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CP 2022-02-08City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, February 8, 2022 WES MAYS BRIANNA HINOJOSA-SMITH Mayor Mayor Pro Tem CLIFF LONG JOHN JUN Place 1 Place 5 DON CARROLL BIJU MATHEW Place 3 Place 6 KEVIN NEVELS MARK HILL Place 4 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. 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. As authorized by Section 551.127, of the Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. 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. Page 1 City of Coppell, Texas Printed on 2/4/2022 1 February 8, 2022City Council Meeting Agenda Seek legal advice from City Attorney concerning appointment and removal of boards and commissions members. 3. Work Session (Open to the Public) 1st Floor Conference Room A. Discussion regarding agenda items. B. Discussion regarding cancellation of the March 8 or March 22, 2022, City Council meeting. C. Discussion regarding The Duck Pond Park renovations. D. Discussion regarding proposed changes to the Code of Conduct and update on Social Media guidelines. The Duck Pond Park Renovations Memo.pdf Social Media Guidelines Memo.pdf Social Media Best Practices for Officials.pdf Attachments: Regular Session 4. Invocation 7:30 p.m. 5. Pledge of Allegiance 6. Citizens’ Appearance 7. Consent Agenda A.Consider approval of the minutes: January 21 and 22, 2022, and January 25, 2022. CM 2021-01-21 (Retreat).pdf CM 2021-01-25.pdf Attachments: B.Consider approval of awarding Bid #1122-02; Royal and Northpoint traffic signal to Durable Specialties; for the supply and installation of a traffic signal; in the amount of $285,000.00; funded through Bond proceeds; and authorizing the City Manager to sign any necessary documents. Traffic Signal Memo.pdf Exhibit.pdf Durable Submitted Bid Form.pdf Attachments: C.Consider approval of a professional services agreement with Kimley-Horn and Associates, for Engineering & Design Services for renovations to The Duck Pond Park, not to exceed the amount of $85,500.00, as provided for in the CRDC Fund Balance; and authorizing the City Manager to sign any necessary documents. Memo.pdf Design Proposal.pdf Attachments: Page 2 City of Coppell, Texas Printed on 2/4/2022 2 February 8, 2022City Council Meeting Agenda End of Consent Agenda 8.Consider approval of an Ordinance of The City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 6 ‘Business Regulations’, Article 6-15 ‘Temporary Signs’, Section 6-15-5, ‘Provisions for All Zoning Districts’; by amending the Subsection (8)(C) to amend the time temporary banner signs at a location shall be permitted from five times to twelve; and authorizing the Mayor to sign. Temporary Banner Signs Memo.pdf ORD Temporary Banner Signs.pdf Attachments: 9.Consider approval of awarding Bid # Q-0122-01, Wagon Wheel Elevated Storage Tank Rehabilitation; to O and J Coatings, Inc.; for the rehabilitation of the Wagon Wheel elevated tank; in the amount of $975,500.00; with a potential early completion incentive of $30,000.00; for a total contract amount of $1,005,500.00; funded through Bond proceeds; and authorizing the City Manager to sign any necessary documents. Wagon Wheel EST Rehab Memo.pdf Wagon Wheel EST Exhibit.pdf Dunham Recommendation and Bid Tab O and J Coatings Bid Form and Contract.pdf Attachments: 10.Discuss and consider removal of Venky Venkatraman as a member of the Conduct Review Board. Conduct Review Board Memo.pdfAttachments: 11. City Manager Reports - Project Updates and Future Agendas 12. Mayor and Council Reports Report by the City Council on recent and upcoming events. 13.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 14. Necessary Action from Executive Session 15. Adjournment ________________________ Wes Mays, Mayor Page 3 City of Coppell, Texas Printed on 2/4/2022 3 February 8, 2022City Council Meeting Agenda 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 _____ day of February, 2022, at _____________. ______________________________ Ashley Owens, 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 make requests for these services seventy-two (72) hours – three (3) business days ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Allen, ADA Coordinator, or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Page 4 City of Coppell, Texas Printed on 2/4/2022 4 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6114 File ID: Type: Status: 2022-6114 Agenda Item Executive Session 1Version: Reference: In Control: City Council 02/02/2022File Created: Final Action: Exec Session 2/8/22File Name: Title: Seek legal advice from City Attorney concerning appointment and removal of boards and commissions members. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6114 Title Seek legal advice from City Attorney concerning appointment and removal of boards and commissions members. Summary Page 1City of Coppell, Texas Printed on 2/4/2022 5 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6102 File ID: Type: Status: 2022-6102 Agenda Item Work Session 1Version: Reference: In Control: City Council 01/31/2022File Created: Final Action: WKS 2/8/22File Name: Title: A. Discussion regarding agenda items. B. Discussion regarding cancellation of the March 8 or March 22, 2022, City Council meeting. C. Discussion regarding The Duck Pond Park renovations. D. Discussion regarding proposed changes to the Code of Conduct and update on Social Media guidelines. Notes: Sponsors: Enactment Date: The Duck Pond Park Renovations Memo.pdf, Social Media Guidelines Memo.pdf, Social Media Best Practices for Officials.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6102 Title A. Discussion regarding agenda items. B. Discussion regarding cancellation of the March 8 or March 22, 2022, City Council meeting. C. Discussion regarding The Duck Pond Park renovations. D. Discussion regarding proposed changes to the Code of Conduct and update on Social Media guidelines. Summary Page 1City of Coppell, Texas Printed on 2/4/2022 6 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6102 Page 1City of Coppell, Texas Printed on 2/4/2022 7 1 MEMORANDUM To: Mayor and City Council From: John Elias, Parks Projects Manager Via: Jessica Carpenter, Director of Parks and Recreation Date: February 8, 2022 Reference: Consider approval of a professional services agreement with Kimley-Horn and Associates, for Engineering & Design Services for renovations to The Duck Pond Park, not to exceed the amount of $85,500.00, as provided for in the CRDC Fund Balance; and authorizing the City Manager to sign any necessary documents. 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: The Duck Pond Park is a 5-acre neighborhood park located at 400 E. Bethel School Road. This park was the first neighborhood park built in Coppell in 1978. The park features a playground, picnic areas, pedestrian walking trail and a pond. Introduction: The proposed park improvements include pond edge re-establishment, retaining walls, concrete channel lining, site grading, sidewalk paving, playground surface replacement, headwall replacement, drainage flume replacement, landscape reestablishment, and irrigation. Project will include geotechnical investigation, topographic survey, preparation of construction documents, and bidding and construction phase services for park improvements at The Duck Pond Park. The Project Budget for Renovations to The Duck Pond Park: • Engineering / Design Fees $85,500 • Priority #1, South Pond Edge $330,000 • Priority #2, North/East/West Pond Edge $290,000 • Priority #3, Playground Area $105,000 Total Project Budget $810,500 8 2 Analysis: Consider approval of a professional services agreement with Kimley-Horn and Associates, for Engineering & Design Services for renovations to The Duck Pond Park, not to exceed the amount of $85,500.00 Legal Review: This contract was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this agenda item is $85,500, as provided for in the CRDC fund balance. Recommendation: The Parks and Recreation Department recommends approval of this item. 9 1 MEMORANDUM To: Mayor and City Council Through: Mike Land, City Manager From: Hannah Cook, Chief Communications Strategist Date: February 8, 2022 Reference: Proposed changes to Code of Conduct; update on Social Media Guidelines 2040: Sustainable Government Introduction: As technology becomes more and more integral to daily life and social media becomes an increasingly critical method of communication, it is important for elected officials and other City representatives to be knowledgeable of social media best practices, considerations, and potential impacts. For this reason, staff has drafted best practices and recommendations for elected officials and appointed boards, commissions and committees using personal or professional social media platforms and proposes an amendment to Section 1-13-4 of the City’s Code of Conduct. Background: Staff researched social media best practices and trends for elected officials both nationwide and in the region. Cities across the nation are increasingly looking to adopt a policy outlining appropriate social media use or guidelines for elected/appointed officials. Per Council’s direction, staff has drafted a document providing background information and social media recommendations that is intended to help ensure that any City-related information published is accurate, professional, and in alignment with the Texas Public Information Act. If approved by City Council, this document will be shared with newly elected/appointed officials as part of the orientation process. The City’s Code of Conduct outlines professional standards and expectations for elected and appointed officials. Staff, in conjunction with the City Attorney, proposes to amend the Code of Conduct to incorporate language addressing social media and other forms of digital communications. Legal: The proposed amendment to Section 1-13-4 and the best practices have been reviewed by the City Attorney. 10 2 Fiscal Impact: N/A Recommendation: Staff is looking for feedback on the proposed amendment to the Code of Conduct. Staff is also seeking direction on the updated social media best practices and recommendations. Per Council’s direction, staff will present the amendment to the Code of Conduct for approval at a later date. 11 Best Practices and Recommendations for Elected Officials and Appointed Boards, Commissions and Committees Using Personal or Professional Social Media Platforms While elected officials and City Council-appointed board, committee and commission members may maintain and use personal web pages and websites, blogs, and social networking sites, their status as elected/appointed officials requires that the content of any postings on those sites not be in violation of the City’s Code of Conduct as outlined in Section 1-13-4 and Section 1-13-5 of the Code of Ordinances. The City’s image as a professional, nonpartisan organization is critical to maintaining the respect of its constituents and operations free from personal opinions. Although the City recognizes that elected and appointed officials may choose to express themselves by posting personal information upon social media platforms or by making comments on sites hosted by other persons, groups, or organizations, this right of expression should not interfere with the operation and governance of the City. That is, although the City acknowledges its officials have the First Amendment right to free speech, the right is not absolute when involving matters of official City business, issues, or concerns. If an elected or appointed official conducts any City business or communication as an official from a personal account, professional account, or an account created for a board/committee/commission, officials should assume that any City-related communications will be considered a public record subject to the Texas Public Information Act as set forth in Chapter 552 of the Texas Government Code Sec. 552.002, as well as applicable portions of the records retention laws. Definitions 1. Personal Social Media Account: Personal accounts are intended strictly for individual people only and are not meant for commercial purposes. On a personal account, a user can post updates, share photos and videos, maintain a friends list, share interests and more. Personal profiles are typically associated with a person, as opposed to a position. 2. Professional Social Media Account: A professional accounts is a place where artists, public figures, businesses, brands, organizations, and nonprofits can connect with their fans, constituents, or customers. Professional profiles are typically associated with the position, office, or seat. 3. Campaign Social Media Account: This kind of account is used by candidates to share information about their platform and views. 4. Non-public Information: Non-public information is information made available to elected and appointed officials that has not yet been made available to the general public. Non-public information may not be considered confidential by law, statute, or judicial decision. 12 Records Retention Recommendations Any city-related content (messages, posts, photographs, videos, etc.) created or received using a social media account may be considered public record. As such, the following should be considered. 1. The City does not archive or manage social media accounts for elected or appointed officials. The official is solely responsible for the retention and archival of content published to individual accounts. 2. It is recommended that elected and appointed officials create a digital folder for city- related social media content. Officials should capture screenshots of city-related posts and save them in this folder. 3. Any posts that are deleted or hidden from an elected or appointed official’s social media account for violation of the City’s posted social media guidelines - whether the content was posted by the official or a member of the public - should be captured via screenshot and retained. Best Practices for Elected and Appointed Officials The following best practices are recommended to ensure that the personal and professional use of social media by elected and appointed officials is done so in a responsible manner. 