shall also promptly suspend any of its open or outstanding contracts, subcontracts, or purchase orders related to the suspended portion of the Project or the Services. 13.3 Resumption Of Work After Suspension. If Owner lifts the suspension it shall do so in writing, and Program Manager shall resume performance of the Services required by this Agreement and an applicable Project Order unless, prior to receiving the notice to resume the Services, Program Manager has exercised its right of termination as provided in Paragraph 14.8 herein. 13.4 Claim For Costs Of Suspension. Within forty -five (45) days after either the resumption of the suspended portion of the Project or Services or termination by Program Manager pursuant to paragraph 14.8, Program Manager shall submit an itemization of expense and time expended as a result of the suspension, together with costs, pricing or other data required by Owner. Program Manager's failure to provide such itemized information within such forty -five (45) day time period shall constitute a waiver of any claim to compensation relating to the suspension of Program Manager's work under this Agreement and an applicable Project Order. Owner shall promptly review Program Manager's itemization and shall issue a Change Order providing for payment to Program Manager of such amounts as may be due on account of the suspension, which amounts shall be limited to direct costs resulting from the suspension, and shall not include lost profits or other consequential damages related to or resulting from the suspension. TERMINATION 14.1 Termination For Convenience. Owner may for any reason whatsoever terminate, in whole or in part, one or more Projects, this Agreement, or Program Manager's employment under this Agreement, for Owner's convenience. Owner shall give written notice of such termination to Program Manager specifying when termination becomes effective and the scope of the termination. 14.2 Ceasing Performance Upon Termination. Program Manager shall incur no further obligations in connection with the terminated portion of a Project or this Agreement and Program Manager shall cease performance of Services when and to the extent such termination becomes effective. In the event of termination under this paragraph, Program Manager shall promptly terminate outstanding contracts, subcontracts, and purchase orders related to the terminated portion of a Project, Program Manager's employment or this Agreement unless directed to do otherwise by Owner. Owner may direct Program Manager to assign Program Manager's right, title and interest under open or terminated contracts, purchase orders, or subcontracts to Owner or its designee. Unless directed otherwise by Owner, Program Manager shall settle the liabilities and claims arising out of the termination of the contracts, subcontracts, and purchase orders. 14.3 Submission Of Termination Claim. In the event of termination for convenience, Program Manager shall, within ninety (90) days of such termination, submit a written termination claim to Owner specifying the amounts due because of the termination together with cost, pricing, and other supporting documentation or data required by Owner. Program Manager's failure to file a termination claim within such ninety (90) day period shall constitute a waiver of any claim to compensation relating to the termination. If a proper termination claim is submitted, then Owner shall pay Program Manager an amount derived in accordance with paragraph 14.4 herein. 14.4 Compensation For Termination For Convenience. As full compensation to Program Manager for any termination for convenience, Owner shall pay Program Manager the following amounts: a) The value, based upon the provisions of Article 7 hereinabove, of Services performed and accepted under this Agreement; b) Reasonable costs (i) incurred prior to termination in preparing to perform and in performing the terminated portion of this Agreement, and (ii) incurred in terminating Program Manager's performance; and c) Reasonable costs of settling and paying claims arising out of the termination of contracts, subcontracts, and purchase orders pursuant to this Article 14. The total sum to be paid under this paragraph 14.4, as properly adjusted and as reduced by the amount of payments otherwise made, shall in no event include duplication of payment. 14.5 Termination For Cause. If Program Manager refuses or fails to perform its Services and responsibilities under this Agreement in a timely manner, supply enough properly skilled personnel, make prompt payment to its Subcontractors or consultants, or comply with Applicable Laws, or if Program Manager is otherwise guilty of a material breach of this Agreement or any representations or warranty made herein, then Owner may, by written notice to Program Manager, and without prejudice to any other right or remedy, terminate the employment of Program Manager and take possession of all design documents, Construction Contracts, and all other Project - related documents and things in the possession of Program Manager, and finish the Project by whatever methods it deems expedient. 14.6 Erroneous Termination For Cause. In the event the employment of Program Manager is terminated by Owner for cause and it is subsequently determined by a court or other tribunal of competent jurisdiction that such termination was, for any reason, without just or proper cause, then such termination shall thereupon be deemed a Termination for Convenience under paragraph 14.1 and the provisions of paragraph 14.4 regarding compensation shall apply. 14.7 Completion BV Owner And Survival Of Obligations. Following any termination, whether for convenience or for cause and whether in whole or in part, Owner may complete the Project and the Services by whatever means Owner deems most expedient. Program Manager's obligations and all provisions of this Agreement and the applicable Project Order shall continue in full force and effect as to all Services performed prior to the effective date of the termination and as to that portion of the Project and Services not affected by the termination. 14.8 Termination By Program Manager. If one or more Project Orders are suspended for a period of more than thirty (30) consecutive days by governmental authority or by direction or neglect of Owner's Representative, and through no fault of Program Manager, or if Owner fails to pay Program Manager any undisputed amount due on any undisputed invoice within thirty (30) days after receipt of written notification from Program Manager that such payment is overdue, then Program Manager may, upon seven (7) days prior written notice to Owner, terminate its Services on the related Project. ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 Notices. Any notice required to be given herein shall be deemed to have been given to the other party if (a) given by first class mail, registered air express mail, courier service, or hand delivery; or (b) by telex or fax, provided that such notice is also confirmed by first class mail, registered air express mail, courier service, or hand delivery, to the following addresses: To Owner: Clay Phillips City of Coppell 255 Parkway Blvd. Coppell, TX 75019 -9478 To Program Manager Von Gallagher Gallagher Construction Company, LP 3501 Token Dr., Suite 100 Richardson, TX 75082 or other designee with authority: Lisa Gallagher Ellrich All notices shall be effective upon receipt. 15.2 Successors And Assigns. Program Manager shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without Owner's prior written consent. Owner shall have the right to assign its rights under this Agreement. Subject to the provisions of the immediately preceding sentence, Owner and Program Manager, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to all terms and conditions of this Agreement. 15.3 No Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with, or any rights in favor of, anythird party, including, without limitation, any Project Architect, Contractor, supplier, subcontractor or consultant. 15.4 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or other competent tribunal or rendered invalid by any legislative or regulatory enactment, the remaining provisions of this Agreement shall remain in full force and effect, and such holding or enactment shall not invalidate or render unenforceable any other provision hereof. 15.5 Headings. The headings used in this Agreement are merely for convenience and have no other force or effect. 15.6 Exhibits. All exhibits annexed hereto are incorporated by reference and made a part of this Agreement. 