1. Public officials should separate personal social media accounts from professional social media accounts so that City-related matters and all public records generated from those posts are easily archived and to avoid city related information being intermingled with personal posts not related to City matters. 2. Officials should not delete posts and related comments regarding any City-related matters to avoid violating record preservation requirements outlined in Texas Government Code Sec. 552. 3. Officials should be mindful that posting content regarding City-related matters could inadvertently result in the violation of the Open Meetings Law if enough other public officials respond or comment on the post, resulting in a quorum. If this occurs, the online conversation should immediately cease with no further posts by the officials, and the City Secretary should be immediately notified. 4. It is expected that officials will occasionally have access information that is considered to be non-public. It is recommended that officials consider the impact of sharing this type of information publicly prior to posting. By way of example, such information may include but is not limited to, personnel retirement or resignation announcements. 5. Officials should be honest and accurate when posting information or news, and should quickly correct any mistakes, misstatements and/or factual errors in content upon discovery. 6. Officials should exercise caution with respect to posted comments, particularly those concerning the City and the business of the City. 13 7. Officials are strongly encouraged to consider the potential impact of social media statements prior to posting. Public comments, in any forum – including on personal and professional social media accounts – that contain racial slurs, profane language or acronyms for profane language, express bigotry toward a group based on race, religion, national origin, sexual orientation, gender, gender identity, party affiliation or any other legally protected classification may be considered conduct unbecoming. Such activity could result in a violation of the City’s Code of Conduct. 8. Officials should consider whether liking, sharing, retweeting, or commenting on any social media posts could be perceived as an endorsement of or about the City, its employees, constituents, other public officials, suppliers, vendors, or contractors relating to views on various issues, including political affiliation. 9. Officials should refrain from using social media accounts to communicate with City employees about City-related matters as this creates a public record on employees’ personal accounts that must be retained per Public Records Law outlined in Texas Government Code Sec. 552. If elected officials want the City’s official pages to respond to a social media inquiry, the following responses are suggested: • Twitter: “Tagging @CityofCoppell on your inquiry so staff may respond to you directly.” • Facebook: “Tagging @City of Coppell on your inquiry so staff may respond to you directly.” • Instagram: “Tagging @cityofcoppelltx on your inquiry so staff may respond to you directly.” • Other platforms, such as Nextdoor: “Please contact the City of Coppell directly so staff may respond to you. You may also submit your inquiry online by visiting https://www.coppelltx.gov/146/Submit or by calling the City of Coppell during business hours at 972-462-0022.” 10. Public officials should be cautious in using official City-provided logos, taglines, symbols, and photographs that belong to or are licensed by the City on personal social media sites. Elected and appointed officials choosing to use official City-provided photographs and identifying themselves as elected officials on personal social media sites should tailor communications on those sites accordingly. 14 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6105 File ID: Type: Status: 2022-6105 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 01/31/2022File Created: Final Action: MinutesFile Name: Title: Consider approval of the minutes: January 21 and 22, 2022, and January 25, 2022. Notes: Sponsors: Enactment Date: CM 2021-01-21 (Retreat).pdf, CM 2021-01-25.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6105 Title Consider approval of the minutes: January 21 and 22, 2022, and January 25, 2022. Summary Page 1City of Coppell, Texas Printed on 2/4/2022 15 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 6:00 PM Life Safety ParkFriday, January 21, 2022 City Council Retreat WES MAYS BRIANNA HINOJOSA-SMITH Mayor Mayor Pro Tem CLIFF LONG JOHN JUN Place 1 Place 5 DON CARROLL BIJU MATHEW Place 3 Place 6 KEVIN NEVELS MARK HILL Place 4 Place 7 MIKE LAND City Manager Wes Mays;Cliff Long;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and Mark Hill Present 8 - Also present were Randy Pennington, Deputy City Manager Traci Leach, FOARD Task Force Liaison Mindi Hurley, Smart City Board Liaison Jerod Anderson, Assistant Director of Finance Kim Tiehen, and City Secretary Ashley Owens. The City Council of the City of Coppell met in a Work Session on Friday, January 21, 2022, at 6:00 p.m., and on Saturday, January 22, 2022, at 8:30 a.m. in the Meeting Room of the Life Safety Park, 820 S Coppell Road, Coppell, Texas. Call to Order - Friday, January 21, 2022I. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Work Session at 6:00 p.m. Citizens’ AppearanceII. Mayor Wes Mays advised that no one signed up to speak. III.Discussion regarding Vision 2040: a. 2021/2022 Work Plan update. b. Overview of Smart City Board and FOARD Task Force Page 1City of Coppell, Texas 16 January 21, 2022City Council Minutes Recommendations. c. Feedback from City Council interviews. d. 2022/2023 Matrix Discussion. Deputy City Manager Traci Leach, FOARD Task Force Liaison Mindi Hurley and Smart City Board Liaison Jerod Anderson made separate presentations to City Council. Discussion ensued regarding recommendations made to City Council. Adjournment There being no further business before the City Council, the meeting was recessed at 8:24 p.m. Mayor Wes Mays reminded City Council that they will reconvene at 8:30 a.m. on Saturday morning. Call to Order - Saturday, January 22, 2022IV. Mayor Wes Mays called the meeting to order, determined that a quorum was present and reconvened into the Work Session at 8:30 a.m. Citizens’ AppearanceV. Mayor Wes Mays advised that no one signed up to speak. VI.Discussion regarding Budget: a. 1st Quarter Review b. Five Year Forecast c. Debt Model d. Homestead Exemption e. Tax Rate f. Overall Budget Assistant Director of Finance Kim Tiehen made a presentation to City Council. Discussion ensued between City Council. VII.Discussion regarding Crime Control Prevention District Special Election. Due to time constraints, this item will be discussed in the Work Session on January 25, 2022. VIII.Discussion regarding the Board and Commission process. Due to time constraints, this item will be discussed in the Work Session on January 25, 2022. Adjournment There being no further business before the City Council, the meeting was adjourned at 12:32 p.m. Page 2City of Coppell, Texas 17 January 21, 2022City Council Minutes ________________________ Wes Mays, Mayor ATTEST: ______________________________ Ashley Owens, City Secretary Page 3City of Coppell, Texas 18 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, January 25, 2022 WES MAYS BRIANNA HINOJOSA-SMITH Mayor Mayor Pro Tem CLIFF LONG JOHN JUN Place 1 Place 5 DON CARROLL BIJU MATHEW Place 3 Place 6 KEVIN NEVELS MARK HILL Place 4 Place 7 MIKE LAND City Manager Wes Mays;Cliff Long;Brianna Hinojosa-Smith;Don Carroll;Kevin Nevels;John Jun;Biju Mathew and Mark Hill Present 8 - Also present were Deputy City Manager Traci Leach, City Secretary Ashley Owens, Deputy City Secretary Sara Egan, and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Session on Tuesday, January 25, 2022 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Call to Order1. Mayor Wes Mays called the meeting to order, determined that a quorum was present and convened into the Executive Session at 5:30 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.071, Texas Government Code - Consultation with City Attorney. A.Consultation with Special Counsel and City Attorney concerning complaint procedure under Article 1-13, Code of Conduct. Discussed under Executive Session B.Consultation with the City Attorney regarding a request by DFW Airport Page 1City of Coppell, Texas 19 January 25, 2022City Council Minutes concerning pending litigation on behalf of DFW Airport. Discussed under Executive Session Section 551.087, Texas Government Code - Economic Development Negotiations. C.Discussion regarding economic development prospects located north of Bethel Road and west of Freeport Parkway. Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Wes Mays adjourned the Executive Session at 6:58 p.m. and convened into the Work Session at 7:00 p.m. A. Discussion regarding agenda items. B. Discussion regarding the Temporary Sign Ordinance. C. Discussion regarding the City Council Winter Retreat. Work Session Items were discussed. Regular Session4. Mayor Wes Mays adjourned the Work Session at 7:38 p.m. and reconvened into the Regular Session at 7:43 p.m. Invocation5. Pastor Beth with First United Methodist church gave the invocation. Pledge of Allegiance6. Mayor Wes Mays and the City Council led those present in the Pledge of Allegiance. Proclamations 7.Consider approval of a Proclamation designating January 25, 2022, as “Jennifer Miller Appreciation Day,” and authorizing the Mayor to sign. Mayor Wes Mays read the proclamation into the record and presented the same to Finance Director Jennifer Miller. A motion was made by Councilmember Don Carroll, seconded by Mayor Pro Tem Brianna Hinojosa-Smith, that this Agenda Item be approved. The motion passed by an unanimous vote. Citizens’ Appearance8. Mayor Wes Mays asked for those who signed up to speak: Page 2City of Coppell, Texas 20 January 25, 2022City Council Minutes 1) Mark Henry, 611 Canemount Ln, spoke in favor of the Magnolia Park Trail on behalf of the surrounding residents and HOA. Consent Agenda9. A.Consider approval of the minutes: January 11, 2022 and January 12, 2022. A motion was made by Councilmember Mark Hill, seconded by Councilmember Kevin Nevels, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. B.Consider approval of a subscription service renewal with Cartegraph Systems, LLC, for the annual renewal of an Enterprise Asset Management System (EAM); in the amount of $69,184.00; included as assigned retained earnings of the Water Sewer Fund; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Mark Hill, seconded by Councilmember Kevin Nevels, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. C.Consider approval of a one (1) year renewal of RFP #163 for citywide electrical services provided by Nema 3; in the amount of $100,000; as budgeted in the General Fund; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Mark Hill, seconded by Councilmember Kevin Nevels, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. D.Consider approval to enter into a Project Specific Agreement (PSA) to the Master Agreement Governing Major Capital Transportation Improvement Program (“Master Agreement”) with Dallas County; for the purpose of transportation improvements related to the Denton Tap Intersection Improvements Project; MCIP Project 20601; for a total Dallas County obligation of $487,000.00; including any in-kind County contributions estimated at $35,000.00; and authorizing the Mayor to sign. A motion was made by Councilmember Mark Hill, seconded by Councilmember Kevin Nevels, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. E.Consider approval of accepting the resignation of Subbu Venkat from the Future Oriented Approach to Residential Development Task Force. A motion was made by Councilmember Mark Hill, seconded by Councilmember Kevin Nevels, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. F.Consider approval of appointing Mary Arnold from alternate member to regular member on the Parks and Recreation Board for the remainder of Page 3City of Coppell, Texas 21 January 25, 2022City Council Minutes an unexpired term and appointing Jeff Roller to fill the vacant alternate seat on the Parks and Recreation Board for the remainder of an unexpired term. A motion was made by Councilmember Mark Hill, seconded by Councilmember Kevin Nevels, that Consent Agenda Items A-F be approved. The motion passed by an unanimous vote. End of Consent Agenda 10.Discussion and recommendation regarding the Magnolia Park Trail Section. Presentation: John Elias, Parks Operations Manager, made a presentation to City Council. The City Council was in favor of the recommendation. 11.Consider approval to purchase four (4) replacement Fire Department ambulances through an Interlocal Cooperative Purchasing Agreement with Buyboard in the amount of $1,174,552.00 as budgeted; and authorizing the City Manager to sign any necessary documents. Presentation: Kevin Richardson, Fire Chief, made a presentation to City Council. A motion was made by Councilmember Don Carroll, seconded by Councilmember Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. 12.Consider approval to purchase automated stretcher loading systems for four (4) fire department ambulances in the amount of $177,283.96 by Texas sole source vendor, Stryker Medical; as budgeted; and authorizing the City Manager to sign any necessary documents. Presentation: Kevin Richardson, Fire Chief, made a presentation to City Council. A motion was made by Councilmember Don Carroll, seconded by Councilmember Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. City Manager Reports - Project Updates and Future Agendas13. City Manager Mike Land gave the following project updates: Belt Line: Our contractor has mobilized to complete the sewer relocation related to the DART Silver Line crossing of South Belt Line (they are under contract to DART/Archer Western to complete this work); The big traffic switch is currently planned to occur on February 14th ...all traffic will be transitioned to the northbound lanes at Hackberry and the southbound lanes will be reconstructed. Page 4City of Coppell, Texas 22 January 25, 2022City Council Minutes Intersection Improvements: Work continues at Bethel School. Mayor and Council Reports14. The Members' Choice Awards & Community Gala will be held January 29, 2022 from 6-10 p.m. Each year the event honors local businesses, organizations and individuals that made a significant impact in the community. This year's gala is sponsored by the City of Coppell and AAA Texas. Create magical memories at our annual Be Mine, Valentine Dance! This year we are excited to invite dads, daughters, moms, sons, grandpas, grandmas… the whole family! The dance will be held February 5th at the Four Points by Sheraton DFW North from 5-8 p.m. Registration is available online. Report by the City Council on recent and upcoming events. Nothing to report. Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 15. A. Report on Carrollton/Farmers Branch ISD and Lewisville ISD - Councilmember Mark Hill B. Report on Coppell ISD - Councilmember Kevin Nevels C. Report on Coppell Seniors - Councilmember John Jun Councilmember Mark Hill reported on CFBISD: the progress of the 2018 Bond supporting campus-wide renovations, the welcoming of Carolyn Benavides to the Board of Trustees, the celebration of 394 students making it to District or Region band, choir, and/or orchestra, and lastly, the DAYL Foundation awarding a grant to Creekview High School. Councilmember Mark Hill proceeded to report on LISD: the annual MLK contest winners are posted online at www.lisd.net, the new superintendent will be announced soon, the new school year calendar is now available with August 10th as the first day of school. Councilmember Kevin Nevels reported on CISD: the school district is partnering with Tom Thumb to provide vaccine clinics at Valley Ranch Elementary, he provided upcoming early-release dates and holidays, enrollment information for kindergarten, election information for the May 7th Election, and special recognition and awards. Coucilmember John Jun explained he would be meeting with the Seniors on Wednesday, January 26th. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 16. Necessary Action from Executive Session17. City Attorney Bob Hager read into the record the recommendation of Special Counsel regarding the complaint of ethics violation by Venky Venkatraman: Page 5City of Coppell, Texas 23 January 25, 2022City Council Minutes "I have reviewed the complaint submitted regarding an alleged violation of the written standard of conduct for officers of the City of Coppell, enshrined in Sec. 1-13-4. The complaint alleges that Mr. Venkatraman violated Section J by knowingly engaging in outside activities which will conflict with or be incompatible with his position as an officer of the City. Mr. Venkatraman currently serves as a member of the Conduct Review Board. The first determination to make is if Mr. Venkatraman is, as alleged, an officer of the city of Coppell ·and therefore bound by the standard of conduct stated. As an appointed member of the Conduct· Review Board, it seems clear that he should be considered an officer of the City and therefore he is subject to the standards of conduct. However; I do not find that the conduct alleged, presuming that it is accurate as presented, does not rise to the level of a violation of the standards as alleged, for the following reasons: 1. The statements made by Mr. Venkatraman were not made in the course of his service as an officer of the City of Coppell, i.e. a member of the Conduct Review Board; 2. The statements made by Mr. Venkatraman do -not directly reference the city of Coppell, its residents, its employees, its business, or any matter directly concerning the city of Coppell; 3. The statements as alleged do not in and of themselves indicate a violation of Section J of the standard of conduct. At this time, as Special Counsel, I would not recommend that this matter be forwarded to the Conduct Review Board for further proceedings under Sec. 1-13-7, as I do not find the allegations constitute a violation of Section J of the standard of conduct for officers of the City of Coppell as alleged in the complaint. - David Crafword, Special Counsel" No action taken. Adjournment18. There being no further business before this Council, the meeting was adjourned at 9:10 p.m. ________________________ Wes Mays, Mayor ATTEST: ________________________ Sara Egan, Deputy City Secretary Page 6City of Coppell, Texas 24 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6101 File ID: Type: Status: 2022-6101 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 01/31/2022File Created: Final Action: Northpoint & Royal Signal InstallFile Name: Title: Consider approval of awarding Bid #1122-02; Royal and Northpoint traffic signal to Durable Specialties; for the supply and installation of a traffic signal; in the amount of $285,000.00; funded through Bond proceeds; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Traffic Signal Memo.pdf, Exhibit.pdf, Durable Submitted Bid Form.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6101 Title Consider approval of awarding Bid #1122-02; Royal and Northpoint traffic signal to Durable Specialties; for the supply and installation of a traffic signal; in the amount of $285,000.00; funded through Bond proceeds; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item is a total of $285,000, as provided by the Series 2020 Bonds issued for Fire Station #4. Staff Recommendation: Page 1City of Coppell, Texas Printed on 2/4/2022 25 Master Continued (2022-6101) The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 2/4/2022 26 MEMORANDUM To: Mayor and City Council From: Michael Garza, P.E., Assistant Director of Public Works - Engineering Kent Collins, P.E., Director of Public Works Date: February 8, 2022 Reference: Traffic Signal Award – Royal Lane at Northpoint Drive 2040: Pillar 0: Sustainable City Government Goal 4: City Services to Ensure High Levels of Customer Satisfaction General Information:  Fire Station #4 was completed in early 2021.  An emergency signal was requested by the fire department at the intersection of Royal and Northpoint.  A complete traffic signal will be installed at this intersection.  Bids were opened on November 30th and we had 4 bidders.  Durable Specialties, Inc. was the low bidder at $285,000.  They have completed several projects in Coppell successfully. Introduction: This item is to Consider approval of awarding Bid #1122-02, Royal and Northpoint traffic signal to Durable Specialties, Inc. in the amount of $285,000 for the supply and installation of a traffic signal; funded through bond proceeds; and authorizing the City Manager to sign all necessary documents. Analysis: Fire Station #4 was completed in January of 2021. At that time, the fire department requested that an emergency signal be installed at the intersection of Royal and Northpoint. In their experience, leaving the station and coming to that intersection, there was concern of sight visibility due to the curve of Royal Lane and safety for the fire engines to safely proceed through the intersection when responding to a call. They also have experienced working accidents at this intersection in the past. Due to their concerns and history of accidents, instead of installing an 27 emergency signal, it was determined that we would install a full traffic signal to provide a safe intersection for the fire department. Lee Engineering was hired to design the traffic signal in March 2021. The design was completed in Fall of 2021. We opened bids on November 30th and received 4 bids. Durable Specialties, Inc. was the lowest qualified bidder. They have performed several traffic signal installation projects in Coppell successfully. This contract is for the purchase and installation of the traffic signals in the amount of $285,000 and 90 calendar days to complete the project. Legal Review: The contract was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this Agenda item is a total of $285,000, as provided for from the bond proceeds for Fire Station #4. Recommendation: The Public Works Department recommends approval of this contract with Durable Specialties, Inc. 28 Proposed Traffic Signal,Royal Lane at Northpoint DriveCity of Coppell Project TR21-01Created in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2021.dwg\TR21-01 SIGNALCreated on: 2 February 2022 by Scott Latta1/21/2 1 29 1 INCH = FT.0606030Proposed Traffic Signal,Royal Lane at Northpoint DriveCity of Coppell Project TR21-01Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2021.dwg\TR21-01 SIGNALCreated on: 2 February 2022 by Scott Latta2/2PROPOSED TRAFFIC SIGNALPOLE AND MAST ARMNORTHPOINT DRIVEPROPOSEDPAVEMENT MARKINGSRO Y A L L A N E 30 Document A310ru - 2010 Durable Specialt es, lnc. 2302 Paddock Way Dr. Grand Prairb TX Great American lnsurance Company 301 East Fourth Street Cincinnati OH 45202 Thls do€unEnt ha. lnpodart bgal consequences. Consdta on vith an atiorney ls encourslGd vdtl rosp€d to lts condetion or rlFdlficatlon. Ary rtrll|hr rdereDce b Coobactot S(Icty, olmcr or olher party dran be co.Eidered p&lral wh.r. lFlicaHa. confoms with The Amerlcan lnstltute of Arthltects AIA Document 310 SURETY: Nanr, legal now otd ptlnctVtl plrca t{httdtc.xt) OWNER: Nar, lexol aans otd a&w1 City of Coppell 255 Pkwy Blvd. Coppell BOND AMOUTIT: 0 5%Five Percrnt of Amount Bid PROJECT: Naate, ldqrlor, ot o&t$, od It mJea nafrct, I o4') Royal Ln at Northpoint Dr Trafhc Signal lnstallation (Proiect No. TR-21-01) Thc Conrccror and SuEty sro bound to thc Ormcr in thc ouount sct forh abovc. for tllc polucnt ofn'ldch thc ContEctq atrd Surct)' tind thcmsch.cs, thcir hcis, c:ocutor& sdministritors, succcssors ond ossigos, joi ly and ssr'cr'allyi as pori&d hcrcin. Thc conditiom of this Bood arc anch thnt iftbc OrrrEr acccpts thc bid oflhc Conrractor nifiin ftc dme spccificd in lbc bid docurNcnts, or rvirhin srrh timc pcriod as may bo oErccd to b'tbc O$ng. cnd (b rocior, ard tho(b ro€torcithcr(l) cntcrs ialo! co mct \ith to Orarcrin occordanco si& tlrc tcrnrs ofsrch tid, and givcr suolr bord or boods os may bc spcificd in thc UddiIrg or Contmct Documcnts, $ilh a $tEty odmitted in thsjudrdiction oftlF Itoj6t and othc$isc acccptablc lo tho Onnct for tto fahhful pcrfrrorncc ofsuch (b rcc ltd for tho promp( polmort oflabor and naterial (umistcd io lhc proscsution lhc(ron or (2) p3lrs ao lhc (hl'rEr thc diffcFrEc, ]lot to cxcccd thc amouff of thi! tson4 bchrEn thc asrount spcoificd in said bid and suoh largcr o$omt for rvhich thc O$rcr ma;r in good faith cotrtr.pt rdth anothct Frly to Frlbrm thc $rrli corcrcd I said ti4 thcll thir oHigatim shall bc nrdl and vri4 olhcntiso la remoin in l'ull fon c and clltct. Thc Surcty hcrcty rwircs ary noticc ofsn dgrc€mcnl bctrwen dre Ownerord qrnr&clor t ex:lcrd fte limcin trhich thc OmEr muysccepl the bid. WoileroIrudcc Sr thc Sunly slnll not oI,J{y to ooy tldc&tor q\cc.ding dxty (60) dq.vs in thc aggrvgatc bclnnd lhc tinc for occcgorrc oI bid.r qrcilicd in the tid <trumcnla ond lhc Or\1ler srd Or roctor slEll obtain lhc Surcr)+ crrtrsent lilrln cxtcnsion bs)'ond dxy (60).h)':t. lfthis Boad is issucd in conncction rith c subco[tracto/s bid to a Cosll.ctor, th. tcrm Contractor in this Bond shall bc dcclrcd io bc Subcoltrictor &d thc tcrm O$ncr ilEll bo dccmcd to bc contrictor, Whcn this llonrl hss bcen l'umishld 1o comdy rrith lr rlolutory orrrthcr lcgd rcquinrncot in tftc hcstion ofthc Pnrjccq uny pnrrisirrn in tlis Bo[d crrnlliGting rtith lllid nt]otulory or legal rcquircment sholl be dcrmcd &lctcd hcrclium ord oroviiior$ conforming to srlch gorukrry or our6lcSsl rquircmcnr shall bo dccmcd os { slrtutory hxrd and not oi q comnron lr\} hrnd. incorJxrratcd hcwin. Whcn m l'umistrc4 thc intcnt is 0rat tbis Bond shall Signcd ard scatcd tis 30th do'of November' 2021 Durable Sp€cialties, lnc. TX w llYi,,lsrs) lvirr$tt) By: 6itle) Great American lnsurance Company fi*,y) By: Se l) G&&, 5PE 984 zo s{054/AS 8r10 tTitb)feuta Lwi Attomey-in-Fact Bid Bond CONTRAGTOR: 1i\a rc, legol ttoltli ad adle*r) 75050 31 GREAT AMERICAN INSURANCE COMPANY@ Admlnistrrthrc Otfic.: Sl E 4TH SIBEET . qNCl]{NAn, OH1O|52@ . 513-36S-5ffD . FAX 513-72$.27.l{) Tho nttrnber ofparsons autlrorized by this power of donEy is not more tharl stx No-0 21394 FOWER. OFATTORNEY KNOW ALL MEN BY TIIESE PR"ESENTS: ]llsr the CREAT AMERICAN INSURANCE COMPANY, a corporfiiotr organiEd ard o(isting uDder dd by virtue oftbe laws oftlE Stdc ofohio, does h6Eby nomimtc, constitrte rnd 4Doint the pcrson or Fsors mmed beloq saoh individu.lly if more thEr one is tramed, its tue .nd lawful snomcy-irFf.cr, for it @d in its natre, phce rnd sterd to o(ccule orl bch.lfofthc s8id Compdry, ss $nery, my ed.ll bonds, ud.rtrkfugs md oonb&ts ofsuretyship, or oth6 *ritte'l obli8elioN ir lhe natue ther€ot provi&d ttrt ore li.bility ofthe srid Colnpony on rny sudl bonq undstakhg or contrad ofsuretyship exeflrted urlder ftis arthority shall oot cxceed dle limit st ted belor. N.m. Ad&ess LiDril ofPowc. JACXM. CROVI'LEY DALLAS. ]EXAS ALL STEVEN R. FOSTER DALLAS, IEXAS $1OO,OOO,OOO TEUTA LURI OALIAS, TEXAS LAURIE PFLUG MLLAS, IEXAS CARLOSALBELO HOUSTON, TEXAS STEPHANIE GUM)ERSON I.IOT'STON. TEXAS This Power ofAttortr€y revok€s all Fevious poB€rs irsued otr b€tnlfofthe dromey(slio-fa.t oamed above. lN WITNESS WHEREOF t[€ GREAT AMERJCAN INSURANCE COMPANY has oaus.d tte6€ pr€serb to be si8!€d atrd altested by its appropriate 24rH2020offcals8nditsmrpo.ate sea! hertirnto affxed this Attest L 3_ day of CREAI AMERICAN INS JUNE i"i/,** Dtittoul lianior ke I'reeLit STATE OF OHIO, COUNTY OF HAMILTON _ ss: M^n( vicaEo 077-37r-2{05) Otr this 211H' c6yol JUNE , 2020 , bcforEmc persomlly app€tred MARK VICARIO, to me lnown, behg duly sworrr, d€po6es &d says thd h. resides itr Circifinari, Ohio, thd hc is 8 Divisional Scoior Vic. Presidefi of the Bord Divisiotr ofcreat Americsn In$rancc CoDp.Dy, thc Coopaoy dcsoibcd ir and which exccu&d the above itrstruoer ; th.d he kmws th€ se6l ofttre said Compely: thsl the s€d afExcd to the srid instnfiIeDt is such c-orpo.atc s€al; thst it wes so sffxcd by au$ority ofhis otr€€ uoder tlle By.L&rs ofssid Cmpfiy, ed lhat hc sigred his ,lone tberBro by lite afiodty. EiZ3: iEEEe"r sus^N A I(OHORSI t{otlry Publc 9btr of Otio ly Co m. El9lr6 ll.y t !, 2025 /^-.