15.7 "Including'. The terms "including ", "includes ", and their derivatives are not intended as terms of limitation, and shall be deemed in each instance to be followed by the phrase "without limitation. " 15.8 Governing Law. This Agreement shall be governed by the laws of the State of Texas, without regard to principles of conflict of law. 15.9 Entire Agreement/Amendments In Writing. This Agreement represents the entire agreement between Owner and Program Manager and supersedes all prior communications, negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Program Manager. When construing this Agreement and Project Orders issued hereunder, any conflict in the provisions of this Agreement and Project Orders, the Project Orders shall control and construed to Amend the provisions hereof for such project. 15.10 Hazardous Materials. Program Manager and its consultants will have no responsibility for the discovery, presence, handling, removal or exposure of persons to hazardous materials in any form at any project site. 15.11 Delays Beyond Reasonable Control. Neither Owner nor Program Manager will be responsible for any delays beyond its reasonable control. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below. n EXECUTED this 0 day of , 2014 COPPELL RECREATION DEVELOPMENT CORP. CITY OF COPPELL, TEXAS By: G EG GARCIA, President ATTEST: By: E UIGN0N, cretary EXECUTED this 2-0, day of 1(r _ 2014. CITY OF COPPELL, TEXAS By: 4r:K CL PHILLIPS, City Manager ATTE i By: d r HR STEL P INOS, City Settretary APPROV D TO FORM By: ROBERT HAGER, City ttorney EXECUTED this 441"— dayof _,2014. GALLAGHT CONST 1CTION CO NY, LP By- Von Gallagh r, Pr sident SCHEDULE OF EXHIBITS TO MASTER AGREEMENT FOR PROGRAM MANAGEMENT SERVICES EXHIBIT "A" Schedule of Compensation EXHIBIT "B" Partial Waiver and Release of Claim Rights EXHIBIT "C" Final Waiver and Release of Claim Rights EXHIBIT "A" SCHEDULE OF COMPENSATION The Program Manager shall be compensated by the Owner, as to each Project assigned to the Program Manager by a Project Order unless the duration of the Project is extended through no fault of the Program Manager in which event the duration of such compensation shall be increased or accordingly. Services provided shall be compensated on a monthly basis. Generally, Services on a monthly basis will be required on a Project through Final Completion of the Project. Fee Structure Andy Brown Park Budget - $16,500,000 Design Phase — 12 months Bid Phase — 2 months Construction Phase — 16 months Library Budget - $5,500,000 Design Phase — 10 months Bid Phase — 2 months Construction Phase — 10 months Life Safety Park Budget - $5,500,000 Design Phase — 10 months Bid Phase — 2 months Construction Phase — 10 months Also, refer to Exhibit "A -1" attached Gallagher Construction Services will attempt in every way to ensure these projects are completed on or ahead of schedule. However, if the timeframes are extended, through no fault of Gallagher, the fees may be increased. Program Management Fee for Andy Brown Park, Library, and Life Safety Park is Nine Hundred Ninety Two Thousand Dollars ($992,000.00). The fee is based on all three projects listed above being a part of this contract. If a project is deleted, the fee will be adjusted as a whole. Additional projects can be added to this Program Management Agreement, at any time, by the City of Coppell under these Terms and Conditions. Pricing structure will be negotiated on an as each Project basis. Personnel: Von Gallagher Principal in Charge Lance Aaron Estimator/ Project Manager Jeff Fisher Pre - Construction Project Manager Nathan Watson Construction Project Manager Al Duffey Construction Observation/ Quality Control Mike Spoerl Mechanical Observation/ Quality Control STV Design Evaluation and Review: STV 34 Reimbursable Expenses The Owner shall provide office space, office telephones, furniture, office supplies, and file cabinets for the Program Manager, if mutually agreed upon by Owner and Program Manager. All other costs of the Program Manager's office shall be borne by the Program Manager and are included in the Fee Structure set forth above. The Program Manager shall be reimbursed at cost and without mark -up for reasonable out of town travel expenses if requested in advance by the Owner. The cost of printing, for drawings, specifications, and bid packages shall be paid by the Owner. Normal expenses incurred by the Program Manager in the course of work on the Project(s) shall be reimbursed to the Program Manager. These would include but not limited to the following: photography, long distance telephone, and courier and overnight deliveries. 35 EXAMPLE - EXHIBIT "B" PARTIAL WAIVER AND RELEASE OF CLAIM RIGHTS The undersigned does herebyforever release, waive and discharge any and all claim rights and claims, and any and all equitable rights and claims for all labor, subcontract work, equipment, materials and services supplied to City of Coppell through the date indicated below, excepting only those claims for which City of Coppell has received, prior to the date indicated below, written notice furnished in strict compliance with paragraph 6.8 of Article 6 of the Master Agreement for Project Management Services Between City of Coppell and dated This RELEASE and WAIVER shall inure to the benefit of, and may be relied upon by, City of Coppell. The undersigned further warrants that all persons employed by the undersigned and all persons supplying materials or renting equipment, or both, to the undersigned have been paid in full. r DATED: Jr-I ZOI (e FIRM: CZsPD-o_k BY: M TITLE: STATE OF C COUNTY OF ASS Subscribed to and sworn before me this, y of 20J4. a CITotary PublicCHRISTEL8PETTINOS My Commission Expires May 10, 2015 36 EXAMPLE - EXHIBIT "C" FINAL WAIVER AND RELEASE OF CLAIM RIGHTS The undersigned does herebyforever release, waive and discharge any and all claim rights and claims, and any and all equitable rights and claims for all labor, subcontract work, equipment, materials and services supplied to City of Coppell. This RELEASE and WAIVER shall inure to the benefit of, and may be relied upon by, City of Coppell. The undersigned further warrants that all persons employed by the undersigned and all persons supplying materials or renting equipment, or both, to the undersigned have been paid in full. DATED: STATE OF _ COUNTY OF I1=0 81 TITLE: Subscribed to and sworn before me this day of Notary Public 37 GALLAGHER EST 1968 Exhibit A -1 City of Coppell Fee Structure Program Management 2014 -2016 Library, Life Safety Park and Andy Brown Park continued below 4/29/2014 2014 2015 Project Fee Jun -14 Jul -14 Aug -14 Sep -14 Oct -14 Nov -14 Dec -14 Jan -15 Feb -1S Mar -15 Apr -15 May -15 Jun -15 Library 168,640 3,748 3,748 3,748 3,748 3,748 3,748 3,748 3,748 3,748 9,636 9,640 9,640 9,640 Life Safety Park 128,960 2,579 2,579 2,579 2,579 2,579 2,579 2,579 2,579 2,579 2,579 8,597 8,597 8,597 Andy Brown Park 694,400 10,683 10,683 10,683 10,683 10,683 10,683 10,683 10,683 10,683 10,683 10,683 10,683 10,683 continued below 4/29/2014 Design (20 %) Construction (80 %) 2015 2016 Total Project Fee Jul -15 Aug -15 Sep -15 Oct -15 Nov -15 Dec -15 Jan -16 Feb -16 Mar -16 Apr -16 May 16 Jun -16 Jul -16 Aug 16 Sep 16 Oct 16 Fee Library 168,640 9,636 9,636 9,636 9,636 9,636 9,636 9,636 9,636 9,636 9,628 168,640 Life Safety Park 128,960 8,597 8,597 8,597 8,597 8,597 8,597 8,597 8,597 8,603 128,960 Andy Brown Park 694,400 34,720 34,720 34,720 34,720 34,720 34,720 It 34,720 34,720 34,720 34,720 34,720 34,720 34,720 34,720 34,720 34,721 694,400 Design (20 %) Construction (80 %) CERTIFICATEOFLIABILITYINSURANCE DATE(MM/DD/YYYY) 9/11/2014 THISCERTIFICATE ISISSUEDASAMATTER OFINFORMATION ONLY ANDCONFERS NORIGHTS UPON THECERTIFICATEHOLDER.THIS CERTIFICATEDOES NOTAFFIRMATIVELY ORNEGATIVELY AMEND, EXTENDORALTER THECOVERAGEAFFORDEDBYTHEPOLICIES BELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER. IMPORTANT: Ifthecertificateholder isanADDITIONAL INSURED, thepolicy(ies) mustbeendorsed. IfSUBROGATIONISWAIVED, subjectto theterms andconditions ofthe policy, certainpolicies mayrequire anendorsement. Astatementonthiscertificate doesnot conferrights tothe certificateholder inlieuofsuchendorsement(s). CONTACTPRODUCER Serena BransonNAME: MHBT Inc. FAXPHONE972-770-7176 A/C,No): A/C,No, Ext): 8144 WalnutHillLane, 16th Fl E-MAIL Serena_Branson@mhbt.comDallasTX75231ADDRESS: INSURER(S)AFFORDING COVERAGENAIC # Amerisure Mutual Insurance Company23396INSURERA : INSURED GALLACONSt. Paul Fire & Marine Insurance Co24767INSURERB : Gallagher Construction Company, L.P. Indian Harbor Ins. Co36940INSURERC : 3501 TokenDrive, Suite 100 AmerisureInsurance Company19488INSURERD : Richardson TX75082 INSURER E: INSURERF : COVERAGESCERTIFICATENUMBER:REVISIONNUMBER: 1489637247 THISISTOCERTIFYTHATTHEPOLICIESOF INSURANCELISTEDBELOWHAVEBEENISSUEDTO THEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED. NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANY CONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN, THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBED HEREINISSUBJECTTOALLTHETERMS, EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS. ADDLSUBRINSRPOLICYEFFPOLICY