**A,1'r* This Pow€r ofAttomey is grxnted by elhority ofthe followinS resolutioos adopted by lte Bosrd ofDirEc-tors ofcrEar Afierics! l$urance Company by uamimous writteo consetrl dared Juae 9,2008. RESOLVED: 7'la, lhc Dbisioral Presidznt. ,he seacrol Ditisio rl Senior Vice PE iden,t. Dieisional Yice Presidenls dnd Ditisotiltl Assistlri! Vice Presidenls, or on! orp of tlerrr, be aid lpreby is aulnrired,Jiom lirre ,o lifie, lo qpoirrt oE ot ,nore Atrff 4)s-tn-Faet ao exealle on belulf of lle Compony, as sulEry, aqt @rd all Ms, vrrdorlakin$ and conlracts of suptythip, or orhr tDinen obligdiorrt ii tlu mlure lpreotr lo Wsnibz tn ,".qectiee dnes ond the respecriye limits of tlpir ou,tariu,; and to revole arry such appoinhrren, ot orry li,rp. RESOLYED FURTHEfu Tlnt ,he Coapary seal and ,hz sigature o! @ry of tlc $oratard ofrcers aad arE Se.yeu4t or Atsistant kcreaary of .he Conpary noy be afrxed by Ircsi ile lo onf power ol afione!, or cenifcale oJ ei lrq given for tlc eted.tion oJ any bond, udera*ing, conlract oI suzlyship, or olher wrirten obligalion in tle turun thereof, sueh sigrufioe drrd seal vhen to $ed beinq hereby &paed by ie Compry at lhe ongiral signatu? of such ofrcet ond tlc origiral te4l oJ lhe Cohwrry to be volid and bindlng upon thc Conqny vith the saDre foee ed eiect as tough Dtorially atlxzd CERIIFICATION L STEPHEN C. BERAHA, Assisrtot Secrctary of Crcat Aae'ica Inarlace Conp.try, do Hy c(itiry tid ths fo.Egoilg Fow6 ofAttooey and the Resolutioos of tbe Boad of Direcrors of Juoe 9, 2008 brve nol be€o revoted md re now in full fGce ed efu. signed ad seated us 3(hh day of November , 2021 c s1o29r1H (@m) @ d",\ E{rs\:7 32 1 2. BID FORM PROJECT IDENTIFICATION:Royal Ln at Northpoint Dr Traffic Signal lnstallation Proiect No. TR-21-01 Coppell, Texas BID OF Durrble Sprz i*lli.s /rtt,DATE //-20-z0zl NAME OF FIRM) THIS BID IS SUBMITTED TO:City of Coppell (hereinafler called O\MllER) c/o Procurement Agent 255 E. Parhray Boulevard P.O. 9478 Coppell, Texas 75019 CITY OF COPPELL BID NO: Q-112242 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of theContract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Notice to Bidderc and lnstructions to Bidders. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the Agreement with other documents required by the Bidding Requirements within fifteen 15) days after the date of OWNER'S Notice of Award. ln submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: a) BIDDER has examined copies of all the Bidding Documents and of the followng Addenda (receipt of all which is hereby acknowledged): Date Rec'd: No 1-16 33 b)BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or fumishing of the Work. c)BIDDER has studied carefully all reports of exploration and tests of subsurface conditions contained in the contract documents and which have been used in preparation of the contract documents. CONTRACTOR may rely upon the accuracy ofthe technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to subsurface conditions at site. BIDDER has studied carefulty all drawings of the physical conditions in or relating to existing surface or subsurface structures on the site, which are contained in the contract documents and which have been utilized in preparation of the contract documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or fumishing of the Work as BIDDER considers necessary for the performance or fumishing of the Work at the Contract Price, within the Conkact Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests reports or similar information or data are or will be required by BIDDER for suchpurposes. e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Conkact Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. f) t-t7 34 4. S) BIDDER has given ENGINEER written notice of all mnflicts, erors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submil a false or sham Bid; BIDDER has not solicited or induced any person, firm or c,orporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over O\^NER. i)It is understood and agreed that the following quantities of work to be doneat unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. i)It is understood and agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary in the opinion of the OWNER to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth, except as provided for otherwise in the Contract Documents. It is understood and agreed that all work under this contract will be completed within the bid calendar days. Completion date will be established in the Notice to Proceed. It is understood that time of completion will be a consideration in the award ofthe bid. It is strongly recommended that each BIDDER visit the site prior to submifting a bid. Construction constraints exist, including heavy traffic volume along the roadway and accessibility requirements to & from adjacent streets, neighborhoods and properties, which could affect productivity. 7. BIDDER will complete the Work for the following pnce(s) 5. 6. I- 18 It is understood and agreed that the contractor's experience in this type of work will be a strong consideration in the award of the bid. 35 BASF RrD - Sr(-rr(,N r- rlrrsc lfirMs qtub "qm.N Cmpl& ir PLe, as rh. Suh or z@.@ '1fu.& ffi B t5 TT SI]ETOIAL AMOUNT BID - AASE BID " SECIION I. MISC ITEMS /3,fm.ons lStlBTO lAt- AnMr B'4 Nuddul !-aluel Fir. i lh. Oyn.r rffid th. rieht ro d.i.r. .try bid irEr or ponier th.Nf. lf rtr Orr.r d€n .. ddd. r, po(idr of ft. PRoJf,(-I Imn th. onrr..t, tto rh..drrftt cs b. trlrn.d o tt.l bait, r@,oo SUBr(}fal- Anounr ui( Nuhd@l v!lu.) Section I - Bidding Requirements t - l9 Bid Form MOBILIZATION ts 2€.lo AARRICADES, SIC\S & TRAi'JC TIANDLI]\IC RESTORE PAR(WAYS & OISTURAED AREAS t 2ooo. tx) 36 IIASTJ BID. STJT'I'ION II .I'RAFFI(' SIC\AL IMPRO}'EMEIiTS @p1eE '. Plr., for$eSuf, of C@Dlete i. Pl@ fo rh. Sum o{ Cmplel€ in Pl6e fs the Sun oa t s Cmelel. in Pkcc fd dE Sw of t C6pl.t. n Pha€, fs th. Sm ol t oo Compld. Pllce fo. $e Sd ot Complde in Pl,c., for fi. lM of z,*/b.oD Compke i. Pi.cc for rt. Sum of 71a.,?lN.oo Cmpk& '. Pls.c aor rte 56 oa L@ " 6fu.@ I L,')1: )tr.I ffi3*iI rffi{ irIffifiI ffi&ffiI f,&.J*t Tffii( Tw# Tffi.trI t&5.1*]I WHI:HI t;atrd,It.Qn23.rLtfirf I II lrta S,lffirt rilx'. Section I - Bidding Requirements t-20 Bid Form DPJI-L SHATT ITRF SIC POLE) I]6 INJ -\ 7 9^h I 3i LF 74.@ /*9O. D/\ coNDf m'o rscB 40) r31 aTREN-cto LF conrDT tPvo tscH t0) 14) (rRENaH) l'4./Y) aoNDI rPl( ! rscH 40r r4 ){aoREl u: 9.?*).t'Y)s Zt),tv) ELEC CONDR {NO.8) TNSULATED l,{:0 t HzD.nnI ELEC ( O\IIR{NO 6) gAltF: 2.tv)s /?nA. d/) El-|.:C r O\DR rNO 6) I SIILATED I;-ta cRotND BOX TY C 1162! I I IW/APRON ryy) otl ELC SRV TY D I]OD4O OTqNSIAI,IE)PS(U) RErt IAV MRI( TY I ll'vl 8" ISLD) ( I 0O t'(ll)LF ri,t 37 Cmpla. '! Plloq aor th€ SUD oI Catp-rt 7,OO$'/386,Oo Section l- Bidding Requircments t-21 Rid Form RrjFt. PAV MI{( TY l twt ?4 (SLD) (l0O Mr!) 38 aompldc'n Pl&c, lorthcSum.a cmplet in Ple, ftr tlE Sun oa to,oo C@plele ii Phe- ld the sun oa t o,lo 38.@ @plclc n Pl&€. fo. rhe Suh of iteT.re,.t1 'o.zs '?5,oo Compl.t r Plnq for lhc Su qf r J,OO 4,@ coftpld. n PIae for $e Sm of oo Comple rr ?le. lor th! 56 ot s conpl€te rn Phcc lor lhe Sum oa LOOs " 64.@ C4mDla. in Pl,e fo. rhc Sum o{ o C@pl.t i. Pl..e fd dE Sm oa Cmpl.ro in PI.@ Is tlE Sln oa cmplelc in PL.!. fd &. so oa t3lO. Cmpld. m Phe fo. ih. Sm of mt5 tilil!F.l; lffiErlmrlll til IE]J!]I iffi:FJI ffi:tEI W&,I EIIMI 71frifrI t;- aT,llttt,rrit l alfrJtrt,t; Section I - Bidding Requirements r-22 Bid Form REfL PAV MRK TY I (WI I ARROW I I I OO I!1I L) REFL PAV MRK IY I IW) II,T'ORD) I I 0() M[,I 3 t3 PAVEMENT SEALIR 130 L.I PA\EMENI SEAIER (8"I t PA!ENIENT SEALER ( ARROW] 1-. ro^ I't PAVENIINT SEALER IWORD) zm.u) 2J N'flL] I tc 3?,,tbD,OE vgH srG sl:c ( l ?,)1.ED(GRN) vEH SrC SEC ( r 2)r_ED(6RN ARW)EA t /r//y) r'y) Er\ s 3frY).N) f 39 CmpLt in PhE, fd rh. Sh of T Cmplere ' n Phe,lorthe Sum oa oo t oo s Cmpler. in PL.r, fd 15. Sm of l5N ConDlete m Pl.ce, for nD Sum of I /@,oo Co plde nPldcc lor rhe Sumof CdDla. .. PlscE ror rfi. Su6 of 3,b 361,& Conpl.te m Pl.@, aor rhe Sum of s Cohplde in Ple, fo. th. Sm ol s CmDleru rn Pla.e. lor rh€ Sur Da b Cmpla. in PL.e fs th. SM ol I I Cohplde m Pl.ce, aor rlEsun ol T/il,oO B ffi.%Iffii& T r-.ffiffiI lBri$fiItre T ffiH$I Itts aai@tin,'F"l; I ar:a2amE.'.-n' Iffi:ffiI @ffiI oL$& IffiffiI Iltl D_t;I I Tdatt!FE,ta Section I - Bidding Requirements t-23 Bid Form vEH SrC SEC E: C +'tTkaz 3'e..a) VEH SIC SEC I I2ILLJDiRED) VEH SIG SEC ( I2"]LED(RED ARWI g*tudld*# PLATI W/RE[EA 72b (Y-) TRF 516 CBL (TI' A)I 14 AWGI S CUNDR) t Z.fi 5 /Dln Do TRF SIG l4 I2l INS TRF SIC PL AMISI I ARM(4O}EA F^r* Ft!. t zcn sLS.S77 DD ABU SYSTllle, I EXIIRNAL BATT CAEINET) 6Kod) t/;,te I T,u^ 4u,/rc/ 2 ar.-gTtv)fY) CAMASSY FXD LENS I 40 t@.6 Conpla. h PI!@ for lhe SM of Corplac,n Pl.c., for $. Ss of tz w, aompl@ i, PL!., for lh. SD of complde n Placc for lh€ Slm of Complele,n Plauc fur lhc sum oI ComFla. in Phq lor lh. S@ ol ooBIlIIEIEIrIrI3LIrI t;t5 l J,',t.llrf,lrlltililD ntEil{frlta!tt7:d l I/ril/ l'/llt SUBTOTAL AMOUIIT BII}. BASE BID- SECTION II. T&A}'I'IC SICNAI, I MPI'OVI]MTJ:{1'S s 26l ,so9.oo SUBTOTAL Amout Bid NuDdolvalE) Tn. orlq rffi6 rhc.ichr to dd.h &y Did ird. r porid. it.Mf. rrn otr.o d..l! lo dd.rc -r !*ri.d {arh. ROJDCT amE in. @FftL tt . rtu qrE.t tu b. n.id6d @ lr.1 b.ril Section I - Bidding Requirements r-24 Bid Form LF\iIVDSCABI.ING t 3,&t ?LQl,M ILLUMINATED STREET NAVE SICNS 6)Op 4tulaad ' 1ffi,or) SELECTOR t 4{U).rvl s /f119-x) ITY Of OPPII,I STAI\OARD X)S]'MOTJN'ITD SIGNS t 41 SAST] BID. STCIIOR I. ALII)IIA:{CES Cmpla. in Pl!@ for rh. Sun of I- SUrTOT L AMOUNT BID. BASE AID. SECTION X ' AI,I,OWAN('1]S ISUBTOTAI Amoul Bi{ NunE@l valuu) TqI nr@d Dol!6 2a. C6ts Th. ord.r r@16 ri. .ighr ro d6l.r. rry birt ir@. orydi@ ti..oL lfli. olrrd delt lo d.ld. at !.nli.s of llr. PROJECT fEE rt! .drE.L rta rt! @tE.t .r b. .rrrd.d d lh.l b.ril Section I - Bidding Requirements t-25 Bid Fonn PROJECT ALLOWANCE TOR LANDSCAIE IMPROVEMENTS I LS 42 BID SUMMARY - BID NO. Q.112142 Denton Tap Road lntersectaon Improvements BID ITEMS SECTION I- MISC. ITEMS SECTION II - TRAFFIC SIGNAL IMPROV. SECTION X - ALLOWANCES t3 a) 26l,foo,N 10,000.00 TOTAL BID ITEMS -BASE BID $ z81N,OO TOTAL TIME BIDTOCOMPLETE PROJECT gO-CALENDAR DAYS t-26 43 I 9. Communications concerning this Bid shall be addressed to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the pro.iect. Said taxes are not included in the Contract Price (see lnstructions to Bidders). 10.The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adlusted accordingly. A Proposal Guaranty shall be provided in accordance with ltem 102.5 of the Standard Specifications for Public Works Gonstnrction - North Central Texas Council of Govemments Fourth Edition. SUBMITTED ON By: Name: Title: 4 i"K C Pr"t,/nf Company:_ Address: Po Bov f3r?61 Gr"l ft'atr;e, fr, zsatS t-27 PROPOSAL GUARANTY 30- zozl L- Du roilc $e... //h s, /tt z . 44 PREVAILING WAGE RATES Classification Hourlv Rate CONCRETE FINISHER (Paving & Structures) 14.12 TRUCK DRIVER Lowboy-Float....... Off Road Hau|er.................. Single Ax|e.............. Single or Tandem Axle Dump Truck..... Tandem Axle Tractor with Semi Trailer. Transit-Mix ..-...- WELDER.. Hourlv Rate 16.24 12.25 1?.31 12.6? 12.86 14.14 LABORER Asphalt Raker Flagger.........-...... Laborer, Common Laborer, Utility Pipelayer............. Work Zone Barricade Servicer 14.84 12.69 10,06 POWER EQUIPMENT OPERATOR Asphalt Distributor,.......,............... Asphalt Paving frfr"t'in".... .. ... .............. Broom or Sweeper.............. Concrete Pavement Finishing Machine.... Concrete Saw.-,..-...-. .-14.48 Crane Operator, Lattice Boom............. 80 Tons or Less Crane Operator. Lattice Boom over..... 80 Tons Crane. Hydraulic 80 Tons or Less....... Crawler Tractor . Excavator, 50,000 pounds or less Excavator. over 50,000 pounds....... Foundation Drill, Truck Mounted...... Foundation Drill, Crawler Mounted .. Front End Loader 3 CY or Less Milling Machine ....14.32 Motor Grader, Fine Grade......'t7.19 Motor Grader, Rough................................... 16.02 Pavement Marking Machine........................ 1 3.63 Reclaimer/Pu|verizer.................................... 1 1.01 Roller, Aspha|t............... 10.72 12.32 t3.24 1 1.68 15.32 13.99 1't .7 4 16.05 17.27 20.52 18.12 14.07 t 7,1 I 16.99 21 .07 17.99 13.69 13.08 11.51Roller, Other..,.... Scraper.....................12.96 Small Slipform Machine 15.96 Spreader Box.......14.73 Servicer............14.58 Steel Worker (Reinforcang)............,.............. 16.1 I l-a Classification FORM BUILDER / FORM SETTER Paving & Curb..... ............13.16Structures............ ............ 13.84 45 BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as corect and flnal. Bidder further certifies and agrees to furnish any and/or all commodities upon which pnces are extended at the price offered, and upon the conditions contained in the Specifications of the lnvitation to Bid. The period of acceptance of this bid will be ninety (90) calendar days from the date of the bidopening. STATE OF -Te,,oT COUNW OF I arla nf BEFORE ME, the undersigned authority, a Notary Public in and forthe State of Tq(a J , on this day personally Fo{nzk C who after being by me Name duly sworn, did depose and say: Ou ^ t1;in,;athcs. I rt c .and have been duly authorized to execute the Nrme ofFrm foregoing on behatfoflhesatO Dvrobb Spc;alfieS, /ttc, Name of Firm I hereby certiff that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line of business prior to the official opening of this bid. Further, I certiry that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concemed in any pool, agreement or combination thereol to controlthe price of services/ commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder:It,e,s AC.tu 6a./ Pa;rie,7i ztar3 Telephone. (l7Z)216- G3?