EXPTYPEOFINSURANCELIMITSPOLICYNUMBERLTR(MM/DD/YYYY)(MM/DD/YYYY) INSRWVD ACPP2038102086/30/20146/30/2015GENERALLIABILITY 1,000,000EACHOCCURRENCE$ DAMAGE TORENTEDX 300,000COMMERCIALGENERALLIABILITYPREMISES (Eaoccurrence) X 10,000MEDEXP (Anyoneperson)$ CLAIMS-MADEOCCUR 1,000,000PERSONAL & ADVINJURY$ 2,000,000GENERALAGGREGATE$ 2,000,000PRODUCTS - COMP/OPAGG$ GEN'LAGGREGATE LIMITAPPLIES PER: PRO- XPOLICYLOCJECT COMBINEDSINGLE LIMITD6/30/20146/30/2015AUTOMOBILELIABILITYCA20381010901 1,000,000Eaaccident) X BODILYINJURY (Perperson)$ ANYAUTO ALLOWNEDSCHEDULED BODILY INJURY (Peraccident)$ AUTOSAUTOS NON-OWNED PROPERTYDAMAGEXXHIREDAUTOSPeraccident) AUTOS BXXZUP10T6102813NF6/30/20146/30/2015UMBRELLALIAB 15,000,000EACHOCCURRENCE$ OCCUR EXCESSLIAB 15,000,000CLAIMS-MADEAGGREGATE$ X 10,000 DEDRETENTION$ WCSTATU-OTH- WORKERS COMPENSATIONAWC20381046/30/20146/30/2015X TORY LIMITSERANDEMPLOYERS' LIABILITY Y / N 1,000,000ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N N / AOFFICER/MEMBER EXCLUDED? MandatoryinNH)1,000,000E.L. DISEASE - EA EMPLOYEE$ Ifyes, describe under 1,000,000E.L. DISEASE - POLICY LIMIT$ DESCRIPTIONOFOPERATIONS below C Professional & PollutionPEC0013075116/30/20146/30/2015ProfessionalLiab:$5,000,000 LiabilityPollutionLiab:$5,000,000 IncludesMold DESCRIPTION OFOPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional RemarksSchedule, ifmorespaceisrequired) AdditionalInsuredform #CG7085edition12/11appliestotheGeneral Liabilitypolicy. Waiverof Subrogation form #CG7063edition07/12applies totheGeneral Liability policy. Primary & Non-Contributory GeneralLiability form #CG7085 edition12/11. AdditionalInsuredform #CA7165 edition10/07applies totheAutomobileLiabilitypolicy. Waiverof subrogation form #CA7118 edition11/09applies totheAutomobile Liabilitypolicy. SeeAttached... CERTIFICATE HOLDERCANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF, NOTICEWILLBEDELIVEREDIN CityofCoppell ACCORDANCEWITHTHEPOLICYPROVISIONS. 255Parkway Blvd Coppell TX 75019 AUTHORIZEDREPRESENTATIVE 1988-2010ACORDCORPORATION. Allrightsreserved. ACORD25 (2010/05)TheACORD name andlogoare registeredmarksofACORD GALLACONAGENCYCUSTOMERID: LOC #: ADDITIONALREMARKSSCHEDULE Page of11 AGENCYNAMED INSURED Gallagher Construction Company, L.P. MHBT Inc. 3501TokenDrive, Suite100 POLICY NUMBER RichardsonTX75082 CARRIERNAIC CODE EFFECTIVE DATE: ADDITIONALREMARKS THISADDITIONAL REMARKS FORM ISASCHEDULETOACORDFORM, 25CERTIFICATE OFLIABILITY INSURANCEFORMNUMBER:FORMTITLE: Waiver ofsubrogation form #WC420304A edition01/00applies totheWorkersCompensation policy. Additional Insured form #PCPocCPedition05/09appliestothePollution coverage. WaiverofSubrogation form #PCPocCPedition05/09appliestotheProfessional & Pollutioncoverage. NoticeofCancellationform #IL0275edition09/07appliestotheGeneral Liabilitypolicy. NoticeofCancellationform #IL0275edition09/07applies totheAutomobileLiability policy. NoticeofCancellationform #IL0275edition09/07appliestotheWorkers Compensation policy. TheGeneralLiabilitypolicyincludesablanketadditional insuredendorsement tothecertificateholderonly whenthere isawrittencontract between thenamedinsured andthecertificateholderthatrequires suchstatus. TheGeneral Liabilitypolicycontainsanendorsement with “Primary andNonContributory” wordingthat mayapply onlywhenthereisawritten contract between thenamedinsured andthecertificateholderthatrequiressuchwording. TheGeneral Liabilitypolicycontains ablanketwaiverofsubrogation endorsement thatmay applyonlywhenthereisawrittencontract between thenamedinsured andthecertificate holder thatrequires suchwording. TheAutomobile Liabilitypolicy contains language that provides additional insuredstatus tothe certificateholder onlywhenthereisawritten contract between thenamedinsuredand thecertificate holder thatrequiressuchstatus. TheAutomobile liability policyincludes waiverofsubrogation wording thatmay apply onlywhen thereisawrittencontract between thenamed insured andthecertificateholderthatrequires suchwording. TheWorker’sCompensation policyincludesawaiver ofsubrogationendorsement thatmay applyonlywhenthere isawrittencontract between thenamedinsured andthecertificate holder thatrequires suchwording. ThePollution Liabilitypolicyincludes blanket additional insuredandblanket waiverofsubrogationstatus tothe certificateholder onlywhen thereisawritten contract betweenthenamedinsuredandthe certificate holderthatrequiressuchstatus. TheProfessional Liabilitypolicyincludes blanketwaiver ofsubrogationstatustothecertificateholder only whenthere isa writtencontract between thenamedinsured andthecertificateholderthatrequires suchstatus. TheGeneralLiability, AutomobileLiability & Worker’sCompensation policiesinclude ablanket noticeofcancellation tothecertificate holder endorsement, providingfor60days’ advance writtennoticeifthepolicyiscanceled bythecompany, or10days’ writtennoticebefore the policyiscanceledfornonpayment ofpremium. Noticeissenttocertificateholderswithmailing addresses onfilewiththeagentorthe company. Theendorsement doesnotprovidefor noticeofcancellation tothecertificateholderifthenamed insuredrequestscancellation. Re: AndyBrownPark, Cozby Library & Life SafetyPark ACORD101 (2008/01)© 2008ACORDCORPORATION. Allrightsreserved. The ACORDname andlogoareregisteredmarksofACORD Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3443 File ID: Type: Status: 2017-3443 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 06/26/2017File Created: Final Action: Award Traffic ControllersFile Name: Title: Consider approval of the purchase of traffic signal controllers and central software from Texas Highway Products, LTD; in the amount of $241,040.00; as budgeted in Infrastructure Maintenance Funds; utilizing Buyboard Cooperative Purchasing Contract No. 534-17; and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 07/11/2017 Agenda Number: E. Sponsors: Enactment Date: Signal Controller Memo.pdf, Signal Controller Exhibit 1.pdf, Signal Controller Exhibit 2.pdf, BuyBoard Information.pdf, Signal Controller Quote.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 07/11/2017City Council Text of Legislative File 2017-3443 Title Consider approval of the purchase of traffic signal controllers and central software from Texas Highway Products, LTD; in the amount of $241,040.00; as budgeted in Infrastructure Maintenance Funds; utilizing Buyboard Cooperative Purchasing Contract No. 534-17; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: Funds have been budgeted in the Infrastructure Maintenance Fund for this purchase. (11-03-43-3230) Page 1City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3443) Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 7/7/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: July 11, 2017 Reference: Purchase of signal controllers, central system and related equipment 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Replacement of all signal controllers and the central operating system was approved in the FY 2016-17 IMF budget.  The current signal controllers and central system are based on old technology with analog menu-driven input, outdated database management philosophy, and inconsistent with the city’s philosophy of utilizing current technology to improve efficiency and effectiveness.  Staff has evaluated various signal systems and the selected system best meets the city’s functional and end-user requirements.  Staff is currently working with an engineering firm to develop new signal timing along Denton Tap between Natches Trace and Sandy Lake, which is planned for implementation by the end of Summer.  Signal timing changes are planned for additional signals over the next 12-18 months.  This item was discussed with Council at the June 13, 2017 Work Session Introduction: This item is to consider approval of the purchase of 40 signal controllers, central control system, training, installation support, and malfunction management units, from Texas Highway Products, LTD, for a total cost of $241,040.00. The purchase will be through a quote reflecting BuyBoard Cooperative Purchasing prices. Staff anticipates implementation of the new controllers and central system during the first quarter of 2018. 