-q 7oLby Title , Phr,)onf SUBSCRIBED AND SWORN to before me by the above named P"lr;,K C firyan on this the d^da v of zl Notary Public in and for the State of TLps fu.,r/{fu- ROBERT K FOX NOTACY PUSLIC gt A.TE CIF TE)(AS EXP NOl AFY lO I t-29 1, Palr;,k C Bf Yan am a duly authorized officer'agent for 46 IF BIDDER IS. An lndividual Seal) lndividual's Name) doing business as Business address Phone No. AlaEreIsli! By (Seal) Firm Name) General Partner) Business address Phone No. A Corooration c c,( Name) I e,rQ.' State of lncorporation) gP EC,. rck t Bc a A Name of person authorized to sign) Jent Title) Secretary) Po qox U359Aq c G AJeidJedrJs l.c 75b5 No.?zz'z?6-6rzLl Name) (Address) Name) (Address) Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) l-30 tl' ,' 47 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM ClQ OFFICE USEONLYThlsquestlonnairorelloclschangesmadetothelawbyH.8.23,84th Lcg., Regular Session. Thas queslionnaire is being filed in accordance with Chapter 176, LocalGovernmenl Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) wilh a local governmenlal enlity and the vendor meets requirements under Seclion 176.006(a). By law this queslionnaire must be filed wilh lhe romrds administralor of the local governmental entity nol later than the 7th business day after the dale the vendor becomes arvare of facls lhal require the slalement to be tiled. See Section 176.006(a-1), Local Govemment Cod€. A vendor commits an oftense if the vendor knowingly violates Section 176.006, Local Governmenl Code. An otlense under this section is a misdemeanor. Dare Beceived 7w"'p wlth local governmental entity.Name ol vendor who has a Check this box il you are lilng an update toa previouslyliled questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally liled questaonnaire was incomplete or inaccurate.) 2) lnlormation is being disclosed.Name or localgovernmgnl ofticer about whom Name of Otficer Describe each employment or olher business relationship wilh the local governmenl oflicer, or a lamily member ol the oflicer, as described by Sectlon 176.003(aX2XA). Also describe any tamily relationship with the local government officer. Complete subparts A and B lor each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. ls the local government otficer or a family member of the otficer receiving or likely to receive taxable income, other than investment income, from the vendor? B. Is the vendor receiving or likely to recsive taxable income, other than investment income, from or at the direction ot the local government officer or a family member ot the oflicer AND the taxable inmme is not received lrom the local governmental entity? 4 No No Describeeach amploymBnt or business relationship that the vendor named in Section 1 maintainswith a corpontion or other businoss enlity with respect to which the local govemment ofllcer sen es as an oflicer or director, or holds an ownershlp lnterest o, one percent or more. Check this box if the vendor has given the local government otficer or a tamily member of the otFicer one or more gitts as described in Section 176.003(a)(2)(B), excluding gifts described in Section '176.003(a-'l ). t governDateng Form provided by Texas Elhics Commission www.elhics.slale.tx-us Revised 11,/30/2015 tr E 91 z_) 48 BtD #Q.1122.02 ROYAL LN AT NORTHPOII{T DR SIGNAL INSTALLATION COOPERATIVE PURCHASING As permitted under Government Code, Title 7, Chapter 791.025, As permitted under Govemment Code, Title 7, Chapter 791.025, other govemmental entities may wish to cooperatively purchase under the sarne tenns and conditions contained in this contract (piggyback). Each entity wishing to piggyback must have prior authorization from the City of Coppell and Contractor. If such participation is authorized, all purchase orders will be issued directly from and shipped directlyto the entity requiring supplieVservices. The City of Coppell shall not be held responsible for any orders placed, deliveries made, or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract. IS YOUR FIRM WILLING TO ALLOW OTHER GOVERNMENTAL ENTITIES TO PIGGYBACK OFF THIS CONTRACT, IF AWARDED, UNDER TIIE SAME TERMS AND CONDITIONS? o GlrY OFCOPPELL. PROCURE"ENT SERVICES DEPARTITEfl'T . 255 PARKWAY BOUI..EVARD. COPPELL, TEXAg 75019 49 BID #Q-1122-02 ROYAL LN AT NORTHPOINT DR SIGTIAL INSTALLATION M/WBE STATUS CERTIFICATIONS AND REPRESENTATIONS N h IS CERTIFIED AS A: CHECK ONE, IF APPLICABLE) DISADVANTAGED BUSINESS ENTERPRISE MINORTI'Y.OWNED BUSINESS ENTERPRISE PLEASE ATTACH OFFICIAL DOCUMENTATION FROM THE STATE OF TEXAS OR OTHER QUALIFIED CERTIFICATION AGENCY OF M/WBE STATUS OF YOUR COMPANY WITH THIS BID/PROPOSAI,. rNoTE+++++ THIS DATA IS REQUESTED FOR INFORMATIONAL PURPOSES ONLY AND WILL NOT AFFECT TT{E BID AWARD. SI]BMISSION OF THIS INFORMATION IS NOT A REQI,NREMENT.) CITY OF COPPELL. PROCUREMENT SERVICES OEPARTUENT.zS6 PARKWAY BOULEVARD. COPPELL, TEXAS 75019 WOMEN-OWNED BUSINESS ENTERPRISE 50 I City of Coppell, TX Procurement Services HOUSE BILL 89 VERIFICATION Pc-rr;"k C Br*r,(Person name), the undersigned representative of Company or Business namc c i€L referred to as company) being an adult over the age of eighteen (18) years ofage, do hereby depose and veriff underoath that the company named-above, under the provisions ofSubtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2, Will not boycott Israel during the term of the contract the above.named Company, business or individual with the City of Coppell acting by and through City of Coppell. Pursuant to Section 2270.001, Texas Government Code: I . " Boycott Israel " means refusing to deal with, terminating business activilies with, or otherwise taking any action that is intended to penalize, inflicl economic harm on, or limil commercial relations specifically with Israel, or teith a person or entity doing business in Israel or in an Israeli-controlled territory, bul does not include an action made for ordinary business purposes; and 2. "Comparry" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partner.ship, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, mtjorily+wned subsidiary, parent company or qffiliale ofthose entities or business associalions thol exisl to make aprofiL REPRF,SENTATIVE, 40-azl UAIL 51 BtD#Q-1122.02 ROYAL LN AT NORTHPOINT DR SIGNAL INSTALLATION Company lnformation Drt Address PO fi5q6 G Pro; r,:.7tb53 Phone Number:q7Z- z1 /"- aszrl Fax Number:972- 780-7411 q{r;rk c 6t a ll I L t)ColA Cfi OF COPPELL. PROCUREI'ENT SERVICES OEPARTTIENT.265 PARKWAY AOULEVARO. COPPELL, TEXAS 75019 52 BtD #Ot 122.02 ROYAL LN AT NORTHPOINT OR SIGNAL INSTALLATION Insurence Reouirements: The Contractor shall fumish and maintain during the life of the contract adequate Worker's Compensation and Commercial General Liability (Public) lnsurance in such amounts as ftrllows: Tvoe of lnsurance AruIlII Worker's Compensation as set forth in the Worker's Compensation Act. Commercial General Liability (Public) Owner's Protective Liability Insurance Excessfumbrella Liability 1,000,000 Each AccidenV0ccurence. 1,000,000 Aggregate, $1,000,000 Products & Completed Operations Aggregate. 600,000 per Occurrence 1,000,000 aggregate I ,000,000 per occurrence w/drop down coverage Endorsement CG 2503 Amendment Aggregate Limit of Insurance per Project or Owner's and Contractor's Protective Liability Insurance S500,000 Combined single limit per occurrence.Automobile Liability ADDITIONAL INSUREI) The Owner shall be named as an additional insured on the Commercial General Liability Public), Owner's Protective Liability, and Excessfumbrella Liabiliry Insurance Policies fumished by the contractor 53 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6107 File ID: Type: Status: 2022-6107 Agenda Item Consent Agenda 1Version: Reference: In Control: Parks and Recreation 02/01/2022File Created: Final Action: Duck Pond ParkFile Name: Title: Consider approval of a professional services agreement with Kimley-Horn and Associates, for Engineering & Design Services for renovations to The Duck Pond Park, not to exceed the amount of $85,500.00, as provided for in the CRDC Fund Balance; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Memo.pdf, Design Proposal.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6107 Title Consider approval of a professional services agreement with Kimley-Horn and Associates, for Engineering & Design Services for renovations to The Duck Pond Park, not to exceed the amount of $85,500.00, as provided for in the CRDC Fund Balance; and authorizing the City Manager to sign any necessary documents. Summary See attached memo. Fiscal Impact: The fiscal impact of this agenda item is $85,500, as provided for in the CRDC fund balance. Page 1City of Coppell, Texas Printed on 2/4/2022 54 Master Continued (2022-6107) Staff Recommendation: The Parks and Recreation Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 2/4/2022 55 1 MEMORANDUM To: Mayor and City Council From: John Elias, Parks Projects Manager Via: Jessica Carpenter, Director of Parks and Recreation Date: February 8, 2022 Reference: Consider approval of a professional services agreement with Kimley-Horn and Associates, for Engineering & Design Services for renovations to The Duck Pond Park, not to exceed the amount of $85,500.00, as provided for in the CRDC Fund Balance; and authorizing the City Manager to sign any necessary documents. 2040: Pillar 0: Sustainable City Government Goal 3: Well-maintained City Infrastructure General Information: The Duck Pond Park is a 5-acre neighborhood park located at 400 E. Bethel School Road. This park was the first neighborhood park built in Coppell in 1978. The park features a playground, picnic areas, pedestrian walking trail and a pond. Introduction: The proposed park improvements include pond edge re-establishment, retaining walls, concrete channel lining, site grading, sidewalk paving, playground surface replacement, headwall replacement, drainage flume replacement, landscape reestablishment, and irrigation. Project will include geotechnical investigation, topographic survey, preparation of construction documents, and bidding and construction phase services for park improvements at The Duck Pond Park. The Project Budget for Renovations to The Duck Pond Park: • Engineering / Design Fees $85,500 • Priority #1, South Pond Edge $330,000 • Priority #2, North/East/West Pond Edge $290,000 • Priority #3, Playground Area $105,000 Total Project Budget $810,500 56 2 Analysis: Consider approval of a professional services agreement with Kimley-Horn and Associates, for Engineering & Design Services for renovations to The Duck Pond Park, not to exceed the amount of $85,500.00 Legal Review: This contract was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this agenda item is $85,500, as provided for in the CRDC fund balance. Recommendation: The Parks and Recreation Department recommends approval of this item. 57 kimley-horn.com 801 Cherry Street, Unit 11, Suite 1300, Fort Worth, Texas 76102 817 335 6511 June 11, 2021 Mr. John Elias, RLA City of Coppell 265 E. Parkway Boulevard Coppell, TX 75019 RE: Professional Services Agreement The Duck Pond Park – Coppell, Texas Dear Mr. Elias: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “the Consultant”) is pleased to submit this letter agreement (the “Agreement”) to The City of Coppell (the “City”) to provide design services for the referenced project in accordance with the attached Standard Provisions. PROJECT UNDERSTANDING We understand that the City intends to provide construction documents for the proposed park improvements at The Duck Pond Park, in Coppell, TX. The proposed park improvements include pond edge re-establishment, retaining walls, concrete channel lining, site grading, sidewalk paving, playground surface replacement, headwall replacement, drainage flume replacement, landscape re- establishment, and irrigation. Project will include geotechnical investigation, topographic survey, preparation of construction documents, and bidding and construction phase services for park improvements at The Duck Pond Park. The Consultant assumes the following in preparation of this Letter Agreement.  The project improvements are prioritized as noted in the scope below. The City will select the priorities to be included in the final design, based on the available construction budget. The current estimated budget for all 4 priorities is approximately $725,000.  No platting or subdivision scope has been included in this proposal.  