2 Analysis: The current signal system, depicted on the attached Signal Controller Exhibit 1, includes a mix of signal controllers, control systems, and cabinets. This mixture results in inefficiencies in the operation and maintenance of the system, and increases the likelihood of human error when implementing changes to signal operation. Further, the current central system is no longer supported and is client-based software. The architecture of the existing system was developed decades ago and requires manual database management. The selected signal system and NEMA X3 Controllers utilize state-of-the art technology that is web-based, leverages graphics and interfaces that are familiar to the user (e.g. Bing Maps, Outlook-style scheduler, etc.), with database management integrated into the system. The proposed system will function in any of the signal cabinets that exist in the city today. Vendor support of the system will include on-site installation and integration as well as electronic file transfer for troubleshooting and technical assistance. This proposed purchase is through BuyBoard Purchasing Cooperative. This procurement method has proven to be cost-effective and efficient when purchasing traffic signal equipment. The quote is attached and reflects the total cost of $241,040.00. Legal Review: This item did not require legal review. Fiscal Impact: The fiscal impact of approval of this purchase will be $241,040.00, as budgeted in the Infrastructure Maintenance Fund. Recommendation: Staff recommends approval of the purchase of traffic signal controllers and central software from Texas Highway Products, Inc, in the amount of $241.040.00, as budgeted, utilizing BuyBoard Cooperative Purchasing Contract No. 534-17; and authorizing the City Manager to sign any necessary documents. FREEPORTESTERNVDE BE LINESBELT LINERDCreated in ArcGIS10.3W:\GIS\Projects\Exhibit Location Maps\S Belt Line Rd Reconstruction Zoom±0 800 1,600Feet1 inch = 1,500feetSignal SystemCity Limits Revised 08/2015 NEMA TS-2 Type 1 & 2 Traffic Signal Controller Advanced Transportation Controller (ATC) NEMA CONTROLLER X3 Four-Port Ethernet Switch w/2 Subnets Three-Port USB Hub 16 Line x 40 Character LCD OR 7” Color Touch Screen with Android Operating System (X3c) ATC / 2070 Standard Module Expansion Bay NEMA TS-2, Type 2 (TS-1) ‘A,B,C’ Mil. Spec. Connectors ‘D’ Connector TEES 2009 Compliant (X3 Typ 2) Weather Resistant Tactile Keypad NEMA TS-2, Type 1 SDLC Port OVERVIEW HIGHLIGHTS The X-3 Controller is part of Intelight’s award winning “X-Series” NEMA Controller Line. The X-3 meets and exceeds the current ATC, NEMA, and NTCIP standards providing agencies with a robust, industry leading, true open architecture hardware platform. The X-3 can help agencies organize and improve operations and reduce the amount of equipment in the signal cabinet. Use the X-3 to manage Ethernet traffic, monitor CCTV or Detection camera video, enter cabinet and maintenance logs directly into the controller (syncs with Central), and integrate with other products via android applications, all while running traffic signal operations. Contact Intelight today to see how the X-3 Controller can help update your signal operations system to 21st century technology. •Compliant with NEMA TS-2 and ATC 5.2b and 6.2 (latest draft) Standards •Linux Operating System •Optional Color Touch Screen with Android O/S (X3c) •Two Independent 10/100 Mbit Network Cards •TS-1 and/or TS-2 Operation (Requires Type 2) •Supports Serial and/or Ethernet Communications •2070 Hardware Expansion Bay for Device Integration •MaxTime Local Controller Software •40 Phases, 16 Rings, 32 Overlaps, 16 Preempts •Monitor and configure timings wirelessly from a laptop, tablet, or smart-phone without database editor or 3rd party software •Built-In Master/Closed Loop Functionality •Peer to Peer communications •Locally Adaptive Transit Prioritor Linux Operating System with 64 MB SDRAM | 64 MB Flash Memory and MPC 8248 32-bit Processor (750 MIPs) Modular CPU w/Four-Port Ethernet Switch, USB Port, Data Key, and Serial Port All information and specifications are subject to change without notice. Registered names and trademarks are owned by their respective owners. Intelight, Inc. • 3450 S. Broadmont Dr. • Suite 126 • Tucson, AZ 85713 • Phone: 520.795.8808 • info@intlelight -its.com Distributed by: NEMA CONTROLLER | X-3 MODERN PLATFORM •Supported Standard Specifications: •ATC v5.2b and 6.2 (latest draft) •API (FIO & FP Interface) •NEMA TS2 with NTCIP (Type 1 & Type 2) •NTCIP – 1202 ASC, 1201, and Base Stds. •Open Architecture •Linux Operating System •Optional Google Android™ O/S (Front Panel) •Faster processing and more controller memory •Motorola PowerPC 8248 32-bit (750 MIPS at 400 MHz) Processor •(64MB Flash / 64MB DRAM) •Two Independent Network Cards •Four 10/100 Mbit Ethernet Ports •Three-Port USB Hub + CPU mounted USB •Six Config. Serial Ports (5 are SDLC Capable) •ATC/2070 Comm./Modem Slot •Optional 2070-6A/B, 2070-7A/B Modules •Optional 2070-7T w/GPS Time Clock Module •On-Board Video Support via Android App. •Remote display of IP-based video streams •Quad View or Sequence Video Streams •Built with current, industry standard technology •Compliant with NEMA Environmental Requirements •Temp Range: -40°C to +80°C •TS-2 Type 1 Size: 8.5”H x 8.5”D x 14 ¾”L •TS-2 Type 2 Size: 10 3/8”H x 8.5”D x 14 ¾”L •Two-port 10/100 Mbit Ethernet ports •Variable Power Supply (95-250 VAC 50/60 Hz auto sensing) ROBUST HARDWARE •On Board Web-Server - Monitor and manage traffic signal without the need for additional software •Optional Front Panel Color Video Screen (X3c) •Configure and Monitor Signal in Rich UI •7” Touch Screen, 640 x 480 Res. •Supports Android Applications •Eight Programmable “Special Function Key Sequences” provide shortcuts to software menus •USB Support •Install traffic signal software from flash drive •Transfer timing databases via flash drive •Configure and monitor timings via Wi-Fi adapter from computer, tablet, ,or smart phone without additional software or database editor •Live Software Update •Schedule Software Updates •Download Update Package Remotely •Perform Firmware AND Operating System Updates without Placing Controller in Flash FEATURES & USABILITY Sample MaxTime Status Display as Viewed from Front Panel, Tablet or Smart-Phone (No App Required) * Indicates Extended/Optional Feature Android Front Panel: MaxTime Main Menu Head OfficeHead Office 179 Bartley Dr. Unit B Toronto, ON M4A 1E6 Phone 416 750-4646 Toll Free 877 750-4646 Fax 416 750-4649 info@tacel.cawww.tacel.ca Head OfficeHead Office 179 Bartley Dr. Unit B Toronto, ON M4A 1E6 Phone 416 750-4646 Toll Free 877 750-4646 Fax 416 750-4649 info@tacel.cawww.tacel.ca About Us > Member FAQ Member FAQ What is The Local Government Purchasing Cooperative? The Local Government Purchasing Cooperative is an administrative agency created in accordance with Section 791.001 of the Texas Government Code. Its purpose is to obtain the benefits and efficiencies that can accrue to members of a cooperative, to comply with state bidding requirements, and to identify qualified vendors of commodities, goods, and services. The Cooperative also relieves the burdens of governmental purchasing by effectively using current technology and realizing economies of scale. How is the Cooperative administered and governed? The Texas Association of School Boards (TASB) administers and handles the day-to-day activities of the Cooperative. The Cooperative is endorsed by the Texas Municipal League (TML), the Texas Association of Counties (TAC), and the Texas Association of School Administrators (TASA), and is a Strategic Partner of the Texas Association of School Business Officials (TASBO). The Cooperative is governed by an eleven-member board of trustees. Four trustees are elected officials or employees of school districts, two are elected officials or employees of municipalities, one is an elected official or employee of a county, and four are at-large positions from any type of participating governmental entity. Who can participate and what does it cost? BuyBoard membership is free and open to all local governments, nonprofits, and other political subdivisions of the state of Texas. The following entities must be active, associate, or affiliate members of the Texas Association of School Boards (TASB) in order to participate in the BuyBoard:  Texas school districts including open enrollment and college/university charter schools  Educational cooperatives  Community colleges  Central appraisal districts While not eleigible for cooperative membership, TASB offers nonprofit, tax exempt entities use of the BuyBoard through a nonprofit subscriber agreement. Revenue to operate the system and the Cooperative comes primarily from a service fee payable by participating vendors. The only exceptions to this are for vehicles. The Cooperative charges a flat amount per purchase order, regardless of the number of vehicles on the purchase order, as a service fee for the purchase of vehicles. This service fee is payable by the member entity but is collected by the vehicle dealer as part of the overall vehicle price. The flat amount per purchase order is as follows: vehicles and trucks - $400; ambulances and school buses - $800; fire apparatus - $1,500. Some of the revenue paid by vendors is shared with the Cooperative's marketing partners and co- sponsors. Excess revenue over and above expenses may be rebated back to the governmental membership only at the discretion of the Cooperative's Board of Trustees. How does the Cooperative work and how do I order products? The Cooperative analyzes and makes award recommendations for products and services that have been submitted