No zoning work is included in this proposal. SCOPE OF SERVICES Task 1 - Topographic Survey The Consultant will prepare a topographic survey of approximately 8-acres located at 400 E Bethel School Rd, Coppell, TX 75019. The topographic survey is to be used in-house and will not be issued as a stand-alone survey document. The boundary of the park area will be delineated as the boundary of the residential subdivisions on the east and west, and the public street right-of-way line on the north and south. Only those easements shown on the residential subdivision plats, or provided by the City, will be shown on the survey. The survey will consist of: onsite improvements; elevations around the immediate perimeter of the site; contour lines representing the surface of the existing ground at one foot intervals based on a survey grid system and tied to existing control 58 Page 2 kimley-horn.com 801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas 76102 817 335 6511 points; observed (only if clearly visible from the surface) locations of existing water, sewer, storm drain, and franchised utility appurtenances; Dig Tess markings of subsurface utilities that are in place at the time our field work is being done; and two benchmarks established with the survey. The Consultant will also survey the approximate locations of trees (6” and larger) within the topographic survey area, their likely species, and estimate of their size. Deliverables: Boundary and topographic survey tied to NAD83, North Texas Zone, in AutoCAD (DWG) format containing features located, trees (6” and larger), with one-foot contours and TIN. Task 2 - Geotechnical Investigation The Consultant will engage an independent testing firm to provide borings and geotechnical engineering services report for the project, as noted in the project understanding. This work will consist of providing up to four (4) borings at the project site, extending to a depth of up to twenty (20) feet, or five (5) feet into bedrock. The report will provide recommendations for required soil modification and pavement recommendations for pedestrian concrete, concrete site features, and footing/foundation recommendations. Deliverables: Digital (PDF) and one (1) printed (8.5x11) updated Geotechnical Report, Boring Location Exhibit. Task 3 - Construction Documents Following City approval of the Conceptual Plan, the Consultant will prepare Construction Documents for the proposed park improvements. The park improvements will consist of a concrete or stone pond edge re-establishment along the south shore of the existing pond, soft pond edge re-establishment along the east/west/north shore of the existing pond, replacement of the existing drainage flume located at the east park boundary at Woodhill Drive, installation of drainage pipe and headwall at the east pond shoreline, replacement of the existing pipe outfall located at the west shore of the pond, replacement of the existing headwall/drop structure at the north shore of the pond, replacement of the existing channel lining at the north side of the park, replacement of playground surfacing, concrete playground border, playground underdrain, sidewalk replacement, replacement of retaining walls, re-establishment of turf areas, and adjustments to the existing irrigation system. Plan review sets will be provided to the City at 60%, 90% and 100% completion. It is anticipated that the following sheets will comprise the Priority Area #1 Design Plan Package: A. Cover Sheet B. Existing Conditions and Removal Items (1-2 Sheets) The Consultant will prepare final Existing Conditions and Removal Plans, using the information gathered from the initial site visit and topographic survey. The plan will include items of work identified for performance by either the City or the Contractor. C. Site Layout Plan (1-2 Sheets) The Consultant will provide a final Site Layout Plan that will include layout of improvements, detail key, with work/bid items identified, and detail references and notes for the proposed site improvements. 59 Page 3 kimley-horn.com 801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas 76102 817 335 6511 D. Grading Plan (1-2 Sheets) The Consultant will prepare final Grading Plans illustrating grading for the proposed park improvements. These plans will show existing and proposed contours, pavement grades, spot elevations at critical points, and identification of the pond edge treatment. These plans will include limits of lawn/turf area re-establishment. E. Storm Drainage Plan (1-2 Sheets) The Consultant will prepare final Storm Drainage Plans, that will include existing and proposed drainage area maps, and layout of proposed storm drainpipe, replaced channel lining, headwall, drop structure, and pipe outfall. The Consultant will determine the hydraulic impacts of the proposed improvements to the existing pond. The Consultant will obtain and review available plans for the detention pond, and topographic data of the pond to determine the current capacity of the pond. The Consultant will determine if the proposed improvements modify the available capacity for the pond, and provide recommendation for grading adjustments to provide additional capacity to the pond if needed. F. Erosion Control Plan and Details (1-2 Sheets) The Consultant will prepare final Erosion Control Plans illustrating erosion control measures to be provided for the site. City standard details will be referenced where applicable. G. Site Details (2-3 Sheets) The Consultant will prepare final detail sheets showing site improvements identified in the 100% Construction Documents package. Details will include the hard pond edge treatment, soft pond edge treatment, headwall, drainage flume, pipe connections, channel lining, headwall/drop structure, pipe outfall, playground surfacing, playground border, concrete sidewalk, playground underdrain and retaining walls. City standard details will be referenced where applicable. H. Landscape Plan and Details (2-3 Sheets) The Consultant will prepare and Landscape Plan and details that will include planting along the pond edge, and limits of lawn/turf re-establishment. I. Irrigation Plan and Details (1-2 Sheets) The Consultant will prepare an Irrigation Plan and details for adjustments to the existing irrigation system impacted by the proposed improvements. The Irrigation Plan will be prepared in accordance with current published City standards. Deliverables: Up to five (5) full size (24”x36) printed copies, and up to two (2) half size (12”x18”) printed copies of the plans will be provided at 100% completion. Digital (PDF) copies of the plans will also be provided. Meetings: One (1) meeting with the City for review of the 100% Construction Documents. Task 4 - Accessibility Review Following completion of the Construction Documents, the Consultant will coordinate with a Registered Accessibility Specialist (RAS) for the purposes of reviewing the plans for the Project for 60 Page 4 kimley-horn.com 801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas 76102 817 335 6511 conformance with the Texas Accessibility Standards (TAS). The Consultant will use a RAS subconsultant for the Texas Department of Licensing and Regulation (TDLR) required plan review and project inspection. The Consultant will coordinate with the RAS for project registration with the TDLR prior to bidding and project inspection upon completion of construction. The Consultant will prepare plans in general conformance with TAS and will make one (1) round of revisions to the plans based on comments received from the RAS. Inspection and registration fees for TDLR are included in this fee. Deliverables: Project registration with TDLR, Plan Review Summary Letter, Site Inspection and Site Inspection Report. Task 5 - Bidding Phase Services The Consultant will provide assistance during the bidding phase, including responding to questions from bidders, attendance at pre-bid meeting, and preparation of project addenda will be provided in this scope. Due to the nature of unknown circumstances during the bidding phase, the scope is limited to the following items:  Attendance at up to one (1) pre-bid meeting  Response to Requests for Information (RFIs)  Preparation of Addenda The effort for this task assumes one (1) bidding period. Any additional effort during the bidding phase, or preparation of documents for additional bidding phases will be provided as an Additional Service. The Consultant assumes the City’s online portal will be utilized for plan distribution, and we have excluded plan printing and plan distribution from this task. Deliverables: Meeting Agenda and Notes, Addenda as issued, Bid Tabulation in digital (.XLS) format, and Bid Summary Letter. Task 6 - Construction Phase Services The Consultant will provide the construction phase services as specifically stated below: Clarifications and Interpretations: The Consultant will respond to reasonable and appropriate Contractor requests for information made in accordance with the Contract Documents and issue necessary clarifications and interpretations. Any orders authorizing variations from the Contract Documents will be made only by Client. Change Orders: The Consultant may recommend Change Orders to the Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. Shop Drawings and Samples: The Consultant will review and take appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for general conformance with the Contract Documents. Such review and action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. Any action in response to a shop drawing will not constitute a change in the Contract Documents, which can be changed only through the Change Orders. 61 Page 5 kimley-horn.com 801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas 76102 817 335 6511 Site Visits: The Consultant will attend up to six (6) site visits to observe the progress of the work. Observations will not be exhaustive or extend to every aspect of Contractor's work, but will be limited to spot checking, and similar methods of general observation. Based on the site visits, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Document and keep Client informed of the general progress of the work. The Consultant will not supervise, direct, or control Contractor's work, and will not have authority to stop the Work or responsibility for the means, methods, techniques, equipment choice and use, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for failure of Contractor to comply with laws. Consultant does not guarantee Contractor’s performance and has no responsibility for Contractor's failure to perform in accordance with the Contract Documents. Meetings: Up to six (6) Construction Phase Meetings INFORMATION PROVIDED BY CLIENT We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by the Consultant during the project, including but not limited to the following:  Electronic copies of all previous plans and surveys;  Executed copy of this Agreement; and  Access to Property. ADDITIONAL SERVICES Any items requested that are not specifically noted in the above scope will be considered additional services and will be provided as requested and authorized by the Client. Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates.  Additional design requirements, exhibits, or revisions required by entities other than those identified above;  Site lighting and electrical design  3D renderings and Fly through videos;  Site signage or wayfinding;  Monument Signs;  Tree Survey;  Offsite improvements;  Any lighting and electrical design;  Lighting photometrics/circuitry;  Life safety signage and lighting;  Value engineering revisions;  Design revisions beyond one round for each task;  Design revisions after completed tasks; 62 Page 6 kimley-horn.com 801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas 76102 817 335 6511  Environmental services;  Endangered species coordination / permitting;  Public variances;  Preparation of record drawings;  Additional Construction Phase Services;  Any item not specifically noted in this agreement. This list is included not only to partially clarify what is excluded in this scope of services, but also to make the Client aware of other project needs that could be met by the Consultant if requested and authorized. 63 Page 7 kimley-horn.com 801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas 76102 817 335 6511 FEE AND EXPENSE The Consultant will perform the services in Tasks 1-6 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the City. Basic Services Task 1 Task 2 Topographic Survey Geotechnical Investigation $ $ 10,000 5,000 LS LS Task 3 Construction Documents $ 52,000 LS Task 4 Accessibility Review $ 4,000 LS Task 5 Bidding Phase Services $ 4,000 LS Task 6 Construction Phase Services $ 10,500 LS Total Lump Sum Fee $ 85,500 LS Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Coppell. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please provide the following information: Please email all invoices to: Please copy: If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute this Agreement in the spaces provided below and return a copy to our attention. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. 64 Page 8 kimley-horn.com 801 Cherry Street, Suite 1300, Unit 11, Fort Worth, Texas 76102 817 335 6511 We appreciate the opportunity to provide these services to you. Please contact us at (817) 335-6511 should you have any questions regarding this agreement. Sincerely, Scott R. Arnold, P.E. Vice President TBPE F-928 John Fielder, PLA Project Manager CITY OF COPPELL, TEXAS A Municipality SIGNED: PRINTED NAME: _______________________ TITLE:_________________________________ Attachment – Standard Provisions 65 Rev 10/2020 1 KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant’s then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. (2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. (c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. (d) Arrange for access to the site and other property as required for the Consultant to provide its services. (e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. (g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultant's services or any defect or noncompliance in any aspect of the project. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months, Consultant’s compensation shall be renegotiated. (4) Method of Payment. Client shall pay Consultant as follows: (a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the rate of 12% per year beginning on the 25th day. If the Client fails to make any payment due under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant’s invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment. (c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. (d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of the Consultant’s documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant’s electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the 66 Rev 10/2020 2 Client, and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. (8) Standard of Care. The standard of care applicable to Consultant’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (9) LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO THE CLIENT AND THE CONSULTANT, THE RISKS ARE ALLOCATED SUCH THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN THE AGGREGATE, OF THE CONSULTANT AND THE CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMING BY, THROUGH OR UNDER THE CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSES, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF CONTRACT OR ANY WARRANTY, EXPRESS OR IMPLIED, OF THE CONSULTANT OR THE CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED TWICE THE TOTAL COMPENSATION RECEIVED BY THE CONSULTANT UNDER THIS AGREEMENT OR $50,000, WHICHEVER IS GREATER. HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR ADDITIONAL FEE. THIS SECTION 9 IS INTENDED SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE CLIENT OR THOSE CLAIMING BY OR THROUGH THE CLIENT, AND NOTHING IN THIS SECTION 9 SHALL REQUIRE THE CLIENT TO INDEMNIFY THE CONSULTANT. (10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before the Consultant has issued final, fully-approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. (12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-party reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. (13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within two years of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, 67 Rev 10/2020 3 or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. (15) Construction Phase Services. (a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor’s general liability insurance policy. (16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 68 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6108 File ID: Type: Status: 2022-6108 Ordinance Agenda Ready 1Version: Reference: In Control: City Council 02/01/2022File Created: Final Action: Temporary Banner Signs - Ordinance AmendmentFile Name: Title: Consider approval of an Ordinance of The City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 6 ‘Business Regulations’, Article 6-15 ‘Temporary Signs’, Section 6-15-5, ‘Provisions for All Zoning Districts’; by amending the Subsection (8)(C) to amend the time temporary banner signs at a location shall be permitted from five times to twelve; and authorizing the Mayor to sign. Notes: Sponsors: Enactment Date: Temporary Banner Signs Memo.pdf, ORD Temporary Banner Signs.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6108 Title Consider approval of an Ordinance of The City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 6 ‘Business Regulations’, Article 6-15 ‘Temporary Signs’, Section 6-15-5, ‘Provisions for All Zoning Districts’; by amending the Subsection (8)(C) to amend the time temporary banner signs at a location shall be permitted from five times to twelve; and authorizing the Mayor to sign. Summary The Code of Ordinances will be amended to allow businesses to have twelve temporary banner signs per year instead of five. Fiscal Impact: Page 1City of Coppell, Texas Printed on 2/4/2022 69 Master Continued (2022-6108) N/! Staff Recommendation: Staff recommends approval. Strategic Pillar Icon: Create Business and Innovation Nodes Page 2City of Coppell, Texas Printed on 2/4/2022 70 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: February 8, 2022 Reference: Consider approval of an Ordinance of The City of Coppell, Texas, amending the Code of Ordinances by amending Chapter 6 ‘Business Regulations’, Article 6-15 ‘Temporary Signs’, Section 6-15-5, ‘Provisions for All Zoning Districts’; by amending the Subsection (8)(C) to amend the time temporary banner signs at a location shall be permitted from five times to twelve; and authorizing the Mayor to sign. 2040: Create Business and Innovation Nodes Executive Summary: City Council gave direction to staff to modify the current Temporary Sign Ordinance in an effort to assist Coppell businesses in their advertising efforts. Introduction: On May 12, 2020, City Council approved an Ordinance that declared a moratorium of enforcement on certain sections of Article 16, Chapter 6 of the City of Coppell Code of Ordinances that pertains to on-premise temporary signs. City Council passed this Ordinance due to COVID-19 because the pandemic impacted so many businesses that were forced to close or limit their service offerings. In order to help them in their recovery efforts, the City wanted to allow businesses more opportunities to advertise their services using on-premise temporary signage. That Ordinance was extended three times to help businesses in their recovery efforts, and City Council expressed their desire to help businesses with advertising during the pandemic and beyond. Per City Council direction, the moratorium on enforcement did expire on December 31, 2021. Prior to the expiration of the Ordinance, staff provided a survey for businesses to complete regarding the use of temporary signs. While responses from businesses were low, the majority of those that responded felt that increasing the number of allowable banners each year would provide businesses with the same benefit that other temporary signs provided. 71 2 The current Ordinance allows five banners per year for businesses. If approved, the Ordinance on the agenda will amend the existing Ordinance to increase the allowable number of banners each year from five to twelve. This change would provide businesses with additional opportunities for advertising their business without changing the types of signs that are currently allowed. Analysis: Staff briefed City Council of this proposed change during Work Session on January 25, 2022. City Council directed staff to bring back an amended Ordinance for consideration. The current Ordinance and proposed changes are detailed below. The current Ordinance that contains a section on temporary banner signs, Article 16, Chapter 6-15, Section 6-15-5, reads: 8. Temporary banner signs: Banner signs shall be permitted subject to the following restrictions: (A) Banner signs shall be constructed of cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. Businesses that erect signs under the provisions of this section shall not display a sign that states "Going Out of Business" or similar message more than one time. (B) During the initial year of operation, a business shall be permitted to erect one temporary banner sign a maximum of five times. Such signs shall be erected a maximum of 14 days for each permit except the initial sign may be erected for a maximum of 45 days. In addition, a business shall also be permitted to erect one grand opening temporary banner sign at the same time as the initial 45day banner is up. Such sign shall be erected a maximum of 14 days. A permit shall not be issued within 15 days of the date that any temporary banner sign was erected at the occupancy. The permit application for the sign must include the date the sign will be erected, the date the sign will be removed and a drawing showing the location of the sign. The effective area for such signs shall not exceed 40 square feet. (C) A business that has been in operation for a period of one year or more, and non-profit organizations, shall be permitted to erect one temporary banner sign at a location five times per calendar year. Such signs shall be erected a maximum of 14 days for each permit. A permit, for such a sign, shall not be issued within 15 days of the date that any temporary banners sign was erected at the location. The effective area for such signs shall not exceed 40 square feet. (D) New multi-family developments shall be allowed to display one banner sign as provided in this section. Signs shall refer to leasing information only and shall be removed within six months of the 72 3 date the permit was issued. Signs shall not exceed 150 square feet in effective area. Signs shall be constructed of vinyl cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. (E) A banner may be erected on a lot adjacent to structure if the business owns both lots. The amended Ordinance will read as follows (with changes highlighted in red): (A) Banner signs shall be constructed of cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. Businesses that erect signs under the provisions of this section shall not display a sign that states "Going Out of Business" or similar message more than one time. (B) During the initial year of operation, a business shall be permitted to erect one temporary banner sign a maximum of twelve times. Such signs shall be erected a maximum of 14 days for each permit except the initial sign may be erected for a maximum of 45 days. In addition, a business shall also be permitted to erect one grand opening temporary banner sign at the same time as the initial 45day banner is up. Such sign shall be erected a maximum of 14 days. A permit shall not be issued within 15 days of the date that any temporary banner sign was erected at the occupancy. The permit application for the sign must include the date the sign will be erected, the date the sign will be removed and a drawing showing the location of the sign. The effective area for such signs shall not exceed 40 square feet. (C) A business that has been in operation for a period of one year or more, and non-profit organizations, shall be permitted to erect one temporary banner sign at a location twelve times per calendar year. Such signs shall be erected a maximum of 14 days for each permit. A permit, for such a sign, shall not be issued within 15 days of the date that any temporary banners sign was erected at the location. The effective area for such signs shall not exceed 40 square feet. (D) New multi-family developments shall be allowed to display one banner sign as provided in this section. Signs shall refer to leasing information only and shall be removed within six months of the date the permit was issued. Signs shall not exceed 150 square feet in effective area. Signs shall be constructed of vinyl cloth or canvas material and must be anchored in such a way that would prevent the sign from moving freely in the wind. (E) A banner may be erected on a lot adjacent to structure if the business owns both lots. If the amended Ordinance is approved, staff will mail a letter to each business in Coppell to make 73 4 them aware of the change. Legal Review: Bob Hager prepared the amended Ordinance. Fiscal Impact: N/A Recommendation: Staff recommends approval. 74 1 TM 127519 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6 ‘BUSINESS REGULATIONS’, ARTICLE 6-15 ‘TEMPORARY SIGNS’, SECTION 6-15-5 ‘PROVISIONS FOR ALL ZONING DISTRICTS’; BY AMENDING THE SUBSECTION (8)(C) TO AMEND THE TIME TEMPORARY BANNER SIGNS AT A LOCATION SHALL BE PERMITTED FROM FIVE TIMES TO TWELVE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 6 ‘Business Regulations’, Article 6-15 ‘Temporary Signs”, Section 6-15-5 ‘Provisions for all Zoning Districts’, Subsection (8)(C) of the Code of Ordinances be, and the same is hereby, amended by amending to read as follows: “Chapter 6 – BUSINESS REGULATIONS ARTICLE 6-15 TEMPORARY SIGNS Sec. 6-15-1. Purpose . . . . . Sec. 6-15-5. Provisions for all zoning districts 1. Imitation of traffic and emergency signs . . . . . 8. Temporary banner signs: Banner signs shall be permitted subject to the following restrictions: (A) . . . . . . . . . . (C) A business that has been in operation for a period of one year or more, and non-profit organizations, shall be permitted to erect one temporary banner sign at a location twelve (12) times per calendar year. Such 75 2 TM 127519 signs shall be erected a maximum of 14 days for each permit. A permit, for such a sign, shall not be issued within 15 days of the date that any temporary banners sign was erected at the location. The effective area for such signs shall not exceed 40 square feet. (D) . . . . .” SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, amended, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2022. APPROVED: WES MAYS, MAYOR 76 3 TM 127519 ATTEST: ASHLEY OWENS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 77 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6104 File ID: Type: Status: 2022-6104 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 01/31/2022File Created: Final Action: WW Elevated Tank RehabFile Name: Title: Consider approval of awarding Bid # Q-0122-01, Wagon Wheel Elevated Storage Tank Rehabilitation; to O and J Coatings, Inc.; for the rehabilitation of the Wagon Wheel elevated tank; in the amount of $975,500.00; with a potential early completion incentive of $30,000.00; for a total contract amount of $1,005,500.00; funded through Bond proceeds; and authorizing the City Manager to sign any necessary documents. Notes: Sponsors: Enactment Date: Wagon Wheel EST Rehab Memo.pdf, Wagon Wheel EST Exhibit.pdf, Dunham Recommendation and Bid Tab, O and J Coatings Bid Form and Contract.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6104 Title Consider approval of awarding Bid # Q-0122-01, Wagon Wheel Elevated Storage Tank Rehabilitation; to O and J Coatings, Inc.; for the rehabilitation of the Wagon Wheel elevated tank; in the amount of $975,500.00; with a potential early completion incentive of $30,000.00; for a total contract amount of $1,005,500.00; funded through Bond proceeds; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this item is $1,005,500.00, funded through Series 2021 Bond proceeds. Page 1City of Coppell, Texas Printed on 2/4/2022 78 Master Continued (2022-6104) Staff Recommendation: The Public Works Department recommends approval. Strategic Pillar Icon: Sustainable Government Page 2City of Coppell, Texas Printed on 2/4/2022 79 1 MEMORANDUM To: Mayor and City Council From: Kumar Gali, P.E., Assistant Director of Public Works - Operations Kent Collins P.E., Director of Public Works Date: February 8, 2022 Reference: Wagon Wheel Elevated Storage Tank Rehabilitation 2040: Foundation Pillar: Sustainable City Government Goal 4: City Services to Ensure High Levels of Customer Satisfaction General Information: • Wagon Wheel Elevated Storage Tank (WWEST) is one of the City’s elevated tanks that supplies water to the community. • WWEST has a capacity of 2-million gallons and was originally constructed in 1998. • In July of 2021, Dunham Engineering completed pre-rehabilitation inspection and evaluation for the WWEST and recommended the tank to be rehabilitated within a year. • In November of 2021, City Council approved design and construction services to Dunham Engineering. • Staff advertised for bids and received six bids on January 20th, 2022. • O and J Coatings, Inc was the lowest qualifying bidder. The total bid price for the rehabilitation of WWEST is $975,500.00. The contract also includes incentives up to an amount of $30,000. Introduction: This agenda item is being presented to consider approval of awarding Bid # Q-0122-01 Wagon Wheel Elevated Storage Tank Rehabilitation to O and J Coatings, Inc in the amount of $1,005,500.00 for the rehabilitation of the Wagon Wheel elevated tank; funded through Bond proceeds; and authorizing the City Manager to sign all necessary documents. 