through a competitive proposal invitation process. All awarded items or catalogs will be posted on a secure website, called the BuyBoard, so that Cooperative members can search for and select items. The BuyBoard is only available to members. Each user has a security role, defined by the entity, that allows them to shop and/or transmit a purchase order to the vendor. Individuals can be assigned multiple roles or a single role, such as a shopper only. Only those individuals with the authority to release a purchase order to a vendor will have the ability to do so. The other option is to simply fax or e-mail your purchase order to the BuyBoard for input. Purchase orders are electronically transmitted to the vendor based on the profile selected by the vendor. All purchase order history is tracked by the BuyBoard and is accessible at any time. How does the request for quote (RFQ) option work? An automated request for quote (RFQ) function allows members who buy in volume to create a request for a selected item and select the vendors from whom they want to solicit a price quote. When the RFQ closes and vendors have responded, the system automatically tabulates the results. For any large-volume purchases, the RFQ process allows for additional price concessions from awarded Cooperative vendors without members going through the formal competitive procurement process themselves. How does my entity join the Cooperative? For governmental entities, membership is as easy as completing and returning the interlocal agreement and having your governing board adopt the board resolution included with the interlocal. Nonprofit entities are not eligible for Cooperative membership but may use the BuyBoard by completing the Nonprofit Subscriber Agreement. Your entity can join the Cooperative at any time. How many individuals from our entity can have access to the Cooperative's BuyBoard? As many as you choose to authorize. There is no limit to the number each entity can authorize. Remember, most employees are considered shoppers, only allowing them to fill their shopping baskets. All employees can be issued passwords to search and shop for products without any compromise to the purchasing process. What type of technical support is available? A toll-free customer support number is available from TASB. Technical support representatives can answer questions regarding the operation of the system. Do we commit our entity to ordering only from the BuyBoard by joining the Cooperative? A variety of products is available at discounts from manufacturers' prices. Members can elect to do all their purchasing from these discounted catalogs or only purchase selected items. After becoming a member, you choose how to participate, product category by product category, item by item. What happens if we have a problem with a supplier? If the Cooperative member cannot resolve the problem directly with the vendor, members are encouraged to let Cooperative staff know. What about my current vendors? We encourage their participation. In fact, by participating, your vendors may have greater business opportunities with a wider variety of local governments. We encourage all vendors to register with the Cooperative to receive notice of proposal invitation opportunities. How do we know we will save money by buying through the Cooperative? The overall objective of the Cooperative is to provide a mechanism for all local governments in Texas to pool their collective purchasing power. Cooperatives save money in two primary fashions: the price of the product purchased and/or in the administrative cost savings from eliminating a formal bid/proposal process. Of course, there are no guaranteed savings, but cooperative buying power is a time-tested method of savings. Can you outline the competitive procurement process used by the Cooperative?  Advertisements are placed in 11 newspapers across Texas for once a week for two weeks.  The proposal invitation and specification document are posted to the website at www.vendor.buyboard.com.  Registered vendors with BuyBoard are notified via e-mail regarding the proposal opportunity.  Electronic vendor proposal responses are received. Vendor responses received after the due date and time are not opened and reviewed.  Proposals are reviewed, tabulated, and analyzed based on the criteria outlined in the proposal terms and conditions, and a scoring matrix is used to rank the criteria.  Recommendations are prepared and presented to the Cooperative Board for consideration of award. How does the Cooperative determine price competitiveness? The Cooperative evaluates vendor proposals on the basis of best value to the Cooperative members. As a general matter, the Cooperative makes competitive and indefinite quantity awards to vendors that give the same or better discounts/pricing than they give their best governmental clients. Each vendor proposal is evaluated on its own merit and is determined to be fair and reasonable. Discount practices may be examined and evaluated based on historical data, sales information, discounts granted to other governmental clients, and other market research techniques. The Cooperative may award to multiple vendors supplying comparable products or services, known as a multiple award schedule, or award to a single vendor. The Cooperative’s decision to make multiple or single awards is based on the type of award that provides the best value to all Cooperative members. Does the Cooperative Board make the final decision regarding awards? Yes, the final decision as to the best overall offer, both in terms of price and suitability of the proposed products or services to meet the needs of and provide the best value to Cooperative members, rests solely with the Cooperative’s Board of Trustees. The Cooperative Board does not delegate authority to award contracts. P.O. Box 400, Austin, Texas 78767-0400 • 800.695.2919 Copyright 1995- 2017 Texas Association of School Boards, Inc. All Rights Reserved. Privacy Policy. Terms & Conditions of Use. Disclaimer Have questions about the BuyBoard.com site? Email us at info@buyboard.com. Texas Highway Products, LTD QUOTE 1309 Clark St., Round Rock, TX 78681 Phone: (512) 255-7633 Fax: (512) 255-7634 www.trafficsignals.com Q-1703920 DATE: 06/27/2017 ACCOUNT: Coppell, City of 816 S. Coppell Road Coppell, TX 75019 PREPARED FOR: George Marshall Email: gmarshall@coppelltx.gov Phone:(972) 304-3562 Fax: PREPARED BY: Donnie Yazdchi Email: Phone: (512) 255-7633 Fax: (512) 255-7634 JOB SHIPPING METHOD SHIPPING TERMS ESTIMATED DELIVERY DATE PAYMENT TERMS COPPELL HARDWARE & SOFTWARE 6/27/17 Best Way FOB Destination Net 30 Page 1 of 2 ITEM #PRODUCT NAME DESCRIPTION QTY UNIT PRICE LINE TOTAL 1 INT-YCT-X3C-2 X3 Color NEMA ATC, TS-2 type 2 (parallel A,B,C,D), 7 40 $3,395.00 $135,800.00 2 INT-YSW-MV-License (20 Intersections) MAX VIEW LICENSE UP TO 20 INTERSECTIONS (COPPELL)2 $18,000.00 $36,000.00 3 INT-YSW-MV-Sys-Int System Integration (Does not include 3rd party license fees, hardware,acceptance testing, Intersection graphics 1 $15,000.00 $15,000.00 4 INT-YSW-MV-Sys- Training MaxView System Training (2) DAYS 1 $8,000.00 $8,000.00 5 EDI-MMU2-16LEip MMU2 Smartmonitor W10/100mbps Ethernet Port 40 $751.00 $30,040.00 6 THP-CONTROLLER INTEGRATION ASSISTANCE Remote assistance (phone/email) Texas Highway gives free phone/email assistance. ii. Field assistance – setup 20 intersections. PER DAY (EXTEND AS NEEDED) 18 $900.00 $16,200.00 Subtotal $241,040.00 Tax $0.00 Shipping ORDER TOTAL $241,040.00 QUOTES ARE VALID FOR 90 DAYS. PLEASE CONTACT US TO VERIFY PRICING IF YOUR QUOTE IS OLDER THAN 90 DAYS. PURCHASER TO VERIFY ALL QUANTITIES PRIOR TO PLACING ORDER. Note: BUYBOARD PROPOSAL NO. 534-17, HIGHWAY SAFETY AND TRAFFIC CONTROL PRODUCTS Texas Highway Products, LTD QUOTE 1309 Clark St., Round Rock, TX 78681 Phone: (512) 255-7633 Fax: (512) 255-7634 www.trafficsignals.com Q-1703920 DATE: 06/27/2017 ACCOUNT: Coppell, City of 816 S. Coppell Road Coppell, TX 75019 PREPARED FOR: George Marshall Email: gmarshall@coppelltx.gov Phone:(972) 304-3562 Fax: PREPARED BY: Donnie Yazdchi Email: Phone: (512) 255-7633 Fax: (512) 255-7634 JOB SHIPPING METHOD SHIPPING TERMS ESTIMATED DELIVERY DATE PAYMENT TERMS COPPELL HARDWARE & SOFTWARE 6/27/17 Best Way FOB Destination Net 30 Page 2 of 2 THANK YOU FOR YOUR BUSINESS! Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3444 File ID: Type: Status: 2017-3444 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 06/26/2017File Created: Final Action: Crack/Seal ContractFile Name: Title: Consider approval to enter into a contract with Scodeller Construction, Inc. for annual crack and joint sealing; in the amount of $100,000.00; as budgeted in Infrastructure Maintenance Funds FY 2017/18; with the option to renew four times annually; and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 07/11/2017 Agenda Number: F. Sponsors: Enactment Date: Crack Seal Award Memo.pdf, Specs for Cracks & Joints.pdf, Crack Seal Bid Tab.pdf, Scodeller Bid.