80 2 Analysis: WWEST, located near Northpoint Drive and Royal Lane, is an elevated water storage tank with a capacity of 2-million-gallons constructed in 1998. The tank consists of a 40-foot-tall bowl structure that sits on a 108-feet-tall concrete pedestal, for a total height of 148-feet. In July 2014 Dunham Engineering and U.S. Underwater Services conducted a pre-rehabilitation inspection and evaluation for both of city’s elevated storage tanks. Under normal conditions a tank such as this can be expected to need repainting/rehabilitation every 15-20 years. The results from the 2014 evaluations recommended rehabilitation and painting of both elevated tanks, with varying levels of rehabilitation. At that time the inspection of Southwestern EST was determined to be in “Fair” condition and WWEST determined to be in “Good” condition. In July of 2021, Dunham Engineering conducted another evaluation of WWEST and rated the tank condition to be in fair to poor in overall condition. Based on the results from the inspection and evaluation, Dunham Engineering recommended rehabilitation of WWEST within one year. On November 9th, 2021 the City Council approved a design contract with Dunham Engineering for the design and preparation of bid documents to perform the needed rehabilitation. The contract with Dunham also included construction and inspection compliance services during the rehabilitation of the WWEST. On January 20th, 2022, the City opened six bids and the bid amounts ranged between $653,000.00 and $1,381,800.00. The lowest bidder, M.K. Painting, Inc. retracted their bid and the second lowest bidder, Nix Metals, did not submit the correct bid forms. As a result of the retracted an incomplete bid, O and J Coatings, Inc was the lowest qualified bidder with a bid amount of $975,500.00. Bids were evaluated based on cost, qualifications, and references. Exhibit B includes a recommendation of award from the design engineer and bid tab. Exhibit C includes O and J Coatings, Inc. bid form and contract. This project will require taking the WWEST out of service for a period of two to three months. Due to high water use during the summer months this work has been scheduled to be completed before summer months. This contract includes an incentive provision of $500 per day for early completion with a maximum incentive of $30,000. 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 item is $1,005,500.00, funded through Bond proceeds. Recommendation: The Public Works Department recommends approval of this item. 81 82 College Station, TX Phone: (405) 593-7553 Oklahoma City, OK Fax: (979) 690-7034 www.DunhamEngineering.com TX Registration #: F-22537 February 2, 2022 City of Coppell 265 E Parkway Boulevard Coppell, TX 75019 Via email to: gdavis@coppelltx.gov Attn: Jerry Davis Re: Wagon Wheel CET Tower Resurfacing Project Contractor Recommendation Dunham recommends the contractor O & J Coatings, Inc. for the Wagon Wheel Elevated Storage Tank Rehabilitation Project, bid number Q-0122-01. We appreciate the opportunity to serve you. If you should have any questions or if we can provide additional assistance, please call anytime. Thanks for your business! Sincerely, Joe Seiter, P.E., Engineering Manager Cell: 405-593-7553 2/2/2022 83 ItemNo.BidQuantityUnitUnit Price Unit Price Total Price Unit Price Total Price Unit Price Total PriceUnit PriceTotal PriceUnit PriceTotal PriceUnit PriceTotal PriceI-1 1 LS$30,000 $30,000 $35,000 $35,000 $10,000 $10,000 $53,972 $53,972 $5,000 $5,000 $75,000 $75,000I-2 1 LS$5,000 $5,000 $7,000 $7,000 $2,000 $2,000 $10,000 $10,000 $5,000 $5,000 $8,300 $8,300I-3 1 LS$4,000 $4,000 $7,500 $7,500 $8,000 $8,000 $10,000 $10,000 $8,000 $8,000 $8,700 $8,700I-4 1 LS$4,000 $4,000 $7,500 $7,500 $8,000 $8,000 $10,000 $10,000 $8,000 $8,000 $8,700 $8,700I-5 2 LS$3,500 $7,000 $5,000 $10,000 $3,000 $3,000 $3,000 $6,000 $7,000 $14,000 $8,000 $16,000I-6 1 LS$8,000 $8,000 $6,500 $6,500 $5,000 $5,000 $1,300 $1,300 $10,000 $10,000 $10,200 $10,200I-7 1LS$1,000 $1,000 $8,000 $8,000 $2,000 $2,000 $15,000 $15,000 $10,000 $10,000 $1,500 $1,500I-81 LS$500$500$1,000 $1,000 $2,000 $2,000 $24,301 $24,301 $3,000 $3,000 $9,500 $9,500I-9 1 LS$7,000 $7,000 $3,000 $3,000 $6,000 $6,000 $6,000 $6,000 $10,000 $10,000 $10,000 $10,000I-10 1 LS$3,000 $3,000 $5,000 $5,000 $2,000 $2,000 $5,000 $5,000 $2,000 $2,000 $1,200 $1,200I-11 1 LS$9,000 $9,000 $2,500 $2,500 $10,000 $10,000 $1,500 $1,500 $10,000 $10,000 $8,500 $8,500I-12 2 EA$250$500$1,200 $1,200 $1,000 $1,000$850$1,700$500$1,000 $1,400 $2,800I-13 1 EA$9,000 $9,000 $13,000 $13,000 $5,000 $5,000 $10,000 $10,000 $3,000 $6,000 $10,200 $10,200I-14 1 LS$500$500$5,000 $5,000$500$500$500$500$3,000 $3,000$700$700I-15 200 EA$10$2,000$25$2,500$100$20,000$25$5,000$10$2,000$30$6,000I-16 2 Gal.$250$500$350$700$1,000 $1,000$200$400$500$1,000$750$1,500I-17 1 LS$270,000 $270,000 $356,000 $356,000 $250,000 $250,000 $449,803 $449,803 $450,000 $450,000 $593,000 $593,000I-18 1 LS$150,000 $150,000$0$330,000 $330,000 $23,017 $23,017 $600,000 $600,000 $390,000 $390,000I-19 1 LS$127,000 $127,000 $450,000 $450,000 $300,000 $300,000 $435,339 $435,339 $200,000 $200,000 $200,000 $200,000I-20 1 LS$15,000 $15,000 $15,000 $15,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $20,000 $20,000TOTAL Base Bid (Total of Items I-1 through I-20): $ Dollars and Cents$653,000$936,400$975,500$1,078,832$1,358,000$1,381,800TOTAL Tangible Personal Property: $ Dollars and Cents$305,000-$ $1,600,000$2,497,664-$ $192,000ALTERNATE BID ITEMS NEXT PAGEItemNo.BidQuantityUnit Unit PriceTOTAL Add or Deduct to Base Bid: $ Dollars and Cents$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00BID SUMMARY$653,000$936,000$988,500$1,078,832$1,358,000$1,381,800-$ -$2,500.00-$10,000.00$0.00-$ -$ $305,000-$ $1,600,000$2,497,664-$ $192,000$0.00 -$10,000.00Hardware Replacement Dollars and Cents per LUMP SUMDeep Pit Repair Dollars and Centsper EACHShallow Pit Repair Dollars and Centsper EACHInterior Wet Area Protective Coating SystemReplacement Dollars and Cents per LUMP SUMSafety Harness Dollars and Cents per EACHSteel Pedestrian Door Replacement Dollars and Cents per EACHM.K. Painting, Inc.4157 SeventhWyandotte, MI 48192No Bid No BidNix metals129 West Fletchall AvePoseyville , IN 47633$0.00 -$2,500.00No Bid No BidNo Bid No Bid$0.00 $0.00TMI Coatings, Inc.3291 Terminal DriveSt. Paul, MN 55121Classic Protective Coatings Inc.N7670 State Hwy 25Menomonie, WI 54751N.G. Painting1225 Bandera Hwy, Ste. A2Kerrville, TX 78028O&J COATINGS INC1720 CYNTHIA LANEHURST, TX-765053TOTAL ALTERNATE BID ITEMS #A-1$ Wagon Wheel Elevated Storage Tank RehabilitationUNIT PRICE BID SCHEDULEALTERNATE BID ITEMSDescription and Unit Price in Words Total PriceExterior Surface Preparation System Dollars and Centsper LUMP SUMExterior Protective Coating System Replacement Dollars and Cents per LUMP SUMTank Logos Dollars and Centsper LUMP SUMTotal Tangible Personal Property:$ Other Approved Coating SystemBidders may provide pricing for other approved coating systems per Tech. Spec. If provided, pricing to be shown as an Add or Deduct to overall Base Bid. Dollarsand Centsper LUMP SUMTOTAL BASE BID ITEMS #I-1 THRU #I-20$ A-1 1 LSOverflow Pipe Repair Dollars and Cents per EACHObstruction Light Replacement Dollars and Cents per LUMP SUMLug Removal Dollars and Cents per LUMP SUMSafety Climb Device Dollars and Cents per EACHExisting Cathodic Equipment Removal Dollars and Cents per LUMP SUMRoof Vent Installation Dollars and Cents per LUMP SUMRoof Hatch Replacement Dollars and Cents per LUMP SUMInterior Ladder Replacment Dollars and Cents per LUMP SUMMobilization, Complete In Place Dollars and Cents per LUMP SUMSCADA and Emergency Communication EquipmentProtection Dollars and Cents per LUMP SUMRoof Vent Replacement Dollars and Cents per LUMP SUMWagon Wheel Elevated Storage Tank RehabilitationUNIT PRICE BID SCHEDULEBASE BIDDescription and Unit Price in Words Total Price 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 SECTION 2 CONTRACT DOCUMENTS COPPELL 106 2-2 Contract Documents STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 20 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work shall consist of replacement of several tank appurtenances, and the replacement of the interior wet, interior dry and exterior protective coating systems. Work shall include all components necessary for the “turnkey” construction of the project as shown in the plans for the Wagon Wheel Elevated Storage Tank Rehabilitation. It will be necessary to maintain access to the adjacent properties at all times throughout the project. The project contractor shall be responsible for all traffic control and any additional work necessary to maintain the safe operation of traffic through the project site. The Project for which the Work under the Contract Documents is generally described as follows: Construction of the Wagon Wheel Elevated Storage Tank Rehabilitation Bid No. Q-0122-01 Article 2. ENGINEER. The Project has been designed by City of Coppell Engineering Department. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 107 2-3 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed as stated within Items 19 and 20 of the Instructions to Bidders in Section 1 of these contract documents, and the Contract time commences to run as provided in Item 103.2 of the General Provisions and completed and ready for final payment in accordance with It em 109.5 of the General Provisions. 3.2. Liquidated Damages. For the purposes of this project, an incentive/disincentive procedure shall be incorporated into the contract based upon the provisions for the incentive/disincentive as set forth in Item 20 within the Instructions to Bidders in Section 1 of these contract documents. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in Section 1 - Proposal and Bid Schedule. The contract sum shall be the amount of $ . The total tangible personal property cost included in the contract sum is $ . Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percent age indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregat e of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recomm ended by ENGINEER as provided in said Item 109.5.4. 108 2-4 Contract Documents Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC-105.1.3 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnis hing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes all responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 109 2-5 Contract Documents Article 8. CONTRACT DOCUMENTS. The Contract Document s which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 2-2 thru 2-7, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive), including Performance Bond, Payment Bond and Maintenance Bond. 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: Standard Specifications for Public Works Construction – North Central Texas Council of Governments Fourth Edition. 8.6. Supplementary Conditions to the NCTCOG, Division 100: General Provisions (pages 3-2 thru 3-10, inclusive). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for th e Wagon Wheel Elevated Storage Tank Rehabilitation Bid No. XXX”for the City of Coppell. 8.8. Drawings (Construction Plans) entitled “Wagon Wheel Elevated Storage Tank Rehabilitation”, for the City of Coppell. 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. 110 2-6 Contract Documents Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsi bility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assignors and legal representatives to the other party hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 111 2-7 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterp art each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on thei r behalf. This Agreement will be effective on , 20 . OWNER: City of Coppell CONTRACTOR: 255 Parkway Boulevard Coppell, TX 75019 BY: BY: TITLE: TIT LE: ATTEST: ATTEST: Address for giving notices: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Kent Collins, P.E. Dir. of Public Works (If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach evidence of authority to sign and evidence of authority to sign.) resolution or other documents authorizing execution of Agreement.) 112 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6109 File ID: Type: Status: 2022-6109 Agenda Item Agenda Ready 1Version: Reference: In Control: City Council 02/01/2022File Created: Final Action: Council ItemFile Name: Title: Discuss and consider removal of Venky Venkatraman as a member of the Conduct Review Board. Notes: Sponsors: Enactment Date: Conduct Review Board Memo.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6109 Title Discuss and consider removal of Venky Venkatraman as a member of the Conduct Review Board. Summary Page 1City of Coppell, Texas Printed on 2/4/2022 113 MEMORANDUM To: Mayor and City Council From: Mike Land, City Manager Date: February 8, 2022 Reference: Discuss and consider removal of Venky Venkatraman as a member of the Conduct Review Board. At the request of Councilmembers Kevin Nevels and Mark Hill, this item has been placed on the agenda. 114 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2022-6106 File ID: Type: Status: 2022-6106 Agenda Item Mayor and Council Reports 1Version: Reference: In Control: City Council 01/31/2022File Created: Final Action: Upcoming eventsFile Name: Title: Report by the City Council on recent and upcoming events. Notes: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Related Files: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: Text of Legislative File 2022-6106 Title Report by the City Council on recent and upcoming events. Summary Page 1City of Coppell, Texas Printed on 2/4/2022 115