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 07/11/2017City Council Text of Legislative File 2017-3444 Title Consider approval to enter into a contract with Scodeller Construction, Inc. for annual crack and joint sealing; in the amount of $100,000.00; as budgeted in Infrastructure Maintenance Funds FY 2017/18; with the option to renew four times annually; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: Funds have been budgeted in the Infrastructure Maintenance Fund for this contract. (11-03-14-3210) Page 1City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3444) Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 7/7/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: July 11, 2017 Reference: Bid #Q-0617-01 Crack & Joint Sealing 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  To extend the pavement life, crack and joint sealants must be replaced periodically  The low bidder for the project was Scodeller Construction Inc., at an average price of $2.80 per linear foot Introduction: This agenda item is being presented for approval to enter into a contract with Scodeller Construction, Inc., in an amount of $100,000.00 as budgeted in IMF for FY 2017/18, with the option for yearly contract extension limited to four renewals. Analysis: This project will begin after October 1 of the 2017/2018 fiscal year. Sealing will begin on East Sandy Lake Rd at the eastern city limit, progressing west to MacArthur Blvd., completing all westbound lanes. Once this section is complete, the work will progress east to the eastern city limit completing all eastbound lanes. Any remaining funds in this contract or subsequent renewals will be used in other areas of town, including E. Sandy Lake Rd. from Macarthur Blvd. to Denton Tap Rd., N. Coppell Rd. and other major thoroughfares. On June 22, 2017, the City received and opened six sealed bids ranging from a low of $2.80/LF average, to a high of $12.00/LF for this scope. The method of bidding used a unit rate method, where the unit rate for various scopes was averaged. The lowest average cost per linear foot qualified as the lowest overall bid. The lowest bid submitted is the most advantageous bid for the City. The low bid was submitted by Scodeller Construction, Inc. Scodeller Construction, Inc. has relevant experience on working with the City as the crack seal contractor for the last five years. Their previous 2 work history indicates they are capable of completing the project within the budget and the time allowed. The contract before you this evening includes crack and joint sealing work along major thoroughfares. As noted, the major project will be East Sandy Lake between the east city limits and MacArthur Blvd. As in past years, to facilitate this work, street access will be restricted during the work. The restriction will be between the hours of 9 am to 4 pm. Extra care will be taken to work with Universal Academy as the work approaches their site. Legal Review: The City’s standard contract has been reviewed by legal periodically, with changes made as requested. Fiscal Impact: The fiscal impact of this Agenda item is $100,000.00. Recommendation: The Engineering Department recommends approval of this contract with Scodeller Construction, Inc. in the amount of $100,000.00 Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 1 SEAL / RESEAL PAVEMENT CRACKS & JOINTS Specification To extend pavement life, crack and joint sealants must be placed or replaced periodically. Correct sealant application and maintenance minimizes infiltration of surface water and incompressible materials. Manufacturer’s instructions for installation will be followed at all times. MATERIALS All random cracks, transverse / longitudinal saw joints and expansion joints will be sealed with Dow Corning Sealant 890 SL, Tremco Spectrum 900 SL or approved equal designed for sealing concrete pavements. A self- leveling silicone product is recommended for all horizontal surfaces. Sealant will be gray in color. Bidders will be required to submit the silicone brand and blend they intend to use on the job if different than listed above in their bid documents. Appropriate Backer Rod will need to be installed in joints. Zip Stripe / Redwood / Black Board at joints, will need to be pulled / removed, prior to backer rod and sealant installation. Curbs - random cracks in curbs, transverse saw joints and expansion joints in curbs will also be sealed. Cold joints of asphalt pavement to concrete pavement will be sealed with the silicone product approved by the manufacturer for that purpose. UNSEALED Unsealed random cracks, saw joints either transverse or longitudinal, and expansion joints will be prepared for sealant by sawing with a diamond saw blade. Flail type routers will not be allowed. PREVIOUSLY SEALED Resealing consists of five steps: 1.  Removing old sealant.  2.  Shaping the reservoir.  3.  Cleaning the reservoir.  4.  Installing the backer rod.  5.  Installing the sealant.  1. Removing old sealant  Removing the old sealant and cleaning the joint faces are required steps. The following processes are approved for use in Coppell.  Manual  Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2  Sawing   Sawing with diamond blades.     Plowing  Plowing can be used for removal of most of the old sealant.     Cutting   A worker may run a knife blade along the face of the joint.      Note: All debris and old sealant will be collected and removed from the pavement prior to the opening of the affected lanes of traffic. All debris and sealant will be disposed of properly in accordance to any and all applicable local, state, and federal laws & regulations. All methods require cleaning the joint faces prior to installing new sealant. 2. Shaping the reservoir  The contractor will be responsible for insuring that the proper depth of the reservoir is determined and applied to the various conditions that may be encountered to help prevent and insure the proper sealant depth to width ratio per the manufacturer’s specifications Shaping may be unnecessary if the sealant was removed by hand and the existing reservoir provides adequate dimensions. Sawing out the old sealant typically provides an adequate reservoir. Some minor spalling along the joint face will not inhibit performance of most sealants. However, some patching may be needed for larger spalls. A city representative will need to be contacted concerning locations encountered requiring repair. Resealing pavements containing plastic, redwood, or metal joint inserts require first removing the insert. Afterward, sawing provides smooth vertical faces for the new sealant. 3. Cleaning the reservoir  Reservoir faces require a thorough cleaning to ensure good sealant adhesion and long-term performance. No dust, dirt, or visible traces of old sealant will remain on the joint faces after cleaning. No chemical solvents will be used to clean the joint reservoir. Proper cleaning requires mechanical action to remove any contaminants. Use the following procedures: 1. As soon as practical after sawing, the slurry and/or saw dust will be removed via manual or mechanical means from the pavement prior to being opened to traffic and disposed of in accordance to any and all applicable local, state, and federal laws and regulations. 2. After the joint has dried sufficiently, sandblast the joint to remove any remaining residue. Do not sandblast straight into the joint. Hold the sandblast nozzle close to the surface at an angle to clean the top inch of the joint face. One pass along each reservoir face provides texture to improve sealant adhesion. 3. To ensure that the sealant enters a clean reservoir, air blast the joint and pavement surface to remove sand, dirt, and dust just before pumping the sealant. Make sure the air compressor does not introduce oil into the lines because this will contaminate the joint faces. The compressor should deliver air at a minimum of 120 cubic feet per minute and develop at least 90 psi nozzle pressure. Use a vacuum sweeper and hand brooms to keep the surrounding pavement clean. Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3 Note: As much as is practical, traffic and/or neighboring property both public and private shall be shielded from excessive dust, any spray, and/or all flying debris. Windy conditions could warrant a delay to protect the public from these conditions. 4. Installing backer rods  Backer rod is required for all transverse / longitudinal saw joints and expansion joints. The use of backer rod in random cracks is not necessary but may be useful to reduce the quantity of sealant applied. Install backer rods after cleaning the joint but before installing the liquid sealant. The backer rod must be compatible with the liquid sealant and have a diameter about 25% greater than the reservoir width. Backer rods will be placed with a double-wheeled, steel roller or similar tool that will force backer rod into the joint uniformly to the required depth. Slightly faulted joints may require a single-wheel roller. Ensuring that the backer rod is at the proper depth cannot be overemphasized. The insertion wheel will be rolled over the backer rod twice to help insure proper depth is obtained. Installation of backer rod where necessary will be deemed as subsidiary to joint sealant pay item. No separate pay item for backer rod installation. 5. Installing the sealant  Silicone Sealant Before installing the sealant, check for dirt and dust on the reservoir walls. If traces of contamination are found, the joint will need to be cleaned again. Sealant is to be installed per manufacturer’s written instructions. The reservoir walls must be dry before installing any liquid sealant. The sealant will be recessed at least ¼ to 3/8 inch below the surface of the pavement. Vertical faces (including curbs) require Non-Sag Silicone Sealant rather than self-leveling. The same brand of sealant will be used to repair damaged sections, replace defective seal or in locations where sealant is tested. Any seal may be examined after installation. A knife blade may be pushed down along the joint face to check for sealant adhesion. A loose, effortless penetration indicates adhesion loss, while good adhesion provides resistance. Sections failing this test will require replacement. Final testing of silicone sealant curing will and can only be completed after 14 to 21 days. A 2-inch-long sample of sealant may be removed for testing. The segment will be stretched about 50% for about 10 seconds before releasing it. A fairly fast and uniform relaxation of the sample indicates adequate curing. Slow rebound and curling of the sample indicates differential curing. The curl results from the upper (cured) seal retracting faster than the lower (less cured) portion. Sections failing this test will require replacement. Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4 General Measurement These Items will be measured by the linear foot by types listed in the bid document. Additional measurements or calculations will be made if adjustments are required. Payment The work performed and materials furnished will be paid for at the unit price bid for “Crack and Joint Sealing/Resealing” or of the types specified. This price is full compensation for all items necessary for a turn- key project, not to exceed. Hours of Operation The work performed during the day is restricted to between the hours of 9 AM until 4 PM. At no time will any lane of a thoroughfare be obstructed or restricted except during these hours. Nighttime work will be an option for portions of major thoroughfares where activities will not adversely affect residents. 48 hours of notice of intent to perform nighttime work is required. Holiday work will not be permitted. Weekend work may be permitted with prior authorization. Contractor will be responsible for inspector’s overtime pay at a rate of $54.00/hour for weekend work. Completion of Work Work shall commence within 10 days of Notice to Proceed. Notice to Proceed will be issued at a time that is agreeable to both the contractor and the City of Coppell. All work must be completed within the specified calendar days of the Notice to Proceed. Safety The contractor will be required to submit general work zone plans based on the Texas Manual on Uniform Traffic Control Devices for each type of zone activity anticipated. The contractor shall also be responsible to supply and deploy the devices identified in a manner consistent with those plans. A message board will be required for each cardinal direction of the activity on major thoroughfares. The message board will be deployed 3 days before the activity is to occur for the cardinal direction affected, with the date(s), times, activity, and information specific to what the motorist may encounter. Arrow boards will be utilized for lane closures. All vehicles within a work zone shall be equipped with and utilize conspicuous hazard lighting that rotates or strobes during use in addition to standard hazard lights. All contractor vehicles shall be conspicuously marked with company name and contact information. The City reserves the right to reject any safety device that is deemed to be ineffective or otherwise in such a condition that it doesn’t serve the purpose intended. Replacement of the device should be as soon as practical unless it is a personal safety device in which case the person affected should not continue to work until the device has been replaced or repaired as the situation dictates. Barricading will be deemed subsidiary to joint sealant pay item. No separate pay item for barricading. Environment The City has a commitment to preserving the environment. All debris from this work activity shall be collected and disposed of in accordance with federal, state, and local laws and regulations. The contractor shall prevent debris from entering storm drain systems. Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5 Dispersal of dust and debris should be minimized through frequent clean up, vacuuming, and/or other dust control measures. Equipment Furnish and maintain vehicles and equipment in good working condition. Use moisture and oil traps in air compression equipment to remove all contaminants from the blasting air and prevent the deposition of moisture, oil, or other contaminants in the cracks, joints, or on the surrounding roadway surface. Chronic leaks of oils, fuels or other fluids typical of vehicles and equipment will not be tolerated. The contractor will be required to provide a two (2) year bond on all work performed. Q-0617-01 IMF CRACK AND JOINT SEALING PROJECT CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6 Location: This project will begin after October 1st of 2017/2018 Fiscal Year. Sealing will begin on E. Sandy Lake Rd. at Eastern City Limit, progressing west to MacArthur Blvd. completing all westbound lanes. Once this section is complete, the work will progress east to eastern city limit completing all eastbound lanes. Any remaining funds in this contract or subsequent renewals will be used in other areas of town including E. Sandy Lake Rd. from MacArthur Blvd. to Denton Tap Rd., N. Coppell Rd. and other major thoroughfares. Crack and Joint Sealing/Resealing Item  No.  Description          Bid Price   Per LF    1    Random Cracks Sealed or Re‐Sealed on Concrete Streets        2    Redwood Expansion Joints Sealed or Re‐Sealed on Concrete Streets        3    Construction (Saw) Joints Sealed or Re‐Sealed on Concrete Streets        Total payments for this contract shall not exceed $100,000.00. Sealing shall progress up until the time the maximum distance for the combined sealed cracks and joints reaches as near as practical to the total value of the contract. The contractor will be responsible for determining the point at which further work will exceed the maximum allowed for this contract. CRACK & JOINT SEALING BID TAB CITY OF COPPELL, TEXAS PROJECT NO.Q-0617-01 Scodeller Construction NPL Construction Apex Highway Services SCR Civil Construction Curtco FNH Construction ITEM No.ITEM DESCRIPTION UNIT UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE I-1 Random Cracks Sealed or Re-Sealed on Concrete Streets LF $2.10 $3.50 $8.10 $11.00 $6.75 $12.00 I-2 Redwood Expansion Joints Sealed or Re-Sealed on Concrete Streets LF $3.50 $3.50 $4.73 $6.00 $9.50 $12.00 I-3 Construction (Saw) Joints Sealed or Re-Sealed on Concrete Streets LF $2.80 $3.50 $4.26 $5.95 $6.75 $12.00 Average Unit Rate $2.80 $3.50 $5.70 $7.65 $7.67 $12.00 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3456 File ID: Type: Status: 2017-3456 Agenda Item Agenda Ready 1Version: Reference: In Control: Information Systems 07/03/2017File Created: Final Action: CISCO CORE SWITCH REPLACEMENTFile Name: Title: Notes: Agenda Date: 07/11/2017 Agenda Number: 8. Sponsors: Enactment Date: Cisco Core Swich Council Final Memo.pdf, Cisco Core Upgrade Equipment GSA_City of Coppell.pdf, Cisco Core Upgrade Pro Services_City of Coppell.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 07/11/2017City Council Text of Legislative File 2017-3456 Page 1City of Coppell, Texas Printed on 7/7/2017 1 MEMORANDUM To: Mayor and City Council From: Albert Gauthier, Chief Information Officer Date: June 29, 2017 Reference: Cisco Core Switch Replacement 2030: Sustainable City Government Introduction: The Cisco Core switch gear located at Town Center, Justice Center, and 265 Parkway has reached end its end of life and is due for replacement. Analysis: A core switch is a device that is central to our network’s successful operation. It is used to connect to servers, our Internet service provider (ISP) via a router, and to aggregate all switches. Edge switches, on the other hand, connect client devices, such as laptops, desktops, security cameras, and wireless access points. We have recently replaced and standardized all our edge switches. This fiscal year we have identified then need to replace the core switch gear located at Town Center, Justice Center, and 265 Parkway. The current core switches are the Cisco 6509 which Cisco has listed as “end of support” in 2017. It is necessary to replace this equipment. CWPS has provided a proposal that includes all the necessary equipment to replace the core switches at all three locations. Their proposal outlines the use of stacked switches, which is multiple independent switches that are connected that helps better manage the functions of each switch. In addition, the new configurations will provide additional redundancy to prevent a single point of failure. The pricing of the equipment is from the Federal GSA Schedule# GS-35F-0563U for a total of $236,402.90, which includes a promotional year end discount from Cisco of $25,000. The use of the Federal GSA Schedule meets the competitive bid requirement. In addition, CWPS provided a proposal to configure and install the equipment for $35,000. Replacing this equipment is a continuation of the Information System’s Strategic Plan goal of maintaining a modern and current working environment. I recommend approval. Legal Review: (Agenda item reviewed by legal July 5, 2017) 2 Fiscal Impact: The fiscal impact of this Agenda item is $236,402.9 + $35,000 = $271,402.90 Recommendation: The Information Systems Department recommends approval. 6509 Core Upgrade Quote #:133153 Version 1 City of Coppell CWPS Inc. 14120-A Sullyfield Circle Chantilly, VA 20151-1660 (703) 263-9539 cwps.com Prepared by:Prepared for:Quote Information: Version: 1 Quote #: 133153 Delivered: 06/29/2017 Expires: 06/25/2017 CWPS Inc. Curtis Joachim Phone: Email: cjoachim@cwps.com City of Coppell Albert Gauthier 255 Parkway Boulevard Post Office Box 9478 Coppell, Tx 75019 agauthier@coppelltx.gov (972) 462-0022 GSA Schedule#: GS-35F-0563U Purchase order must be submitted to "Westcon Group North America Inc. c/o CWPS, Inc." Notes: Ext. PricePriceQtyTown Center - GSA $17,442.00$5,814.003Cisco Catalyst 3850 48 Port Full PoE LAN BaseWS-C3850-48F-L $20,520.00$20,520.001Chassis+Fan Tray+ Sup2T+2xPower Supply; IP Services ONLYC6807-XL-S2T-BUN $13,500.00$13,500.001Catalyst 6800 16 port 10GE with integrated DFC4C6800-16P10G $15,120.00$15,120.001Cat 6500 Sup 2T with 2 x 10GbE and 3 x 1GbE with MSFC5 PFC4VS-S2T-10G $2,154.60$1,077.30210GBASE-SR X2 ModuleX2-10GB-SR $2,154.60$1,077.30210GBASE-SR X2 ModuleX2-10GB-SR $12,312.00$6,156.002Cisco Catalyst 3850 48 Port Full PoE LAN BaseWS-C3850-48F-L $4,320.00$2,160.002Cisco Catalyst 3850 4 x 10GE Network ModuleC3850-NM-4-10G $87,523.20Town Center - GSA Subtotal Ext. PricePriceQtyTown Center - Open Market $513.00$51.3010Catalyst Stack Power Cable 30 CM SpareCAB-SPWR-30CM= $216.00$54.00410GBASE-CU SFP+ Cable 3 MeterSFP-H10GB- CU3M= $729.00Town Center - Open Market Subtotal Ext. PricePriceQty265 Parkway - GSA $19,380.00$19,380.001Chassis+Fan Tray+ Sup2T+2xPower Supply; IP Services ONLYC6807-XL-S2T-BUN $13,500.00$13,500.001Catalyst 6800 16 port 10GE with integrated DFC4C6800-16P10G $15,120.00$15,120.001Cat 6500 Sup 2T with 2 x 10GbE and 3 x 1GbE with MSFC5 PFC4VS-S2T-10G $2,154.60$1,077.30210GBASE-SR X2 ModuleX2-10GB-SR $2,154.60$1,077.30210GBASE-SR X2 ModuleX2-10GB-SR $12,312.00$6,156.002Cisco Catalyst 3850 48 Port Full PoE LAN BaseWS-C3850-48F-L Page 2 of 4CWPS, Inc. 14120-A Sullyfield Circle Chantilly, VA 20151 (p) 703-263-9539 (f) 703-263-2574 www.cwps.com CWPS Inc. 14120-A Sullyfield Circle Chantilly, VA 20151-1660 (703) 263-9539 cwps.com Ext. PricePriceQty265 Parkway - GSA $4,320.00$2,160.002Cisco Catalyst 3850 4 x 10GE Network ModuleC3850-NM-4-10G $6,156.00$6,156.001Cisco Catalyst 3850 48 Port Full PoE LAN BaseWS-C3850-48F-L $75,097.20265 Parkway - GSA Subtotal Ext. PricePriceQty265 Parkway - Open Market $153.90$51.303Catalyst Stack Power Cable 30 CM SpareCAB-SPWR-30CM= $216.00$54.00410GBASE-CU SFP+ Cable 3 MeterSFP-H10GB- CU3M= $369.90265 Parkway - Open Market Subtotal Ext. PricePriceQtyJustice Center - GSA $23,760.00$11,880.002Cisco Catalyst 3850 48 Port Full PoE IP ServicesWS-C3850-48F-E $4,320.00$2,160.002Cisco Catalyst 3850 4 x 10GE Network ModuleC3850-NM-4-10G $35,640.00$11,880.003Cisco Catalyst 3850 48 Port Full PoE IP ServicesWS-C3850-48F-E $63,720.00Justice Center - GSA Subtotal Ext. PricePriceQtyJustice Center - Open Market $1,074.60$537.30210GBASE-SR SFP ModuleSFP-10G-SR= $4,314.60$2,157.30210GBASE-LR SFP ModuleSFP-10G-LR= $5,389.20Justice Center - Open Market Subtotal Ext. PricePriceQty1 Year Smartnet 24x7x4 - GSA $3,548.80$1,774.402SNTC-24X7X4 Cisco Catalyst 3850 48 Port Full PoE IPCON-SNTP- WSC388FE $5,323.20$1,774.403SNTC-24X7X4 Cisco Catalyst 3850 48 Port Full PoE IPCON-SNTP- WSC388FE $6,174.40$6,174.401SNTC-24X7X4 Chassis+Fan Tray+ SuCON-SNTP- 6807S2TB $6,174.40$6,174.401SNTC-24X7X4 Chassis+Fan Tray+ SuCON-SNTP- 6807S2TB $7,353.60$919.208SNTC-24X7X4 Cisco Catalyst 3850 48 Port Full PoE LANCON-SNTP- WSC388FL $28,574.401 Year Smartnet 24x7x4 - GSA Subtotal Page 3 of 4CWPS, Inc. 14120-A Sullyfield Circle Chantilly, VA 20151 (p) 703-263-9539 (f) 703-263-2574 www.cwps.com CWPS Inc. 14120-A Sullyfield Circle Chantilly, VA 20151-1660 (703) 263-9539 cwps.com Ext. PricePriceQtyCisco Year End - Promo Credit ($25,000.00)($25,000.00)1Cisco Year End - Promo CreditPROMOCREDIT ($25,000.00)Cisco Year End - Promo Credit Subtotal AmountQuote Summary $87,523.20Town Center - GSA $729.00Town Center - Open Market $75,097.20265 Parkway - GSA $369.90265 Parkway - Open Market $63,720.00Justice Center - GSA $5,389.20Justice Center - Open Market $28,574.401 Year Smartnet 24x7x4 - GSA ($25,000.00)Cisco Year End - Promo Credit $236,402.90Total AmountNo. of PaymentsCash Payment Terms $236,402.90One-Time1Product Deposit Thank you for allowing CWPS the opportunity to serve you. We look forward to your decision regarding this quotation and the opportunity to serve you in the future. The pricing and availability on this quotation are subject to change. Taxes and shipping charges are estimates only, other fees may apply. Please do not pay off this quote. Once approved, an invoice will be generated to submit payment. Title Name Date Signature Signature Date Name Title Client CWPS, Inc. Page 4 of 4CWPS, Inc. 14120-A Sullyfield Circle Chantilly, VA 20151 (p) 703-263-9539 (f) 703-263-2574 www.cwps.com 6509 Core Upgrade - Professional Serviecs Quote #:133517 Version 1 City of Coppell CWPS Inc. 14120-A Sullyfield Circle Chantilly, VA 20151-1660 (703) 263-9539 cwps.com Prepared by:Prepared for:Quote Information: Version: 1 Quote #: 133517 Delivered: 06/29/2017 Expires: 07/27/2017 CWPS Inc. Curtis Joachim Phone: Email: cjoachim@cwps.com City of Coppell Albert Gauthier 255 Parkway Boulevard Post Office Box 9478 Coppell, Tx 75019 agauthier@coppelltx.gov (972) 462-0022 CWPS Professional Services pertaining to GSA Quote for Cisco 6509 Core Upgrade. All travel expenses, onsite implementation included. Notes: Ext. PricePriceQtyProfessional Services $35,000.00$35,000.001CWPS Professional Services, Flat Fee *Travel & Expenses Included CWPS-PROSERV- FLAT $35,000.00Professional Services Subtotal AmountQuote Summary $35,000.00Professional Services $35,000.00Total AmountNo. of PaymentsCash Payment Terms $35,000.00One-Time1Professional Services Fixed Price Total Price Thank you for allowing CWPS the opportunity to serve you. We look forward to your decision regarding this quotation and the opportunity to serve you in the future. The pricing and availability on this quotation are subject to change. Taxes and shipping charges are estimates only, other fees may apply. Please do not pay off this quote. Once approved, an invoice will be generated to submit payment. Title Name Date Signature Signature Date Name Title Client CWPS, Inc. Page 2 of 2CWPS, Inc. 14120-A Sullyfield Circle Chantilly, VA 20151 (p) 703-263-9539 (f) 703-263-2574 www.cwps.com Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3455 File ID: Type: Status: 2017-3455 Agenda Item Mayor and Council Reports 1Version: Reference: In Control: City Secretary 06/29/2017File Created: Final Action: Mayor and Council ReportsFile Name: Title: A.Report by Mayor Hunt and the City Council on the Celebrate Coppell festivities. B.Report by Councilmember Roden on the Dallas Sales Force Developers Group. Notes: Agenda Date: 07/11/2017 Agenda Number: Sponsors: Enactment Date: PhotoA.jpg, PhotoB.jpgAttachments: 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 07/11/2017City Council Text of Legislative File 2017-3455 Title A.Report by Mayor Hunt and the City Council on the Celebrate Coppell festivities. B.Report by Councilmember Roden on the Dallas Sales Force Developers Group . Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 7/7/2017 Master Continued (2017-3455) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 7/7/2017